• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• The Korean Journal of Nuclear Medicine Technology
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• v.21 no.2
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• pp.13-27
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• 2017

Purpose In the procedure of domestic medical radioactive self-disposal, there are many requests of supplementation and difficulties on the screening process. In this regard, presentation of basic guideline will improve the work processing efficiency of medical institution radioactive waste. From 2015 to 2016, We reviewed and compared a supplementary requests of domestic fifteen medical institution radioactive self-disposal Plan & Procedure manual. In connection with this, we derive the details of the radioactive waste document based on the relative regulation of nuclear safety Act. The representative supplementary requests of Korea Institute of Nuclear Safety are disposal method of non-flammability radioactive waste, storage method of scheduled self-disposal waste, the legitimacy of self-disposal and pre-treatment of self-disposal, reference radioactivity of disused filter and output of storage period, attachment the evidential matter of measurement efficiency when using a gamma counter. Through establishing a medical radioactive waste guideline, we can clearly suggest a classification standard of radioactive nuclide and the type of occurrence. As a result, we can confirm the reduction of examination processing period while preparing a self-disposal document and there is no spending expenses for business agency. Also, the storage efficiency of facility will better and reduce the economic expenses. On the basis of this guideline, we will expect a contribution to the improvement of work efficiency for officials who has a working-level difficulty of radioactive waste self-disposal.

• Korean Business Review
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• v.16
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• pp.23-42
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• 2003

Most of the taxes in Korea are collected using a voluntary reporting payment system that meets most financial requirements. However, many people are unaware of their tax liability, and legal forces to ensure payment of taxes are weak within the Korean social structure. Therefore, the tax system cannot depend only on people's awareness of their tax liability, and for these reasons the Korean government has been investigating a system for fair taxation and the administrative punishment for tax evasion. In addition, an improvement to the taxation system is strongly 'demanded in order to protect taxpayers' rights, and improve the efficiency and rationality of the system. In this study, I compare and analyze the problems related to each nation's tax investigation system, and then propose an improved plan for a tax investigation system in Korea. It is necessary to prescribe in the bylaws of the Office of National Taxation that the investigator's performance rating or incentives are not affected in any way by the tax investigator's actual records on tax collection, as this type of evaluation can easily lead to conflicts with the primary goals of the law or written constitution.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.133-142
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• 2011

The purpose of this study is to analyze the problems of the parties involved in the issuance of apartment housing development projects. The adapted research method selected four apartment housing development as PF ABCP projects. This study carried out the case about participant institution of PF ABCP funding project including developer, constructor, financial institution so as to draw problems by participant institution. On the basis of the selected case, this thesis proposes methods for involved parties to negotiate and work out problems of the PF ABCP. The results of this study are as follows 1) Launching long-term project financing should be developed, including operating funds and strengthen the ABS and ABCP issuance of credit assessment procedures, combined with the simplicity of the instruments. 2) The Low-risk contract for the construction of simple managerial focus should be the construction, financial institutions essentially dependent on project financing feasibility verification purpose loans to prevent the division a true story, the development should be of interest to be preserved. The proposed included, among other, partial guarantee based on the construction plan financial institutions' share-based investment, and the supplement of legal issues.

• Korean Journal of Remote Sensing
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• v.35 no.2
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• pp.241-250
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• 2019

The current U.S. remote sensing act was made in 1992 and has been criticized for being outdated and inappropriate in view of the modern technological development. In order to enhance the American competitiveness and leadership in the world, President Trump announced Space Policy Directive (SPD) - 2 on May 24, which is designed to modernize the regulations related to commercial space activities including private remote sensing system operations. It should be noted that the regulatory reform efforts are made within broader terms of the National Security Strategy on Dec. 17, 2017, pursuing the enhancement of national security and economic prosperity as well. A legislative support in Congress has also been added to the Administration's efforts. The proposed regulatory reform on the licensing of commercial remote sensing system operations outlines the features of lessening administrative burden on applicants by simplifying the overall application process and of limiting the operations only when there is an impact upon the national security with clear and convincing evidence. But, due to a different regulatory system of each country, such a movement to expand an individual's freedom to explore and utilize outer space may result in an international dispute or a violation of international obligations, so there should be a merit in paying attention to the U.S. commercial remote sensing regulatory reform, and it is desirable to establish international norms as flexible and appropriate to the level of space technology and space industry.

