• Title/Summary/Keyword: Act on the Punishment

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Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

A Study on Applying 3D Automatic Displacement Measurement System for Safety Monitoring of Building Demolition Works (건축물 해체공사 안전 모니터링을 위한 3차원 자동변위계측 시스템 활용 방안 연구)

  • Park, Han-Bin;Han, Hye-Rim;Kim, Taehoon;Cho, Kyuman;Cho, Chang-Geun;Kim, Hyeong-Ki
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.11a
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    • pp.229-230
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    • 2022
  • According to the national building status, there are a total of 2.89 million buildings that are over 30 years old after completion, and the number is increasing by more than 70,000 to 80,000 buildings every year. As a result, the demand for demolition works is also increasing, and more than 3 to 4 collapse accidents occur steadily every year during demolition work. Major causes of accidents include non-compliance with plans, negligence of on-site supervisors, and failure to secure structural safety. Due to the strengthening of the Severe Disaster Punishment Act, there is growing interest in the demand for secure management of collapse detection during demolition works. Therefore, this study aims to investigate the applicability of real-time safety monitoring systems using a total station capable of 3D automatic displacement measurement in building demolition work for securing structural safety by the load changes during the demolition process.

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A Study on the Development of Precast Concrete Modular and its Application Onsite (프리캐스트 콘크리트 모듈러 개발 및 현장적용에 관한 연구)

  • Bae, Kyu-Woong;Boo, Yoon-Seob;Shin, Sang-Min
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.27-28
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    • 2023
  • Currently, the Off-Site Construction (OSC) construction method, which emphasizes the minimization of field work, is being emphasized at construction sites due to the lack of construction skilled manpower, extreme weather, and the Severe Disaster Punishment Act. In this study, we developed a stacked PC modular, which is a method of stacking PC modules, and solved the lifting problem by reducing the weight of the unit module, which is emerging as the biggest disadvantage of PC modules, to around 20 tons. For the connection between modules, structural safety was secured through repeated history tests of the wall and slab connection. Walls and slabs satisfied all statutory fire resistance times through fire resistance tests, and residential performance was evaluated to be satisfactory through mock-up demonstration. The developed PC modular has been applied to the construction of commercial houses, detached houses, shopping malls, churches, etc., and has design results for many buildings such as dormitories, detached houses with 4 floors or more, and resorts, so it is expected that an atmosphere of revitalization of construction methods will be created.

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A Study on the Way of Securing the Practical Effectiveness of Oil Record Book (기름기록부 실효성 확보에 관한 연구)

  • Choi, Jung-Hwan;Lee, Sang-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.4
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    • pp.389-397
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    • 2014
  • The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

A Study on the Recent Labor-Management Dispute Cases at Medical Institutions (의료기관 노사분규 사례분석연구)

  • Shin, Gang-Wook;Yu, Seung-Hum;Kim, Young-Hoon;Kim, Tae-Woong
    • Korea Journal of Hospital Management
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    • v.14 no.1
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    • pp.123-144
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    • 2009
  • Recently, a long strike by hospital labor union emerged as a serious social issue. During the Worldcup Games in June, 2002, labor strikes broke up at 'C', 'K' and other hospitals, and in 2007, 'Y' hospital suffered much from a strike. Such series of extreme labor disputes have awakened people of importance of a more stable labor-management relationship for the medical institutions responsible for people's health than any other business organization. The purpose of this study was to examine the labor-management disputes at 'Y' hospital in 2007 and 'C' and 'K' hospitals in 2002. The results of this study can be summarized as follows; First, requests of the labor union such as pay raise, reemployment of the irregular workers as regular employees and participation of the labor union in personnel affairs are the long-held or core issues suffered by the medical institutions. Such issues are not independent from each other but complicated with each other surrounding the pay raise. Accordingly, it is not easy to determine the genuine bone of issue for labor-management disputes. Second, the model type of disputes between labor and management at medical institutions may be strike. However, it is conceived that the type of disputes would be subject to change as the essential medical service area system began to be operated since 2008. Third, the common characteristic of the labor strike among the 3 sample hospitals was occupation of the hospital lobby for a sit-in strike to maximize the negative effects of strike. Article 42 (Prohibition of Violence) of Labor Union and Labor Relation Coordination Act prohibits occupation of production or other important business facilities. In addition, since Ministry of Labor interprets that the hospital lobby belongs to the important business facilities enumerated by Article 42 of the above act, occupation of the hospital lobby for a sit-in strike may be too controversial to be admitted as a fair act of labor dispute when its legitimacy should be judged. Fourth, the counter-measures taken by the hospitals against the strike were observance of the principle 'no labor no pay,' closure, legal action, accusation, claim for recovery of damage, provisional seizure, disciplinary punishment, etc., but the principle of 'no labor, no pay' was not applied in a fair manner by 'C' and 'K' hospitals. However, 'Y' hospital applied this principle thoroughly to the strike; the hospital conduced to correction of the wrong labor-management relationship by refusing inclusion in the labor collective agreement of a provision about payment of wage during the period of strike or labor union's request to that effect during a strike. In addition, 'Y' hospital took an effective measure to end the strike earlier by notifying the labor union of cancellation of the collective agreement and banning the unionists from entering the hospital.

