• Title/Summary/Keyword: Act on the Punishment

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A Study on Web Campaign Regulations in Korea and Political Interpretations of Election Law Reform (한국의 웹 캠페인 규제와 <선거법> 개정의 정치적 해석)

  • Song, Kyong Jae
    • Informatization Policy
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    • v.22 no.3
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    • pp.47-60
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    • 2015
  • This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.

Analysis of the Impact of Occupational Accidents on the Management Performance of Energy Companies (산업재해가 에너지 기업의 경영성과에 미치는 영향 분석)

  • Sunyoung Park
    • Environmental and Resource Economics Review
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    • v.31 no.4
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    • pp.693-710
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    • 2022
  • Social interest in occupational safety and health is increasing due to ESG management and the implementation of the Serious Accidents Punishment Act. This study examines the current status of occupational accidents, which is the safety level of energy companies, and the impact of occupational accidents on the management performance (sales per capita, operating profit per capita, operating margin per capita) of energy companies over the period of 2015 to 2021 was empirically analyzed. As a result of the analysis, the level of occupational accidents in the 157 energy companies to be analyzed was lower than the occupational injury accident rate in Korea, but the disease rate was high.As a result of analyzing the impact of occupational accidents on management performance, it is estimated that an increase in the occupational accident rate reduces per capita sales, per capita operating profit, and gross margin rate.Through this study, the vulnerability of energy companies to occupational accidents was confirmed, and the direct and indirect costs of occupational accidents quantified the negative impact on management performance.Referring to the results of this study, energy companies should strengthen their efforts to prevent occupational accidents by increasing investment in safety and health to protect the lives of valuable workers and create sustainable business performance.

A Study on the Implement of AI-based Integrated Smart Fire Safety (ISFS) System in Public Facility

  • Myung Sik Lee;Pill Sun Seo
    • International Journal of High-Rise Buildings
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    • v.12 no.3
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    • pp.225-234
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    • 2023
  • Even at this point in the era of digital transformation, we are still facing many problems in the safety sector that cannot prevent the occurrence or spread of human casualties. When you are in an unexpected emergency, it is often difficult to respond only with human physical ability. Human casualties continue to occur at construction sites, manufacturing plants, and multi-use facilities used by many people in everyday life. If you encounter a situation where normal judgment is impossible in the event of an emergency at a life site where there are still many safety blind spots, it is difficult to cope with the existing manual guidance method. New variable guidance technology, which combines artificial intelligence and digital twin, can make it possible to prevent casualties by processing large amounts of data needed to derive appropriate countermeasures in real time beyond identifying what safety accidents occurred in unexpected crisis situations. When a simple control method that divides and monitors several CCTVs is digitally converted and combined with artificial intelligence and 3D digital twin control technology, intelligence augmentation (IA) effect can be achieved that strengthens the safety decision-making ability required in real time. With the enforcement of the Serious Disaster Enterprise Punishment Act, the importance of distributing a smart location guidance system that urgently solves the decision-making delay that occurs in safety accidents at various industrial sites and strengthens the real-time decision-making ability of field workers and managers is highlighted. The smart location guidance system that combines artificial intelligence and digital twin consists of AIoT HW equipment, wireless communication NW equipment, and intelligent SW platform. The intelligent SW platform consists of Builder that supports digital twin modeling, Watch that meets real-time control based on synchronization between real objects and digital twin models, and Simulator that supports the development and verification of various safety management scenarios using intelligent agents. The smart location guidance system provides on-site monitoring using IoT equipment, CCTV-linked intelligent image analysis, intelligent operating procedures that support workflow modeling to immediately reflect the needs of the site, situational location guidance, and digital twin virtual fencing access control technology. This paper examines the limitations of traditional fixed passive guidance methods, analyzes global technology development trends to overcome them, identifies the digital transformation properties required to switch to intelligent variable smart location guidance methods, explains the characteristics and components of AI-based public facility smart fire safety integrated system (ISFS).

