• Title/Summary/Keyword: 조항

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A Study on Transfer Process Model for long-term preservation of Electronic Records (전자기록의 장기보존을 위한 이관절차모형에 관한 연구)

  • Cheon, kwon-ju
    • The Korean Journal of Archival Studies
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    • no.16
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    • pp.39-96
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    • 2007
  • Traditionally, the concept of transfer is that physical records such as paper documents, videos, photos are made a delivery to Archives or Records centers on the basis of transfer guidelines. But, with the automation of records management environment and spreading new records creation and management applications, we can create records and manage them in the cyberspace. In these reasons, the existing transfer system is that we move filed records to Archives or Records centers by paper boxes, needs to be changed. Under the needing conditions of a new transfer paradigm, the fact that the revision of Records Act that include some provisions about electronic records management and transfer, is desirable and proper. Nevertheless, the electronic transfer provisions are too conceptional to apply records management practice, so we have to develop detailed methods and processes. In this context, this paper suggest that a electronic records transfer process model on the basis of international standard and foreign countries' cases. Doing transfer records is one of the records management courses to use valuable records in the future. So, both producer and archive have to transfer records itself and context information to long-term preservation repository according to the transfer guidelines. In the long run, transfer comes to be the conclusion that records are moved to archive by a formal transfer process with taking a proper records protection steps. To accomplish these purposes, I analyzed the 'OAIS Reference Model' and 'Producer-Archive Interface Methodology Abstract Standard-CCSDS Blue Book' which is made by CCSDS(Consultative committee for Space Data Systems). but from both the words of 'Reference Model' and 'Standard', we can understand that these standard are not suitable for applying business practice directly. To solve this problem, I also analyzed foreign countries' transfer cases. Through the analysis of theory and case, I suggest that an Electronic Records Transfer Process Model which is consist of five sub-process that are 'Ingest prepare ${\rightarrow}$ Ingest ${\rightarrow}$ Validation ${\rightarrow}$ Preservation ${\rightarrow}$ Archival storage' and each sub-process also have some transfer elements. Especially, to confirm the new process model's feasibility, after classifying two types - one is from Public Records center to Public Archive, the other is from Civil Records center to Public or Civil Archive - of Korean Transfer, I made the new Transfer Model applied to the two types of transfer cases.

The Promotion State and Measures to Improve the Record Information Disclosure System (기록정보공개 제도 개선 추진 현황과 방안)

  • Zoh, Young-Sam
    • The Korean Journal of Archival Studies
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    • no.22
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    • pp.77-114
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    • 2009
  • The right to know is not satisfied merely by making or improving laws or systems. The right to know is a matter of culture rather than system. Nevertheless, consistent system improvement measures are required. There are many laws relating to the right to know. In particular, at the core are the Official Information Disclosure Act, the Record and Archives Management Act, and the Presidential Record Management Act. The fact that systems relating to official record management and presidential record management are related to the right to know is understood by the promotion of records and archives management reform after the year 2004, as a result of which the national archives management innovation road map was established. Reflecting the many opinions of the "Information Disclosure System Improvement Task Force" composed with participation of the government and the press after the participatory government's announcement of "Measures to Advance the Support System for News Coverage," amendments to the Information Disclosure Act have come forward with system improvement measures in connection with issues that had arisen until then. Such improvement measures have not resulted in actual improvements. This thesis proposes several system improvement measures, focusing on those that have arisen until now but have not been reflected in discussion, such as converting the concept of information non-disclosure into disclosure postponement, preparing and disclosing particular information disclosure standards, specifying personal information for non-disclosure, specifying and strictly applying any information that has not been disclosed for purposes of internal review, deleting non-disclosure items in stenographic records that do not have a reason to exist, and establishing limits and terms of non-disclosure. Of the most remarkable system improvement measures that have been made until now is our recognition that the right to know is not limited to the information disclosure system but that the "cause" of archive management should be systematic and scientific. In other words, the right to know is understood to establish not just accidential factors, such as with a whistle-blower, but the inevitable factors of systemization of production, distribution, preservation, and use of archives. Much more study should be pursued regarding disclosure of archives information. In particular, difficult issues to be resolved regarding reading records at permanent archives management institutions, such as the National Archives of Korea, or copyrights that arise in the process, require constant study from academia and relevant institutions.

The Conservation Status and Vitalization Plan for Railroad Car Heritage (철도차량유산의 보존현황과 활성화 방안)

  • Seok, Min-Jae
    • Korean Journal of Heritage: History & Science
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    • v.51 no.2
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    • pp.38-57
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    • 2018
  • Led by the Cultural Heritage Administration, studies on the cultural heritage of railways have merely focused on modern registered cultural heritage and on excavating the cultural heritage of modern rail transportation. Endeavors of institutions relevant to railways to protect the cultural heritage of railways were not sufficiently made. Only the internal guideline to protect the cultural heritage of railways made by the railway corporation is being implemented. This study aims to assert the need to examine the protective measures of the heritage of railroad cars and to vitalize plans of conserving the heritage of railroad cars. Also, plans to protect the heritage of railroad cars and methods to invigorate schemes of protecting the heritage of railroad cars will be suggested. The current situation of protecting the heritage of railroad cars was investigated via a field trip. Through exploring overseas examples of protecting the heritage of the railroad cars, ways to vitalize plans of widely publicizing the heritage of the railroad cars with their historical values were suggested. Results showed that first, the way of openly exhibiting conserved railroad cars by setting up stands other than the way of exhibiting and conserving in one site was necessary. Second, in order to properly preserve and manage the cultural heritage of railways, railroad cars, much like natural monuments or intangible cultural properties, need to be perceived as cultural properties. Also, it is necessary to amend the Cultural Properties Protection Law to include railway heritage. Third, the perception of the cultural heritage of railways should be heightened, and SNS, blogs, and cafes need to strategically promote this heritage in order to increase the public's interest. Fourth, in addition to enacting legislations and gaining institutional support for the cultural heritage of railways, the budget to operate the responsible department, and employing staff for the heritage of railroad cars should be resolved as a priority in order to enhance the capability of managing this cultural heritage. In order to rationally protect the cultural heritage of railways and invigorate plans to protect the cultural heritage of railways, it is necessary to garner administrative and financial support, and enact the appropriate legislation. The heritage of railroad cars is priceless and has a social value in terms of regional icons, historic marks, and the record of life. It is considered that in this situation, the standard of amending both policy and the Cultural Properties Protection Law for the heritage of railroad cars should be urgently established.

