• Title/Summary/Keyword: Act of necessity

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An Analysis on the Problems of the Serious Disaster Punishment Act from the Construction Industry's Perspective and Proposed Improvement Measures (건설업계 관점에서의 중대재해처벌법 시행에 따른 문제점 분석 및 개선방안)

  • Lee, Dae-Hyeong;Lee, Jun-Yong;Son, Chang-Baek
    • Journal of the Korea Institute of Building Construction
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    • v.23 no.2
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    • pp.187-196
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    • 2023
  • The objective of this study was to analyze the awareness, necessity, and challenges of the Serious Disaster Punishment Act within the domestic construction industry, which is subject to the legislation implemented by the government. The research aimed to propose future improvement measures. According to the findings, safety officials consider securing more young and competent domestic skilled workers, as well as improving safety management standards and workers' safety awareness, to be the most crucial factors in preventing and reducing safety accidents. Furthermore, the primary improvement plan for the Serious Disaster Punishment Act involves clarifying ambiguous provisions in the current law. Government policy support is necessary to enhance the effectiveness of the Serious Disaster Punishment Act, and revisions should focus on preventive measures that contribute to the establishment of a safe working environment.

The Bank of Korea Act Enacted as an Apparatus for Modern Central Banking: A Review and Evaluation (근대적 중앙은행제도로서의 제정 한국은행법: 검토 및 평가)

  • Kim, Hong-Bum
    • Economic Analysis
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    • v.26 no.3
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    • pp.71-133
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    • 2020
  • The Bank of Korea began its operation on June 12, 1950, with the Bank of Korea Act established a month or so earlier. Thus was first introduced to Korea modern central banking in the real sense of the word. The Bloomfield Mission, consisting of A. Bloomfield and J. Jensen of the Federal Reserve Bank of New York, spent about six months drafting a bill, which finally became the Bank of Korea Act. Little has been known yet about the process leading to the creation of the Mission and the historical context surrounding it, except that F. Tamagna of the Federal Reserve Board made in his capacity of the ECA's representative the offer of technical assistance to the Korean government. This paper attempts to dig deeper into relevant historical records and literature to fill these gaps. As it happened, the confrontation between the US and the USSR was accelerating towards the end of 1940s. The paper's new findings include that the Bloomfield Mission was, together with the ECA Mission to Korea, a product of the then US foreign policy (Cold War policy) and that the former Mission's technical assistance was conceived and provided all along as part of the inflation stabilization program pursued by the latter Mission. The Bloomfield Mission was after all a historical necessity. Next, the paper examines the changes added to the bill during its journey to becoming the Bank of Korea Act enacted in May 1950, presenting a review of the Act. The paper further evaluates the Act in terms of legal persistence, finding that the revised Act currently in force still substantially resembles the Act enacted 70 years ago from now. Finally in order is a brief discussion on those factors which seem to have contributed much to such persistence and thus apparent excellence of the Act enacted.

A Study on the Necessity of Establishing the National Cyber Security Act through a Comparative Legal Analysis (국내 관련 법과 비교 분석을 통한 국가사이버안보법안의 제정 필요성 연구)

  • Kim, Sung-Hyun;Lee, Chang-Moo
    • Korean Security Journal
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    • no.54
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    • pp.9-35
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    • 2018
  • During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

Possibility of Transmission for Works Beyond Library Fence: Review on the Main Contents and Limitations of Article 35-4 of the Copyright Act (도서관의 울타리를 넘어서는 저작물 디지털 서비스의 가능성: 저작권법 제35조의 4의 주요 내용과 한계에 대한 검토)

  • Lee, Hosin;Joung, KyoungHee
    • Journal of the Korean Society for information Management
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    • v.37 no.3
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    • pp.107-131
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    • 2020
  • This study is to examine the possibility of applying the Article 35-4 of the Copyright Act and the relevant regulations of the enforcement decree of the same law to the construction and service of digital library. The background and necessity of the revision were understood by examining the related regulations and discussions in previous studies, including Articles 31 and 50 of the Copyright Act. Then, the detailed contents of the provision were analyzed by referring to the laws, enforcement decrees, and ordinance of the Ministry of Culture, Sports and Tourism. In addition, through comparison with Articles 31 and 50 of the Copyright Act, the characteristics, significance, limitations, and problems of this provisions were analyzed. Based on this, we proposed four ways to increase the effectiveness of this provision.

A Study on the Improvement of Manning Standards of Small Vessel Operator in the Ship officer's Act (선박직원법상 소형선박조종사의 승무기준 개선에 관한 연구)

  • Kim, Dong-Geun;Jeon, Yeong-Woo;Jeong, Ho-Soon
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.85-90
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    • 2006
  • The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation of current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and processes its improvement scheme to secure the safe operation of vessels.