Application and Expansion of the Harm Principle to the Restrictions of Liberty in the COVID-19 Public Health Crisis: Focusing on the Revised Bill of the March 2020 「Infectious Disease Control and Prevention Act」 (코로나19 공중보건 위기 상황에서의 자유권 제한에 대한 '해악의 원리'의 적용과 확장 - 2020년 3월 개정 「감염병의 예방 및 관리에 관한 법률」을 중심으로 -)

  • You, Kihoon;Kim, Dokyun;Kim, Ock-Joo
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.105-162
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    • 2020
  • In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

A Review on the Legal rights and obligation from the legal status of registered security guard (청원경찰의 법적 지위에 따른 권한과 의무)

  • Han, seung;Kim, yong geun
    • Korean Security Journal
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    • no.44
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    • pp.251-278
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    • 2015
  • Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

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A Study on Improvement of Safety Management by Port Stevedoring Industry (항만하역업 안전관리 개선방안에 관한 연구)

  • Min-Seop SIM;Jeong-Min Lee;Do-Yean KIM;Yul-Seong Kim
    • Journal of Navigation and Port Research
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    • v.47 no.1
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    • pp.37-48
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    • 2023
  • Recently, the increase of international trade volume is leading to risk exposure and safety accidents in the port terminal industry. In addition, as Serious Disaster Punishment Act came into effect on January, 2021, various guidelines and laws to protect safety and life in port terminals are being enacted. However, despite these efforts, medium-to-large safety accidents in the port terminal industry have occurred. According to the Korea Occupational Safety and Health Agency, from 2016 to 2019, the number of casualties in the port handling industry increased by 4.2%. To build some effective follow-up management of port accidents and preparation of related safety laws/systems, a risk analysis in consideration of causes and damage of accidents should be conducted. Therefore, in this study, major risk factors and preventive measures were derived by conducting risk assessment based on 1,039 cases of port terminal accidents collected by the Korea Occupational Safety and Health Agency for five years. Priorities for preventive measures were then determined through IPA analysis, Borich needs analysis, and The Locus For Focus analysis.

The modality and the symbol of the reform in donghak and the declaration in K. Marx (칼 맑스 선언문과 폐정 개혁문의 모달리떼와 그 상징성)

  • Sun, Mira
    • 기호학연구
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    • no.57
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    • pp.155-176
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    • 2018
  • This article is a study of Karl Marx's manifesto and the reform in donghak for the modality and their symbolism. As a text, Karl Marx and Friedrich Engels' declaration on the Communist Alliance and the reform program of the peasant Donghak were choose. This Declaration and the Reformation are the works of philosophical practice discourse of the 1800s in this article, which unfolds paradigmatically, deriving its common symbolic meaning in the semiotic sense, and evolving ideologically towards a democracy free of property. In the end, these two historical incident which are published in the contemporary breath, constitute an accusation against a nonhuman policy of surveillance and punishment. Twice a day, the space of the church is transformed into a factory, the act of dividing into two categories by capitalist and work and divorcing by accident is embodied as a social ethic. It is against the phenomenon that the structure of which no man exists is no longer institutionalized. The revolutionary movement aimed at breaking the framework of this hunt manifests itself in the two manifestos mentioned above, and Karl Marx completes the culmination of the utopia that must be achieved through the Declaration of the Communist Alliance by placing his being in the position of "eternal refugee". By choosing to die in his freedom developed during Jeon Bong-joon's trial, he also completes the people's spirit of revolution. In the case of simultaneous exploitation in East and West, the form of oppression is the withdrawal of capital from domination and power, and a new alternative to this is the philosophical context that allows the establishment of a new paradigm with "man is the greatest capital".