• Journal of Korean Library and Information Science Society
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• v.53 no.4
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• pp.211-232
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• 2022

Research performance evaluation has been based heavily on quantitative criteria. Various limitations however were revealed and the demand for excellence in research quality was growing and the importance of qualitative evaluation factors was increasing as well. The study investigates and introduces cases for improving research evaluation that have appeared around the world since 2010. To extract qualitative factors that can be introduced in research achievement evaluation in Korea this study investigated and organized the performance evaluation cases of foreign universities and proposed the introduction of the evaluation method in Korea. Qualitative evaluation factors were extracted by analyzing achievement evaluation documents evaluation procedures and evaluation standards of top 10 universities around the world. As a results this study proposes the use of various performance evaluation documents mulch-faceted evaluation and multi-level performance evaluation process and various qualitative performance evaluation standards. In traditional bibliometrics, while the degree of citation was measured when generating research evaluation indicators, future indicators may reflect recommendation scores as indicators, or include industrial connectivity and utilization in education / industry. It is hoped that the performance evaluation method will be balanced through this paper and ultimately the professor's research achievement evaluation will be a process that can help individuals grow into excellent researchers and develop the research environment.

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.403-425
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, the State's aviation safety regulations refer to the Standards and Recommended Practices(SARPs) provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. This Paper is intended to identify the main differences between korean and foreign regulation and suggest a few amendment proposals on Mixed-fleet Flying(at or more two aircraft type operation) of flight crew. Comparing with these regulations, the korean regulations and implementations have some insufficiency points. I suggest some amendment proposals of korean regulations concerning Mixed-fleet Flying that flight crew operate aircraft of different types. Basically an operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type of airplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of airplane or in a flight simulator. Also, flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot's competence on each type or variant of a type of airplane. Proficiency check shall be performed periodically. When an operator schedules flight crew on different types of airplanes with similar characteristics in terms of operating procedures, systems and handling, the State shall decide the requirements for each type of airplane can be combined. In conclusion, it is necessary for flight crew members to remain concurrently qualified to operate multiple types. The operator shall have a program to include, as a minimum, required differences training between types and qualification to maintain currency on each type. If the Operator utilizes flight crew members to concurrently operate aircraft of different types, the operator shall have qualification processes approved or accepted by the State. If applicable, the qualification curriculum as defined in the operator's Advanced Qualification Program could be applied. Flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. The difference among different types of airpcrafts decrease and standards for these airpcrafts can be applied increasingly because function and performance have been improved by aircraft manufacture company in accordance to basic aircraft system in terms of developing new aircrafts for flight standard procedure and safety of flight. Also, it becomes more necessary for flight crews to control multi aircraft types due to various aviation business and activation of leisure business. Nevertheless, in terms of flight crew training and qualification program, there are no regulations in Korea to be applied to new aircraft types differently in accordance with different levels. In addition, it has no choice different programs based on different levels because there are not provisions to restrict or limit and specific standards to operate at or more than two aircraft types for flight safety. Therefore the aviation authority introduce Flight Standardization and/or Operational Evaluation Board in order to analysis differences among aircraft types. In addition to that, the aviation authority should also improve standard flight evaluation and qualification system among different aircraft types for flight crews to apply reasonable training and qualification efficiently. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation concerning operating aircraft of different types(Mixed-fleet flying), and suggested some proposals on the different aircraft type operation as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.2
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• pp.47-61
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• 2009

The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.

• 주택과사람들
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• no.54 s.71
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• pp.185-206
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• 1996