A Study on the Improvement of Airspace Legislation in Korea (우리나라 공역 법제의 개선방안)

  • Kim, Jong-Dae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.61-114
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    • 2018
  • Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

A Proposal on the Improvement of Obstacle Limitation Surface and Aeronautical Study Method (장애물 제한표면과 항공학적 검토방법의 제도 개선에 관한 제언)

  • Kim, Hui-Yang;Jeon, Jong-Jin;Yu, Gwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.159-201
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    • 2019
  • Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

Combustion Characteristics of Cow Manure Pellet as a Solid Fuel Source (고체연료원으로서의 우분 펠릿 연소특성)

  • Jeong, Kwang-Hwa;Lee, Dong-jun;Lee, Dong-Hyun;Lee, Sung-Hyoun
    • Journal of the Korea Organic Resources Recycling Association
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    • v.27 no.2
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    • pp.31-40
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    • 2019
  • In Korea, 51,013 thousand tons of livestock manure was generated in 2018. A total of 46,530 thousand tons, which is 91.2% of the total amount of livestock manure generated, was treated by composting(40,647 thousand tons) or liquid fertilization(5,884 thousand tons) method. At present, the policy of livestock manure treatment in Korea is to make livestock manure into organic fertilizer(compost, liquid fertilizer) and then to applicate it on agricultural land. And this policy is very effective in terms of livestock manure treatment and nutrient recycling. However, considering the steadily declining farmland area for decades, the use of livestock manure compost could be limited in the future. There is also concern that local nutrient overloading, nutrient management regulation, and restrictions on the number of livestock may become serious problem for livestock manure treatment. In addition, there are some opinions that nutrient derived from livestock manure may flow into tributaries of major dams. In recent years, there has been a suspicion that fine dust may be generated from livestock manure compost. In recent years, the use of livestock manure fertilizer has been rapidly increasing, there is a growing demand of the development of new technologies for livestock manure treatment. Especially, cow excretes a larger amount of manure than other livestock, so that the efficiency of development of new technology for cow manure treatment will be high. Therefore, in this study, the combustion characteristics of cow manure pellet were investigated in order to analyzed whether cow manure could be used as source of solid fuel. During the combustion test, the weight loss of the cow manure pellet began to increase when the temperature of the combustion chamber reached $300^{\circ}C$. The ratio of $H_2$, $CH_4$, CO in the pyrolysis gas produced in the pyrolysis process of cow manure pellet were 6.65~11.62%, 0.58~1.54 and 11.47~14.07%, respectively.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

Evolution of Aviation Safety Regulations to cope with the concept of data-driven rulemaking - Safety Management System & Fatigue Risk Management System

  • Lee, Gun-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.345-366
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    • 2018
  • Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

A Study on the Ordering Status of Traditional Landscape Design Service in Cultural Heritage (문화재의 전통조경설계용역 발주실태 연구)

  • Kim, Min-Seon;Kim, Choong-Sik;Lee, Jae-Yong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.39 no.3
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    • pp.33-41
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    • 2021
  • This study identified the scale that traditional landscape design has taken up by analyzing a total of 1037 services for design of cultural heritage that had been ordered by the government agencies from 2018 to 2020, and has drawn characteristics of traditional landscape design focusing on major cases. The results are as follows. First, the number of order cases for traditional landscape design has shown differences annually in the services of design of cultural heritage, but the design amount has been found to have the similar average annually, which confirmed that the same level has been maintained each year. It was found that the number of cases of traditional landscape design requiring responsibilities or participations of landscape engineers for 3 years in the entire design had a high proportion of approximately 26%. Second, the traditional landscape design has required professional knowledge and experiences of landscape engineers that could not be replaced by the business operator for design of cultural heritage consisting of architects. The expertise has been shown differently depending on types of construction. First, the topographical design for the work to build a foundation has required understanding of ground shapes and its elevations and professional knowledge on calculation of the amount of the earth work and the remains maintenance technique etc. The plantation design has required basic knowledge on growth characteristics of trees and the environment for growth and understanding of the vegetation landscape of the past. Meanwhile, the design for traditional pavement and traditional landscape structures and facilities has required the expertise on traditional materials that are different from the modern ones and their processing and construction methods. The understanding of changes to water paths and ecosystem, the principles of fluids, and characteristics of each type of fluid was essential for the design for the ecological landscape work including the maintenance of a water system such as rivers etc. As such, the traditional landscape design has a scale accounting for approximately one fourth of the entire cultural heritage design and requires the expertise differentiated from other fields. This improves the provisions of the current law on limiting the actual design, suggesting the need for the establishment of a traditional landscape design company so that all traditional landscape designs can be carried out by landscape engineers.