The Truth about October Buma Uprising and Historical Reflection: Comparative Analysis of the Busan Uprising and Masan Uprising (10월 부마항쟁의 진실과 역사적 성찰: 10·16 부산항쟁과 10·18 마산항쟁의 비교분석)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.2 no.1
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    • pp.5-44
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    • 2018
  • The Buma Uprising, which took place in Busan and Masan from 16 to 20 October 1979, was a challenge against the contradictions of the Yushin Regime. Only after 6 days from the insurrection, the 10 26 Accident transpired, in which the then president Park Chung-hee was assassinated, and the Buma Uprising, which acted as the fuse to the shooting, remained as an 'incomplete uprising'. To commensurate with the subject of the paper 'The Truth about Buma Uprising and Historical Reflection', the purpose of this study is to explore how the uprising began, unfolded, and oppressed by comparing it with Busan Uprising and Masan Uprising. It also focuses to discuss, in detail, the effect of the demonstration by college students and the general public and suppression by the forces of the police and military on President Park and his government. This year, we celebrate the 39th anniversary of Buma Uprising, and with all the issues of discovering the truth, restoration of reputation and more, there are decisions and resolves to make including amendment of the legal system. However, there are certain groups of people who act as they led the uprising and mislead and exploit the facts of the events through illegitimate records and testimony, making it impossible to determine the truth. Discovering the truth will require acquisition of objective materials, testimony of those involved in the event and field research as well as imposition of legal and social punishment on those who distorted the truth about the event.

A Evaluation of Fire Behavior According to Member Thickness of Precast Prestressed Hollow Core Slab of Fire Resistance Section (프리캐스트 프리스트레스트 내화단면 중공슬래브의 부재두께에 따른 화재거동평가 )

  • Yoon-Seob Boo;Kyu-Woong Bae;Sang-Min Shin
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.27 no.1
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    • pp.1-8
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    • 2023
  • At construction sites, interest in the production of precast materials is increasing due to off-site conditions due to changes in construction site conditions due to increased labor costs and the Act on the Punishment of Serious Accidents. In particular, the precast prestressed hollow slab has a hollow shape in the cross section, so structural performance is secured by reducing weight and controlling deflection through stranded wires. With the application of structural standards, the urgency of securing fire resistance performance is emerging. In this study, a fire-resistance cross section was developed by reducing the concrete filling rate in the cross section and improving the upper and lower flange shapes by optimizing the hollow shape in the cross section of the slab to have the same or better structural performance and economic efficiency compared to the existing hollow slab. The PC hollow slab to which this was applied was subjected to a two-hour fire resistance test using the cross-sectional thickness as a variable, and as a result of the test, fire resistance performance (load bearing capacity, heat shielding property, flame retardance property) was secured. Based on the experimental results, it is determined that fire resistance modeling can be established through numerical analysis simulation, and prediction of fire resistance analysis is possible according to the change of the cross-sectional shape in the future.

The Possibility of Application of the US CASA Program in Korea - Focusing on comparison of child protection service between USA and Korea (한국에서의 미국 CASA프로그램 적용 가능성 탐색 - 미국과 한국의 아동보호서비스 비교를 중심으로)

  • Sunghae Park
    • Korean Journal of Culture and Social Issue
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    • v.24 no.3
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    • pp.473-489
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    • 2018
  • Our society has an obligation and responsibility to respect and protect the character of the child. Recently, however, Korean society has been suffering from child abuse and abuse that is pouring out every day. In order to protect these children, the child protection system and the judicial system should be fundamentally child-friendly. The CASA(Court Appointed Special Advocates) volunteer program, which is being held in the United States with such a concern, is a continuing program of court attendance and emotional support services for abused children throughout the United States. In Korea, however, there are many similar programs such as mentoring projects, dream co-supporters project similar to the CASA program in various organizations of the region and the enactment of the Act on the Punishment of Child Abuse increases the involvement of the public system in child abuse. There is also an increased awareness of children's rights and strengthened government intervention through active monitoring to prevent recurrence of child abuse. These changes in the Korean society should be actively reviewed by the US CASA program and settled as a national project in the Korean society so that the system of protecting the safety and rights of the victims of child abuse will be established. It is anticipated to be a way to prevent social problems from occurring in advance.