• Title/Summary/Keyword: Act on the Punishment

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An Analysis of Legal System for Strengthening Actions against Operating Vessels Under the Influence of Alcohol at Sea (해상에서의 선박 음주운항 단속 강화를 위한 법 제도 분석)

  • HAN, Jae-Jin;Jeong, Bong-Hun;Gug, Seung-Gi;Yun, June-Ho
    • Journal of Navigation and Port Research
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    • v.45 no.1
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    • pp.33-41
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    • 2021
  • In the last 5 years, a total of 567 accidents of operating vessels occurred under the influence of alcohol at sea, most of which occurred in fishing boats. Accidents caused by operating vessels under the influence of alcohol at sea are causing human and physical damages. There were 69 accidents caused by operating vessels under the influence of alcohol, leading to five deaths and one missing. The social damage due to operating vessels under the influence of alcohol is also increasing. Under the current law, punishment is given lightly compared to the seriousness of violation. In order to prevent the recurrence of accidents caused by operating vessels under the influence of alcohol, cases in Korea need to be analyzed. Regulations on the crackdown in foreign countries were compared to those in Korea and reviewed. In addition, risks of operating vessels under the influence of alcohol should be provided to ship workers while improving related laws and systems. In addition, efforts should be made to reduce the number of accidents due to operating vessels under the influence of alcohol by strengthening crackdowns on ships at sea so that accidents caused by operating vessels under the influence of alcohol could be prevented in advance in the future.

Development of Methane Gas Leak Detector by Short Infrared Laser (단적외선 레이저를 이용한 메탄가스 누출 검지 장비 개발)

  • Young Sam Baek;Jung Wan Hong
    • Journal of the Korean Institute of Gas
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    • v.28 no.1
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    • pp.53-58
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    • 2024
  • Due to the development of industry and improvement of living standards, the amount of natural gas used in the world is constantly increasing, and related industrial facilities such as power plants, storage facilities, and supply pipelines are constantly increasing. Natural gas is a convenient and clean fuel that does not pollute the environment, but in the event of an accident due to leakage, it can cause human casualties, large-scale property damage, and negative effects on the global warming effect. In addition to the severe penalties under the Severe Disaster Punishment Act, it is necessary to ensure safety. Therefore, by applying the principle of laser-based absorption spectroscopy, we developed a long-range portable methane leakage gas detection system that can detect the concentration of methane leaking from a distance of up to 30 meters and verified its effectiveness.

Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

Traffic Safety Problems and Improvement Measures through Child Traffic Accident Case in Apartment Complex (아동 교통사고 사례분석을 통한 교통안전 문제점과 개선방안 - 아파트 단지 내 교통사고 중심으로 -)

  • Kim, Shin Hye;Yim, Dong-Kyun
    • The Journal of the Korea Contents Association
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    • v.20 no.5
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    • pp.623-634
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    • 2020
  • The purpose of this study is to suggest improvement measures focusing on traffic accidents in apartment complexes that occur to children among life safety accidents. Roads in most apartment complexes are not "roads" under the Road Traffic Act. In addition, there is no mandatory punishment or regulations, so the perception of the danger of traffic accidents in apartment complexes is very low. Recent, traffic in automobiles and motorcycles is increasing in the apartment complex, and traffic accidents are frequently occurring due to low safety awareness for both drivers and pedestrians. Accordingly, this study attempted to identify cases of traffic accidents in children's apartment complexes and to present problems and improvement measures for accidents. Problems of traffic accidents through child traffic accidents The current affairs are meaningful in that they are aware of dangers to children, carers, and drivers, and suggest traffic safety measures in apartment complexes.

A Study on the Importance of Real-Name System for Safety Management through Investigation of Construction Sites (건설현장 실태조사를 통한 안전관리 실명제 중요성에 관한 연구)

  • Yeon Cheol Shin;Sang Hyun Kim;Yu Mi Moon
    • Journal of the Society of Disaster Information
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    • v.18 no.4
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    • pp.817-827
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    • 2022
  • The real-name safety management system is to indicate "safety" after inspection by construction personnel before workers use it for the purpose of preventing safety accidents caused by unsafe conditions in temporary facilities and temporary constructions installed at construction sites. Purpose: By implementing the real-name system for safety management at construction sites, the objective is to respond to the "Severe Accident Punishment Act" and to improve the level of safety management at the same time. Method: In this study, a hierarchical analysis model was produced through previous studies of actual conditions such as types of safety incidents and causality at construction sites. The AHP model was used to calculate integrated weights and rankings with a pairwise comparison questionnaire for experts. Conclusion: As a result of the analysis of the upper classes, construction machinery was evaluated the highest, and real-name management system was evaluated the lowest. As a result of the lower-level analysis, it was considered that opening doors for safety facility management, tower cranes for construction equipment, management under the "Occupational Safety and Health Act" under the real-name management system, and CEO duties for safety management organizations were the most important.

A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

Effects of Videos about Good and Evil on Moral Judgments Regarding Self and Others (인간의 선악을 보여주는 영상은 자신과 타인에 대한 도덕적 판단에 어떤 영향을 미치는가?)

