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A Study on the Justification for Disciplinary by the reason for Whistle-blowing (근로자의 내부고발을 이유로 한 징계의 정당성)

  • Choi, Hong-Ki
    • Journal of Legislation Research
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    • no.44
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    • pp.611-653
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    • 2013
  • An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

Exploring the Agency of a Student Leader in Collaborative Scientific Modeling Classes in an Elementary School (초등학교의 협력적 과학 모델링 수업에서 나타난 리더의 행위주체성 탐색)

  • Uhm, Janghee;Kim, Heui-Baik
    • Journal of The Korean Association For Science Education
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    • v.41 no.4
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    • pp.339-358
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    • 2021
  • This study explores the agency of a student leader, expressed through efforts to distribute power and encourage participation in elementary scientific modeling classes. The study also analyzes the context in which the leader's agency was expressed and the context in which the development of a collective agency was constrained. The participants were 22 fifth-grade students. The leader's agency was analyzed by examining his words and actions. As a result, at the outset of the study, the leader had the most power, performing all the activities as the sole authority in a non-cooperative participation pattern. However, with reflection and help from the researcher, the leader recognized the problem and facilitated the participation of other students. He developed an identity as a teacher and demonstrated the agency. The leader's agentic behaviors can be categorized into three aspects. First, regarding the cognitive aspect, the leader helped other students participate in modeling by sharing his knowledge. Second, regarding the normative aspect, he made rules to give all students an equal voice. Third, regarding the emotional aspect, the leader acknowledged the contribution of the students, increasing their confidence. The leader's agency temporarily helped the group to overcome the student hierarchy, facilitating a cooperative participation pattern. However, the development of a collective agency was constrained. The power of the leader was partially redistributed, and the other students did not position themselves as equal to the leader. To support the leader's agency to develop into a collective agency, it is necessary to redistribute the power of the leader more equally and to change the recognition of students.

A Study on Defense and Attack Model for Cyber Command Control System based Cyber Kill Chain (사이버 킬체인 기반 사이버 지휘통제체계 방어 및 공격 모델 연구)

  • Lee, Jung-Sik;Cho, Sung-Young;Oh, Heang-Rok;Han, Myung-Mook
    • Journal of Internet Computing and Services
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    • v.22 no.1
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    • pp.41-50
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    • 2021
  • Cyber Kill Chain is derived from Kill chain of traditional military terms. Kill chain means "a continuous and cyclical process from detection to destruction of military targets requiring destruction, or dividing it into several distinct actions." The kill chain has evolved the existing operational procedures to effectively deal with time-limited emergency targets that require immediate response due to changes in location and increased risk, such as nuclear weapons and missiles. It began with the military concept of incapacitating the attacker's intended purpose by preventing it from functioning at any one stage of the process of reaching it. Thus the basic concept of the cyber kill chain is that the attack performed by a cyber attacker consists of each stage, and the cyber attacker can achieve the attack goal only when each stage is successfully performed, and from a defense point of view, each stage is detailed. It is believed that if a response procedure is prepared and responded, the chain of attacks is broken, and the attack of the attacker can be neutralized or delayed. Also, from the point of view of an attack, if a specific response procedure is prepared at each stage, the chain of attacks can be successful and the target of the attack can be neutralized. The cyber command and control system is a system that is applied to both defense and attack, and should present defensive countermeasures and offensive countermeasures to neutralize the enemy's kill chain during defense, and each step-by-step procedure to neutralize the enemy when attacking. Therefore, thist paper proposed a cyber kill chain model from the perspective of defense and attack of the cyber command and control system, and also researched and presented the threat classification/analysis/prediction framework of the cyber command and control system from the defense aspect

Is Religion Possible in the Age of Artificial Intelligence? - From the View of Kantian and Blochian Philosophy of Religion - (인공지능시대에도 종교는 가능한가? - 칸트와 블로흐의 종교철학적 관점에서 -)

