• The Korean Journal of Archival Studies
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• no.46
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• pp.153-187
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• 2015

This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

• Korean Journal of Environment and Ecology
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• v.11 no.1
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• pp.18-36
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• 1997

This study was conducted to analyze the text relating to the environmental conservation and ecology among the text of the constitution of Korea and collect the domestic laws(40 statutes, 1 guide, 1 leading case) and the foreign laws(1 constitution, 34 statutes, 2 ordinances, 3 leading cases). To make the text of the collected domestic and foreign laws a comparative analysis of the conceptual principle, plan establishment and project operation, types, policy and allied projects, rights and duties, allowed and restricted acts, environmental impact assessment and administration procedure and system of the environmental conservation and ecology by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with the environmental conservation and ecology from the other department and carry out the advanced environmental works.

• Journal of Korea Port Economic Association
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• v.29 no.2
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• pp.211-238
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• 2013

The Port Logistics Information System (Port-MIS) is the system that processes all of port management such as entry and departure of ships, using facilities within ports, port traffic control, cargo entering and carrying and tax collection in 31 trade ports over the whole country. Lately, The Port Logistics Information System (Port-MIS) has been reformed as a WEB-based system and established basis to provide real time information support structure, diversification of civil complaint system, and optimized civil complaint service by using wire and wireless internet. The typical study on the Port Logistics Information System was C/S program and EDI-centered. But it has significance to study on service quality measurement of WEB Port-MIS that has been served as a new web-based platform since April 2010, for there was no such a study until now.

• Convergence Security Journal
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• v.23 no.1
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• pp.35-43
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• 2023

Since the Personal Information Protection Act was enacted in 2011, it has played a role in safely protecting people's personal information and protecting their rights. Personal information controller must comply with the duty of safeguards for safe personal information management. Even though administrative regulation is an accompanying issue, it is not clear to whom, when and how it applies. According to the imposition of duties, the scope, standards, safety measures, procedures, etc. for the target person should be clearly and specifically specified, but the current legal system is insufficient .In this study, problems and reasonable improvement plans were presented for the classification criteria for applicable subjects, the criteria for the criteria for determining the targets, and the criteria for measures to ensure safety. Through this, we intend to contribute to enhancing the effectiveness of the system by presenting reasonable measures by clarifying and specifying the scope and standards of application.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.4
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• pp.1327-1334
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• 2014

Linear form of public works such as roads, railways and rivers, generally used as long work crossing administrative districts, can be several hundreds km length and narrow. These linear forms use SCM sheets, which do not include the quadrangle shape, to make a public announcement of topographical drawing in order to get the work approval. the Integrated measurement channel investigation and cadastral act that are established in 2009 apply the ITRF for the composition of design and construction books and coordinates of topographical map in order to get the work approval. However according to the article 5 of additional clause, while the cadastre is maintaining local coordinates, if there is a technical error in the content of the Public Announcement of Topographical Drawing that used the SCM, the question of responsibility of land borders and the efficacy or not of the announcement is raised as an administrative measure. After analysing the causes and enforcing coordinate conversion and correction taking into account linear form work's features, the result was reflected in the existing SCM. As a conclusion, the present study proposes the improvement of the procedures of the Public Announcement of Topographical Drawing.

• Journal of the Korea Society of Computer and Information
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• v.28 no.12
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• pp.267-279
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• 2023

The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• Journal of Legislation Research
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• no.44
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• pp.343-386
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• 2013

"Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.6
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• pp.86-97
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• 2011

This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

• Journal of Korean Society of Archives and Records Management
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• v.15 no.3
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• pp.7-28
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• 2015

This study aims to provide enhanced management strategies for information disclosure deliberative committees in the Government 3.0 era. It confirms that there has been no progress on the committees' management since the implementation of the Government 3.0 policies. On the contrary, certain retrogression aspect on the committees have been discussed. The study suggests the four alternative strategies as follows: First, the committees should be held regularly and exercise their authority for referring to discussion. Second, it must be configured that outside committee members are more than internal committee members. Also, there should not be any restriction so that external members can be a chairman. Third, the committee meetings should be in the face-to-face form in principle. The documentary deliberation could only be allowed if issues are repeated and they are similar. For this type of deliberation, the procedure and schedule should be established and complied to. Fourth, for the effective operation of the information disclosure system, department and staffing in charge are required.