  • Kim, ShinWoo;Lee, WonSeob;Li, Hyung-Chul O.
    • Science of Emotion and Sensibility
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    • v.22 no.2
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    • pp.29-36
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    • 2019
  • Previous resarch demonstrated that moral judgment is not an outcome of rational reasoning, but an independent variable determined by diverse factors. The effects of disgust on moral harshness, audience effect on moralistic punishment are some examples that support this view. The variability of moral judgment raises a question on what effects video stimuli might have on moral judgments. Although a few studies (Schnall, Roper, & Fessler, 2010) have shown that watching a prosocial video clip promote moral behavior, no research have simultaneously tested the effects of both positive and negative video clips on moral (not bahavior but) judgments. Hence, this research tested the effects of viewing videos about good and evil on moral judgments regarding the self and others. To this end, participants were asked to view a video clip depicting content of either positive or negative human behavior and required to make moral judgments on conduct described in a scenario assuming that the person committing the act was either themselves or another person. The results showed significant effects of both video contents (positive, negative) and the actor (self, others) on moral judgments, but they were qualified by the interaction between the two. In particular, participants who watched evil deed of others made harsher judgments on others' moral transgression. Theses results demonstrate that video contents influence moral judgments, and the effect depends on the actor of the immoral behavior. In general discussion, we interpreted the results based on moral disgust, framing effect, and fundamental attribution error.

A Study on the Suppression and Punishment of International Terrorism (국제(國際)테러리즘의 억제(抑制)와 처벌(處罰)에 관한 연구(硏究) -중국민항기(中國民航機) 공중납치사건(空中拉致事件)을 중심(中心)으로-)

  • Yoh, Yeung-Moo
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.87-123
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    • 1989
  • The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

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A study on the economic performance measurement model of industrial safety design (산업안전디자인의 경제적 성과측정 모델 연구)

  • Jinho, Ahn
    • Journal of Service Research and Studies
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    • v.13 no.1
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    • pp.176-185
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    • 2023
  • This study is a study to develop a model to measure the economic performance when introducing industrial safety design, which is emerging as a necessity for industrial accident prevention measures due to the increase in the industrial site nursing accident rate and the enforcement of the Serious Accident Punishment Act. To this end, studies on the concept of industrial safety management and industrial safety design and economic performance measurement in the field of industrial safety were conducted in terms of theoretical background. Based on the theoretical background, opinions on drafts of related indicators were collected through user opinion surveys, and focus group interviews and Delphi techniques were conducted with experts, and research was conducted to advance the model. In order to secure objectivity, the causal relationship between the introduction of industrial safety design, cost reduction effect, and sales increase effect was tested through regression analysis. After going through these steps, two models of economic performance measurement of industrial safety design were finally developed: a model based on the first-stage disaster loss cost reduction effect and a second-stage sales increase effect. In order to be applied to actual industrial sites, it should be able to be presented as a standard for the degree of service level agreement of industrial safety design beyond a simple checklist.

The Behavioral Attitude of Financial Firms' Employees on the Customer Information Security in Korea (금융회사의 고객정보보호에 대한 내부직원의 태도 연구)

  • Jung, Woo-Jin;Shin, Yu-Hyung;Lee, Sang-Yong Tom
    • Asia pacific journal of information systems
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    • v.22 no.1
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    • pp.53-77
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    • 2012
  • Financial firms, especially large scaled firms such as KB bank, NH bank, Samsung Card, Hana SK Card, Hyundai Capital, Shinhan Card, etc. should be securely dealing with the personal financial information. Indeed, people have tended to believe that those big financial companies are relatively safer in terms of information security than typical small and medium sized firms in other industries. However, the recent incidents of personal information privacy invasion showed that this may not be true. Financial firms have increased the investment of information protection and security, and they are trying to prevent the information privacy invasion accidents by doing all the necessary efforts. This paper studies how effectively a financial firm will be able to avoid personal financial information privacy invasion that may be deliberately caused by internal staffs. Although there are several literatures relating to information security, to our knowledge, this is the first study to focus on the behavior of internal staffs. The big financial firms are doing variety of information security activities to protect personal information. This study is to confirm what types of such activities actually work well. The primary research model of this paper is based on Theory of Planned Behavior (TPB) that describes the rational choice of human behavior. Also, a variety of activities to protect the personal information of financial firms, especially credit card companies with the most customer information, were modeled by the four-step process Security Action Cycle (SAC) that Straub and Welke (1998) claimed. Through this proposed conceptual research model, we study whether information security activities of each step could suppress personal information abuse. Also, by measuring the morality of internal staffs, we checked whether the act of information privacy invasion caused by internal staff is in fact a serious criminal behavior or just a kind of unethical behavior. In addition, we also checked whether there was the cognition difference of the moral level between internal staffs and the customers. Research subjects were customer call center operators in one of the big credit card company. We have used multiple regression analysis. Our results showed that the punishment of the remedy activities, among the firm's information security activities, had the most obvious effects of preventing the information abuse (or privacy invasion) by internal staff. Somewhat effective tools were the prevention activities that limited the physical accessibility of non-authorities to the system of customers' personal information database. Some examples of the prevention activities are to make the procedure of access rights complex and to enhance security instrument. We also found that 'the unnecessary information searches out of work' as the behavior of information abuse occurred frequently by internal staffs. They perceived these behaviors somewhat minor criminal or just unethical action rather than a serious criminal behavior. Also, there existed the big cognition difference of the moral level between internal staffs and the public (customers). Based on the findings of our research, we should expect that this paper help practically to prevent privacy invasion and to protect personal information properly by raising the effectiveness of information security activities of finance firms. Also, we expect that our suggestions can be utilized to effectively improve personnel management and to cope with internal security threats in the overall information security management system.

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