1.건설제도의 국제화와 경쟁기반 구축 $\bullet$건설산업을 기획$\cdot$설계$\cdot$시공$\cdot$감리$\cdot$사후관리 등 전 분야에 걸쳐 경쟁력 있는 산업으로 육성-기획$\cdot$설계$\cdot$시공$\cdot$감리$\cdot$유지관리 등 건설산업 전반에 관한 기본사항을 법제화-대규모 공사의 경우 발주자를 대신하여 건설공사의 기획$\cdot$설계$\cdot$발주$\cdot$감리$\cdot$시공관리 등 업무의 전부 또는 일부를 종합적으로 조정$\cdot$관리하는 $\lceil$건설사업관리$\rfloor$제도를 도입 $bullet$건설공사 $\lceil$현장실명제$\rfloor$도입을 통한 하도급제도의 정비-전문건설업자로부터 하도급, 위탁, 고용 등의 형태로 공사에 참여하는 현장근로자를 신고 받아 권익을 보호하고 시공책임도 부과하는 $\lceil$현장실명제$\rfloor$도입 $\bullet$공사완성보증제, 손해배상보증제도를 도입하고, 신용상태 $\cdot$시공능력에 따라 보증 요율 등을 차등화 하여 부실업체를 배제 $\bullet$건설공사관련 각종 계약서와 시방서 등 제기준을 정비하여 발주자$\cdot$시공자 등 건설주체간의 역할과 책임을 명확화$\bullet$건설분쟁을 신속하고 객관적으로 조정$\cdot$중재하기 위하여 $\lceil$건설분쟁중재원$\rfloor$으로 확대 개편 2. 건설인력의 육성과 고용안정$\bullet$경쟁력 제고의 관건인 우수인력 확보를 위하여 대학교육 제도의 개선을 포함한 건설 인력 수급대책을 추진 - 대학의 건설관련 학과 정원을 2000년까지 매년 일정규모로 증원하여 고급기술 인력을 배출 현재 50$\%$에 불과한 건설관련 국가기술자격자를 2000년에 70$\%$까지 제고 - 감리 등 전문인력을 양성하고, 선진외국 감리 회사를 활용하여 국내 업계와의 경쟁을 유도 $\bullet$건설현장의 최일선에서 품질을 담당하고 있는 건설기능공의 고용안정과 복지향상을 위한 획기적인 대책을 마련 - 건설기능공의 자긍심과 사회적 책임의식을 고취하기 위해 기능공이 여러 현장을 전전하여 근무하더라도 경력관리, 공제금 등의 합산 관리가 가능하도록 $\lceil$건설 근로자 복지카드$\rfloor$제도를 도입 *$\lceil$건실시연구단$\rfloor$을 구성$\cdot$구체적인 운영방안을 수립 - 건설 업체 실정에 맞는 현장위주의 기능검정제도 도입 $\cdot$자격증이 현장에서 요구되는 기능수준과 숙련도를 제대로 반영할 수 있도록 검정방법을 현장 실기위주로 개선하고 자격검정업무도 건설협회 등의 자격 검정능력을 향상시켜 위탁$\cdot$시행하는 방안을 검토 3. 공사시행기관의 전문성과 책임성 제고 $\bullet$시장이 개방되어 건설공사가 국제적인 관행에 따라 이루어질 것에 대비하여 시행기관에 계약$\cdot$공사관리 등 전문직공무원을 집중 교육하여 양성 $\bullet$ 조달청이 대행하여 공사계약을 하는 경우라도 설계변경은 발주기관이 자체적으로 할 수 있도록 허용 $\bullet$ 기술직 공무원의 기술향상을 위하여 관련 공무원의 확충, 해외연수, 현장교육 강화 등을 지속적으로 추진 $\bullet$ 충분한 사전조사를 거쳐 사업계획을 수립하도록 $\lceil$건설공사 시행절차$\rfloor$를 규정 $\bullet$ 공사기간 3년 이상의 공사에 대하여는 최대한 계속비사업으로 편성토록 계속비제도의 운영을 활성화 4. 건설현장의 품질관리체제 구축 $\bullet$ 현장배쳐플랜트 설치를 확대하여 레미콘의 품질관리를 일원화하고 현장에서 레이콘을 배합하는 건식공법을 채택 - 현장레미콘생산시설(B/P)설치 확대로 콘크리트 하자에 대한 책임한계 일원화 유도 - 레미콘 재료인 골재$\cdot$시멘트$\cdot$물을 공장에서 혼합하여 공급하는 현행 습식배합 대신에 물만을 현장에서 혼합하는 건식 배합방식을 도입 $\bullet$철강재$\cdot$철구조물의 품질을 보증하기 위하여 일정기술을 갖춘 공장에서만 제작토록 하는$\lceil$공장인증제$\rfloor$를 도입 - 제작시설과 품질관리 등을 심사하여 제작공장을 등급화하고 등급에 따라 철강재 등의 제작업무 범위를 차등화 $\bullet$시설물에 대하여도 시공업체가 제작공장을 등급화하고 등급에 따라 철강재 등의 제작업무 범위를 차등화 $\bullet$시설물에 대하여도 시공업체가 사후관리를 일괄 책임질 수 있도록 $\lceil$시공 및 유지관리 일괄계약제도$\rfloor$를 도입 - 대형교량$\cdot$소각로$\cdot$하수처리장 등 유지관리에 전문성이 요구되는 분야부터 시범적으로 도입 $\bullet$건설자재의 표준화$\cdot$정보화사업을 조속히 추진 5. 건설업체에 대한 지원 강화 $\bullet$일부 공공사업자의 경우 관행화되어 있는 대금일부의 어음 또는 채권지급방법을 단계적으로 축소 $\bullet$매월 감독이나 감리원의 기성확인에 의하여 시공자에게 공사대금을 직접 지급토록 하는 등 대금 지급절차를 간소화 6. 민간 건축물에 대한 안전확보 $\bullet$충실한 설계가 이루어지도록 제도를 개선 - 설계도서 작성기준을 제정하고 다중이용시설에 대하여는 건축심의단계에서 구조검토 등 설계심의를 의무화 $\bullet$대형다중이용시설에 대한 감리 강화 - 감리전문회사 수준의 감리체제로 전환하고 감리대가도 공공수준으로 인상하고 적용요율대로 지도$\cdot$감독 강화