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A Study about the efficient Control against the sexual violence in medical area (의사의 성범죄에 대한 최근 의료법 개정법률안 검토)

  • Jeong, Baekeun
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.207-229
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    • 2019
  • It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

Cable TV Violence: A Context Analysis (케이블TV에 나타난 폭력성 연구: 폭력의 맥락화를 중심으로)

  • Ha, Sung-Tae;Kim, Chang-Sook;Ryu, Sung-Hoon
    • Korean journal of communication and information
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    • v.41
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    • pp.200-231
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    • 2008
  • This study content-analyzed Korean cable television programs aired from Feb. 6 to Feb. 19, 2007, focusing on the contextual variables linked to violent acts. A total of 657 PAT's (perpetrator-action-target) in the 68 programs sampled were analyzed for characters' age, sex, type, relationship, and motivation, humorization, punishment for their violent acts, and finally reality of violence. According to the results, (1) most violence occurred among male characters, who were at their ages between 20 and 39; (2) more than half of the total violent acts happened among acquaintances including family members; (3) anger, retaliation, personal or group interest, and violence for fun were ranked at the top tiers of the motivation list; (4) most violences were overlooked without punishment; (5) and about 80% of the whole violence were realistic. In terms of program types, (1) female perpetrator and victims appealed more often in drama than the other genres; (2) violence among acquaintances and simple fun as motivation were prevalent most in entertainment programs; (3) every violent act in children's programs was done by unrealistic characters. According to the analysis by program ratings, (1) while least violence appeared in '19 and older', all of the violent acts were portrayed as realistic; (2) humorization were most prevalent in the 'everyone' rating; (3) and female perpetrators and victims appealed most in the programs rated as '15 and older'. Generally, various contextualized violences displayed different distributions according to program types and ratings. The qualitative features of the current findings about cable television violence provide a fundamental data for future studies, which will explore the subsequent effects of violent media contents.

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A Study on the Improvement of Regulations on Economic Counterintelligence (경제방첩 법제의 개선에 관한 소고)

  • Kim, Ho
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.3
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    • pp.323-329
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    • 2022
  • Although the National Intelligence Service Act has been amended considering the growing importance of economic counterintelligence, a clear interpretation of certain provisions and improvement of the effectiveness of economic counterintelligence are required. This article presents some suggestions for regulations on economic counterintelligence. Firstly, the meaning of the term "disturbance of economic order in connection with foreign powers" will become clear by interpreting it with the terms of the Counterintelligence Duty Regulation and by setting categories referring to the U. S. regulations. Secondly, counterintelligence authorities' request for cooperation may be reinforced by amending relevant regulations or by applying a special procedure for the acquisition of data. Finally, strengthened punishment for activities in connection with foreign powers may improve the efficiency of counterintelligence.

A Study on the Legislative Conception of Terror of the Advanced European Nations (유럽 선진국의 법제적 테러 개념에 관한 고찰)

  • Kwon, Jeong-Hun;Kim, Tae-Hwan
    • Korean Security Journal
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    • no.15
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    • pp.29-50
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    • 2008
  • Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

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A Study on the Effectiveness of Smart Construction Safety Technology for Vulnerable Groups in Construction (건설업 취약계층에 대한 스마트 안전기술의 효과에 대한 연구)

  • Jongjin Lee;Taekeun Oh
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.1
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    • pp.477-482
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    • 2024
  • Since the Act on Punishment of Serious Accident has been implemented, the role of construction companies in safety and health and the responsibility of CEO are strengthened. However, serious accidents still occur. Due to population decline and young people's reluctance into the construction industry, the ratio of elderly workers and foreign workers is increasing at construction sites. In this study, a survey was conducted to identify differences in the perception of importance of smart safety technology among vulnerable groups such as foreign workers, elderly workers, and workers with health conditions. Vulnerable workers recognize the importance of smart technology in the fields of foreign language support, risk warning, and body wear monitoring, and the conclusion was drawn that smart technology should be expanded for vulnerable groups in the future.