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Research on the Relationship between the Service Discretion Acts of Customer-encountering Employees and Trust Management (호텔 고객 접점 종업원의 서비스 재량 행위와 신뢰 경영간의 관계에 관한 연구)

  • Cho, Nam-Jae;Lee, Sang-Jung
    • Culinary science and hospitality research
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    • v.12 no.3 s.30
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    • pp.201-218
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    • 2006
  • This research has attempted to asses the relationship between trust management, the element of service discretion act, and the quality of the service. The research model and assumption have been set up based on such a theoretical research and the demonstrative analysis of the customer-encountering employees of five-star hotels in Seoul. The results of the study are as follows; First, the rationalization of management can be achieved by improving the service through having a command of trust management as a management strategy. Second, there has been significant differences between variables such as the degree of importance and accomplishment of trust management. And it tells us that it is necessary to improve the range of service discretion acts up to the level where the difference between importance and accomplishment is not in existence. Third, the variable changes according to demographic characteristics show us the necessity of providing individualized education by recognizing the differences among groups. Fourth, the trust management has a considerable effect on the quality of the service, and this indicates that the quality of the service can be improved through expanding the range of service discretion acts of customer-encountering employees.

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Analysis of Cosmic Radiation Exposure for Domestic Flight Crews in Korea

  • Ahn, Hee-Bok;Hwang, Junga;Kwak, Jaeyoung;Kim, Kyuwang
    • Journal of Astronomy and Space Sciences
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    • v.39 no.2
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    • pp.51-57
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    • 2022
  • Cosmic radiation exposure of the flight crews in Korea has been managed by Radiation Safety Management around Living Life Act under Nuclear Safety and Security Commission. However, the domestic flight crews are excluded from the Act because of relatively low route dose exposure compared to that of international flight crews. But we found that the accumulated total annual dose of domestic flight crews is far from negligible because of relatively long total flight time and too many flights. In this study, to suggest the necessity of management of domestic flight crews' radiation exposure, we statistically analyzed domestic flight crew's accumulative annual dose by using cosmic radiation estimation models of the Civil Aviation Research Institute (CARI)-6M, Nowcast of Atmospheric Ionizing Radiation for Aviation Safety (NAIRAS), and Korean Radiation Exposure Assessment Model (KREAM) and compared with in-situ measurements of Liulin-6K LET spectrometer. As a result, the average exposure dose of domestic flight crews was found to be 0.5-0.8 mSv. We also expect that our result might provide the basis to include the domestic flight crews as radiation workers, not just international flight attendants.

A Study on the Organization of ITS Relations Act for Smart ITS Construction (스마트한 지능형 교통체계 구축을 위한 ITS 관련법령 정비에 관한 연구)

  • Jung, Sang-Ho;Kim, Sun-Hyung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.16 no.6
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    • pp.1133-1140
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    • 2012
  • In Korea, it is constructing the Intelligent Transportation System(ITS) in according with the ITS project implementation guideline and each ITS standard on the basis of "National Integrated Transportation System Efficiency Act". However, only a few ITS project implementation guideline and ITS standard for the exchange of information technologies are not able to construct a smart ITS, without technical regulation for the technical characteristics of the main ITS equipment. Therefore, in this paper, we identify the current status and problems of the legal system and look for the necessity of technical regulation enactment for the smart ITS construction.

A Study on Legislative Approaches for Introducing Coordinated Vulnerability Disclosure(CVD): Focusing on the Information and Communications Network Act (보안취약점 협력대응제도(CVD) 도입을 위한 법제화 방안 연구: 정보통신망법 중심으로)

  • Taeseung Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.34 no.4
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    • pp.781-799
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    • 2024
  • Recently, the US and EU have been institutionally introducing and promoting Coordinated Vulnerability Disclosure(CVD) to strengthen the response to security vulnerabilities in ICT products and services, based on collaboration with white-hat hackers. In response to these changes in cybersecurity, we propose a three-step approach to introduce CVD through the Information and Communications Network Act(ICNA). In the first step, to comprehend the necessity and requirements for legislating CVD, we survey the current situation in Korea and the trends of CVD in the US, EU, and OECD. In the second step, we analyze the necessity for legislating CVD and derive the requirements for its legislation. In this paper, we analyze the necessity for legislating CVD from three perspectives: the need for introducing CVD, the need for institutionalization based on law, and the suitability of the ICNA as the legislation. The derived requirements for CVD legislation include the establishment and publication of Vulnerability Disclosure Policy(VDP), legal protection for white-hat hackers, and designation and role assignments of coordinator. In the third step, we introduce approaches to apply the requirements for CVD legislation to the ICNA, which is the law governing prevention and response to cybersecurity incidents in private sector.