  • Kim, Jin
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.117-146
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    • 2018
  • This paper discusses, whether religion is possible even in the age of artificial intelligence, and whether humans alone are the subject of religious faith or ultra intelligent machines with human minds can be also subjects of faith. In order for ultra intelligent machines to be subjects of faith in the same conditions as humans, they must be able to have unique characteristics such as emotion, will, and self-consciousness. With the advent of ultra intelligent machines with the same level of cognitive and emotional abilities as human beings, the religious actions of artificial intelligence will be inevitable. The ultra intelligent machines after 'singularity' will go beyond the subject of religious belief and reign as God who can rule humans, nature and the world. This is also the common view of Morabeck, Kurzweil and Harari. Leonhart also reminds us that technological advances should make us used to the fact that we are now 'gods'. But we fear we may face distopia despite the general affluence of the 'Star Trec' economy. For this reason, even if a man says he has learned the religious truth, one can't help but wonder if it is true. Kant and Bloch are thinkers who critically reflected on our religious ideals and highest concept in different world-view premises. Kant's concept of God as 'idea of pure reason' and 'postulate of practical reason', can seem like a 'god of gap' as Jesse Bering said earlier. Kant recognized the need for religious faith only on a strict basis of moral necessity. The subjects of religious faith should always strive to do the moral good, but such efforts themselves were not enough to reach perfection and so postulated immortality of the soul. But if an ultra intelligent machines that has emerged above a singularity is given a new status in an intellectual explosion, it can reach its morality by blocking evil tendencies and by the infinite evolution of super intelligence. So it will no longer need Kant's 'Postulate for continuous progress towards greater goodness', 'Postulate for divine grace' and 'Postulate for infinite expansion of the kingdom of God on earth.' Artificial intelligence robots would not necessarily consider religious performance in the Kant's meaning, and therefore religion will also have to be abolished. Ernst Bloch transforms Kant's postulate to be Persian dualism. Therefore, in Bloch, even though the ultra intelligent machines is a divine being, one must critically ask whether it is a wicked or a good God. Artificial intelligence experts warn that ultra intellectual machine as Pandora's gift will bring disaster to mankind. In the Kant's Matrix, a ultra intelligent machines, which is the completion of morality and God itself, may fall into a bad god in Bloch's Matrix. Therefore, despite the myth of singularity, we still believe that ultra intelligent machines, whether as God leads us to the completion of one of our only religious beliefs, or as bad god to the collapse of mankind through complete denial of existence.

Gender politics and the monster-abject representation method of the posthuman age. - Focused on works by Kim Eon-hee and Han-Kang - (포스트휴먼 시대의 젠더정치와 괴물-비체의 재현방식 - 김언희와 한강의 작품을 중심으로 -)

  • Baik, Ji-yeon
    • Cross-Cultural Studies
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    • v.50
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    • pp.77-101
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    • 2018
  • Even in our modern era, the projection of monsters in the recent literature contains the critical imagination of human existence for the posthuman age. The meaning of the monster-abject, especially as from the perspective of feministic criticism, contains criticism of the violent and oppressive patriarch as observed in the modern times. This article focuses on the gendered imagination of the discussions of the "abject" discussed by Julia Kristeva, and the "monstrous femine" discussed by Barbara Creed. Kim Eon-Hee's poems and Han Kang's novels, which have been examined extensively for analysis, show that the practical strategy of abject that goes beyond hate and sublime, wonder and joy through the imagination and concepts of monsters. The monster-abject strategy of Kim Eon-Hee's poem can be summarized by the narrative method of mirroring and the imagination of the truncated body. Mirroring falsification, which mimics the male speaker, is a method that some feminists strategically utilize in relation to the problem of female aversion in recent years as noted in the literature. In Kim Eon-Hee's poem, "becoming a man" and "imitating a man," through the method of mirroring appear as an image of cutting to dismantle the body. In that way, the narrative strategy of the abject that draws out abominations and bizarre effects which contains a strong critique of the patriarchal dominant ideology. The monster-abject strategy of Han-Kang's novel is embodied through the being of plants and the process of vegetarian-anorexia process. The world of the adject which was oppressed in the Han-Kang's novel, returns to the senses of the body through the symbol of the body. It is noted that the fictional characters who realize the repressed desire through the pathological symptom expressed by the female, go on to body perform active transformation. The sense of a body in a novel is not only a rejection of the world of animalman-civilization, but also a radically questioning of the noted and recognized boundaries between human beings and non-human being entities. The two writer's works show that the imagination of the monster-adject is not limited to rejecting the existing gender categories, but also goes in the direction of exploring the possibilities of various associated gender actions.

A Study on the Current State of the Integrated Human Rights of the Elderly in Rural Areas of South Korea (농촌지역 거주 노인의 통합적 인권보장 실태에 관한 연구)

  • Ahn, Joonhee;Kim, MeeHye;Chung, SoonDool;Kim, SooJin
    • 한국노년학
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    • v.38 no.3
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    • pp.569-592
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    • 2018
  • This study purported to investigate the current state of human rights of older adults residing in rural areas of Korea. The study utilized, as an analytic framework, 4 priority directions (1. "older persons and development", 2. "rural area development", 3. "advancing health and well-being into old age", and 4. "ensuring enabling and supportive environments") with 13 task actions recommended by Madrid International Plan of Action on Ageing (MIPAA). Furthermore, the study examined gender differences in all items included in the analytic framework. Data was collected by the face-to-face survey on 800 subjects aged 65 and over. Statistical analyses were conducted using STATA 13.0 program. The main results were summarized in order of 4 priority directions as follows. First, average working hours per day were 6.2, and men reportedly participated in economic activities and needed job training more than women, while women participated in lifelong education programs more than men. Awareness of fire and disaster prevention facilities was low in both genders. Second, accessibility to the support center for the elderly living alone as well as protective services for the vulnerable elderly was found to be low. IT-based services and networking were used more by men than women, and specifically, IT-based financial transactions and welfare services were least used. Third, medical check-ups and vaccinations were well received, while consistent treatments for chronic illnesses and long-term care services were relatively less given. In addition, accessibility to mental health service centers was considerably low. Fourth, although old house structures and the lack of convenience facilities were found to be circumstantial risk factors for these elders, experiences of receiving housing support services were scarce. The elderly were found to rely more on informal care, and concerns for their care were higher in women than men. Plus, accessibility to elderly abuse services was markedly low. Based on these results, discussed were implications for implementing policies and practical interventions to raise the levels of the human rights for this population.

