• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.139-179
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• 2008

This study was carried out to investigate the present conditions and discuss the issues of the Subrogation payment system in emergency medicine. Hitherto preceding study is focusing on controversial of management or efficient control of Subrogation payment system in emergency medicine. The object of this study is legalistic study of the Subrogation payment system in emergency medicine. The Current legalistic issues of subrogation payment system in emergency medicine are the following aspects; Firstly, there are a claimant conformity to the standard limit. Secondly, the review system is not propriety of the promptitude. Thirdly, there is a lack of propriety claim for compensation of a support responsible person. Fourthly, there are objectivity and fairness of administrative appeal system Fifthly, the point where one starts counting of extinctive prescription. Sixthly, the administrative punishment is an illogical system. Lastly, equity and fairness of the Review Agency, as an insurance company and an review Agency are sameness In conclusion, we ought to improvement an unnecessary obstructions of promptitude in the Subrogation payment system in emergency medicine, and ensure a right of emergency medicine without delay.

• Journal of the Korean Society of Industry Convergence
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• v.27 no.2_2
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• pp.363-370
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• 2024

This study is about the organizational justice of fire service agency for organizational commitment and motivation of firefighters. The research data were collected from 355 firefighters nationwide using the On-nara Administrative Work Management System 2.0. The statistical processing method of the research data was analyzed using the statistical program SPSS 28.0. The study results showed that the overall level of firefighters' perception of organizational justice was slightly lower than normal, with an average score of 2.85. Regarding gender, male firefighters were more likely to believe that the organization was injustice than female firefighters. In addition, organizational justice was found to be lower among fire sergeants by rank and first aiders by responsibility.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.12
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• pp.2753-2762
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• 2013

Recently the paradigm of cyber attacks is changing due to the information security technology improvement. The cyber attack that uses the social engineering and targets the end users has been increasing as the organization's systems and networks security controls have been tightened. The 91% of APT(Advanced Persistent Threat) which targets an enterprise or a government agency to get the important data and disable the critical service starts with the spear phishing email. In this paper, we analysed the security threats and characteristics of the spear phishing in detail and explained why the technical solutions are not enough to prevent spear phishing attacks. Therefore, we proposed the administrative prevention methods for the spear phishing attack.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• The Korean Journal of Archival Studies
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• no.8
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• pp.3-56
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• 2003

The purpose of the present study lies in understanding the historical context as well as regulatory and administrative restraints of records and archival management system of Korea, with the case of Korean Government Archives and Records Service(GARS). Insights gained from the historical analysis of GARS are expected to provide strategies to develop and reinvent GARS so that the national agency could be the basis of reforming Korean archival system in the future. The present study firstly reviews historical context of 1960s and 1970s, during which GARS was established, as well as its role and hierarchical standing in Korean administrative system. Second, its organizational system is analyzed, focusing on the extent of its specialization and organizational independence. Third, the study proposes to develop strategies to reinvent GARS through reinforcing the public records and archives management act(1999).

• Journal of Korean Society of Archives and Records Management
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• v.14 no.3
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• pp.83-103
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• 2014

This study analyzed whether the difference in the management and rulings of the information disclosure deliberative committees (IDDCs) is between the central agency and the local agency. This study found that first, the IDDC of the local agency had a more desirable meeting format and committee composition than that of the central agency. However, there were less differences in the IDCC rulings between the two agencies. Second, the IDDCs of the central agency and the local agency were influenced by different factors. Third, the change of the political regime strongly influenced the IDDCs meeting format and rulings in the central government. However, it rarely influenced the IDDCs of the local government. A comparative analysis showed that there were differences in the management and rulings of the IDDCs between the central agency and the local agency. With these findings, the study concluded that the IDDCs of the two agencies need to be approached differently.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.29 no.5
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• pp.497-507
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• 2011

Ubiquitous city which was appeared since 2006 is defined as "The city provided the ubiquitous city service anytime and anywhere using ubiquitous urban infrastructure to improve the city's competitiveness and quality of life" under ubiquitous city construction law. To realize the ubiquitous city, the city has to be constructed efficiently based on the spatial information. And connection of information achieve effective synergy. In this study, applied multilateral analysis to spatial information and administrative information to implement u-service focused on MACCA(Multifunctional Administrative City Construction Agency). Study about main function and product data with connection process of Korean Land Spatialization System and administrative information System was performed. Also, details of u-service and method of acquiring necessary data were derived. In Addition, the information connection possibility for efficient u-service realization was suggested by linkage analysis method to utilize the related information infrastructure jointly.

• Convergence Security Journal
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• v.16 no.6_2
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• pp.89-97
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• 2016

Disclosure of personal information to be carried out in one of the Administrative Publicity, Administrative agency as specific information about the person who has violated the obligation imposed by the law is an unspecified number people know is through the direct or Internet media it is to be disclosed in an unspecified number of people. This is, indirect sanctions so as to fulfill its obligations by the addition of psychological pressure that exposes the personal information of the fact that in breach of his obligations to the breach of duty and it has been an unspecified number of people know it is a means. However, publication of these personal information, infringement of the moral rights of the Constitution guarantees an individual, of course, not only a matter of law that the right to self-determination of the personal information, has continued also doubts for the effectiveness of the system. As a result, in this paper, to discuss legal issues with the disclosure of management personal information and its improvement measures, and expected to be able to take advantage of the efficient development of the future of personal information disclosure system.