Tradition and Identity of Korean Mime (한국 마임의 전통성과 정체성 - 기원, 역사, 특징 -)

  • Kim, Ik-Doo
    • (The) Research of the performance art and culture
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    • no.18
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    • pp.5-46
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    • 2009
  • The origin of Korean mime is traceable to sacred actions of prehistoric age. There are materials about mime of this age in the archeological materials of this age, oral literature/myth, and written literature about this age. There were traces of the most original form of mime in primitive ritual of tribal nation age. The mimes of Samkooksidae/Tree Nation Age of Korea were presented to forms of Kamoobekhee(歌舞百戱)/Sanakbekhee(散樂百戱). We can discover traces of mime of this age in Hosunmoo(胡旋舞), Gwangsumoo(廣袖舞), Kweraehee(傀儡戱), Keeak(伎樂), Kummoo(劍舞) Muaemoo(無㝵舞), and so forth. Especially, Keeak in Beckjae was mask mime of Buddhistic contents. We can recognize that secular theatres were more diversified and strengthened than sacred thaetres in Nambukgooksidae/South-north Nation Age. According to these changes, there were many changes in the mime of this age. We can concretely find traditions of mime of this age in Cheryongkamoo(處容歌舞), Hwangchanmoo(黃倡舞), Taemyun(大面), Wuljen(月顚), Sodok(束毒)', Sanyae (狻猊), and so forth. Mimes of Koreasidae/Korea Age take diverse forms of puppet play, mask play, dance play. Established traditional mimes as Cheryongkamoo(處容歌舞) were widely disseminated in society. And dance plays of mime form as Hunsundo(獻仙桃), Pokurak(抛毬樂), Yunhwadae(蓮花臺)' were imported from Song Nation of China. Mime of Chosundidae/Chosun Age were developed with changes of theatre that were divided into Kyusickjeehee[規式之戲] as Kwangdae(廣大), Ser-in(西人), Joojil(注叱), Rongryung(弄鈴), Kendoo(斤頭) and Sohakjihee[笑謔之戱] as Soochuk(水尺) Sengkwangdae(僧廣大). Styles of theatre in this age were specialized into mudangkuk, Pungmoolkut, Inhyunguk/Puppet play, Talnoree/Mask paly, Pansori, Kungjoong Kamuakguk. According to this changes, mime of this age were specialized into diverse aspects. Korean mime were specialized into Kutnorum-formed mime, Inhyungnorum-formed mime, Jabsaeknorum-formed mime, Talnorum-formed mime, Kungjoongmuyong-formed mime, Pansori-formed mime, and so forth.

The post-epic characteristics in Jan Lauwers' theatre -, and - (얀 라우어스(Jan Lauwers) 공연의 탈서사적 특징들 -<이사벨라의 방(Isabella's Room)>, <랍스터 가게(The Lobster Shop)>, <사슴의 집(Deer House)>을 중심으로-)

  • Nam, Jisoo
    • Journal of Korean Theatre Studies Association
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    • no.48
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    • pp.447-484
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    • 2012
  • This study aims to analyze the characteristics of post-epic theatre in the Belgian theatre director Jan Lauwers' trilogy titled in "Happy Face/Sad Face": (2004), (2006) and (2008). I regard that it played a very important junction for him to create his own theatrical style compared to earlier years. From this period, Lauwers has tried to create his original plays in order to concentrate the story of our era and has showed to combine a variety of media such as dance, installation, video, singing etc. In this context, I would like to study his own theatricality from the three perspectives of dramaturgy, directing and acting largely based on Hans-Thies Lehmann's theory of post-epic theatre, who pointed out the significance of Lauwer's theatrical leading role very early. First, from the dramaturgical point of view, we need to pay attention to the theme of translunary death; where the living and the dead coexist on the stage. In fact, death is the theme that Lauwers has been struggling to research for quite long time. In his trilogy, the dead never exits the stage. The dead, who is not a representative tragic character, even meddles the things among or with the living and provide comments to people. As a consequence, it happens to reduce a dramaturgical strong tension, leads depreciation of suspense and produces humanism in a way. This approach helps to create his unique comical theatrical atmosphere even though he deals with the contemporary tragic issues such as war, horror and death. Second, from the directing point of view, it is worth to take a look at the polyphonic strategy in terms to applying various media. Among all the things, the arts of dancing and singing in chorus are actively applied in Lauwer's trilogy. The dance is used in individual and microscopic way, on the other hand, singing shows collective and is a macroscopic quality. The dance is the representing media to show Lauwer's simultaneous microscopic mise-en-scene. While main plot takes place around the center-stage, actors perform a dance around the off-centered stage. Instead of exiting from the stage during the performance, the actors would continue dance -sometimes more like movements- around the off-centered stage. This not only describes the narrative, but also shows how each character is engaged to the main plot or incident, and how they look into it as a character. Its simultaneous microscopic mise-en-scene intends to function such as: showing a variety moments of lives, amplifying some moments or incidents, revealing character's emotion, creating illusionary theatrical atmosphere and so on. Meanwhile, singing simple lyrics and tunes are an example of the media to stimulate the audiences' catharsis. As the simple melody lingers in the audiences' mind, it ends up delivering a theatrical message or theme after the performance. This message would be transferred from the singing in chorus functions as a sort of leitmotive in order to make an impression to the audience. This not only richens their emotion but also creates an illusionary effect. Third, from the acting perspective, I'd like to point out the "detachment" aesthetic which Lehmann has pointed out. The actors never go deep into the drama by consistently doing recognize a theatrical illusion. The audience happens to pay attention to their presence through the actor's deliberate gesture, business, movement, rhythm, language, dance etc. The actors are against forming closed action by speaking in various languages or by revealing deliberately stage directions or acts, and by creating expressive mise-en-scene with multiple media. As a consequent, the stage can be transformed to not a metaphoric but a metonymic place. These actions are the ultimate intention for a direct effect to the audience. So to speak, Lauwers uses the anti-illusionary theatrical method: the scenes of fantastic death, interruption of singing and dance, speaking many kinds of languages, acting in detachment-status and so on. These strategies function to make cracks in spectators' desire who has a desire to construct a linear narrative. I'd like to say that it is the numerous potentiality to let the reality penetrate though and collide the reality with a fiction. By doing so, it induces for spectators to see the reality in the fiction. As Lehmann says, "when theatre presents itself as a sketch and not as a finished painting, the spectators are given the chance to feel their own presence, to reflect on it, and to contribute to the unfinished character themselves". In this sense the spectators can perform an objective criticism on our society and world in Lauwer's theatre because there are a number of gaps and cracks in his theatrical illusion where reality can penetrate. This is also the point that we can find out the artists' responsibility in this era of our being.

A Basic Study on the Evaluation Index of the Crime Prevention through Environmental Design of Wooden Cultural Buildings (목조 건축문화재의 범죄예방환경설계 평가지표에 대한 기초연구)

  • Kim, Choong-sik
    • Korean Journal of Heritage: History & Science
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    • v.48 no.3
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    • pp.4-29
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    • 2015
  • To protect cultural heritages from damage and destruction, evaluating the crime prevention environments is considered extremely important. This study analyzed the crime patterns related to cultural heritages, classified the crime environments by their types, and deduced the elements of the CPTED(Crime Prevention Through Environment Design), aiming to present the indices for evaluating the crime prevention environments. The results of this study can be summarized as follows. First, the crimes related to cultural heritages that must be prevented were identified as the night time trespassing and arson. According to the results of the analysis of external environments based on crime actions, the crime prevention environments of cultural heritages were classified into 10 types. Second, the important evaluation principles of the cultural heritage CPTED were the access control, surveillance reinforcement and the surrounding environment. Third, the access control that cover the internal region, boundary, external region and surroundings were classified into 22 indices. The surveillance reinforcement covers natural, organized and mechanical surveillance with 21 indices. Fourth, the applicability of the CPTED evaluation index was presented according to the types of the cultural crime prevention environments. The results confirmed that the maximum 43 indices were applicable to the seowon(lecture hall), hyanggyo(Confucian school), and gwana(district government office), and the minimum 10 indices, to the ramparts. Finally, the 43 indices were applied to Donam Seowon to validate their applicability. The results confirmed that most of the indices were applicable with the partial supplements. The evaluation index presented in this study is likely to contribute to studies in the cultural heritage CPTED field and to the protection of cultural heritages. Furthermore, this study is considered significant because it unleashed continuous concerns on and developments of CPTED. However, as the field survey to validate the applicability of the indices was limited to only one type, it may require further objective verification such as through an expert's examination of the validity and applicability of the evaluation index. In addition, to accommodate the index in related policies and systems, more precise verifications of the indices by type are considered necessary.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.