• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

• Analyses & Alternatives
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• v.3 no.1
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• pp.93-133
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• 2019

Throughout history, there are three clues of dualistic structures for the development of Hong Kong's nativism. First, inward attribution and outward lookingare two paths to the formation of Hong Kong's nativism. In the dualistic framework of "self-others", nativism is formed. The formation path of "outward looking"can be seen everywhere in the construction history of Hong Kong's nativism. It is under the reflection of "two mirrors" with Britain and Chinese mainland that Hong Kong people acquire the concept of "Hong Kong's nativism". Second, there are two aspects of Hong Kong's nativism: economic and cultural aspect and political aspect. With the gradual development of Hong Kong's history, these two aspects come into being and are closely bound up, thus constituting Hong Kong's nativism today. The third clue is the most critical one. The subjectivity of colonization and decolonization are two different forms of Hong Kong people's subjectivity. These three clues run through the whole process of the construction of Hong Kong nativism, and are carried out in three stages of development: "Origin (1960s-1970s): Preliminary Construction of Hong Kong's Nativism", "Development of Hong Kong's Nativism (1980s-1997): Awakening of Political Aspect" and "Formation and Alienation of Hong Kong's Nativism (1997-present): Deformed "decolonization". Along the evolution of Hong Kong's nativism, with the disintegration of colonialism, Hong Kong people have gradually transited from the subjectivity of colonization to the subjectivity of decolonization, but the process of "decolonization" has not been completed up to now.When nativism loses its native complex from the perspective of "inherent in China", and further develops into the "separatism" of anti-constitutional system and anti-national continuity and unity, it will challenge the stability of the relationship between the central government and the Special Administrative Region under the "one country, two systems". At the same time, it will have a greater impact on the political structure and the rule of law system of Hong Kong, and trigger a series of public law problems that need to be solved urgently. In this regard, on the one hand, we should re-clarify the relationship between the central government and the region under the "one country, two systems" in light of the new situation of democratic political development in Hong Kong, and improve Hong Kong's governance mechanism on the basis of the constitution and the basic law; on the other hand, we should actively learn from the German defensive democracy system to systematically interpret, integrate and apply Hong Kong's existing legal resources so as to effectively curb the development of local separatist forces.

• The Journal of KAIRB
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• v.2 no.1
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• pp.6-22
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• 2020

Purpose: Clinical studies require institutional review board (IRB) approval based on the ethical principle and regulations. While the number of clinical studies has been increased and diversified, duplicated IRB review for multi-center studies has become a major issue. Therefore, single IRB system has been suggested in revised Common Rule. This study aimed to identify and assess the current status of single IRB in Korea and the anticipated needs of single IRB from researchers and IRB member or administrators. Methods: We developed 14 questions including perceived advantages and disadvantages of single IRB, and anticipated problems. The online survey collected opinions on single IRB from researchers, IRB members and IRB administrators. We also interviewed five IRB administrators who have an experience of single IRB. Results: A total of 80 responses were analyzed in this study. Although efficiencies were suggested for the advantages of single IRB in terms of reducing burden of duplicated review, respondents also perceived that the different review criteria between single IRB and each IRB would be a major hurdle for adopting single IRB system. Therefore, the standardization of standard of procedures (SOP) and the standardization of IRB submission materials should be preceded. According to the small group experiences of single IRB in Korea, we also observed the similar anticipated problems of single IRB. Conclusion: Single IRB system has many advantages for conducting multi-center trial. However, many specialists still have a lot of concerns about introducing a single IRB system in Korea. Therefore, a gradual, step-by-step process for conducting a single IRB system in Korea will be needed. Many studies for improving currently suggested single IRB system and the improvement of awareness about the essential of single IRB system would be needed.

• Journal of Korean Society for Atmospheric Environment
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• v.28 no.3
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• pp.233-248
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• 2012

The national emission from energy sector accounted for 84.7% of all domestic emissions in 2007. Of the energy-use emissions, the emission from mobile source as one of key categories accounted for 19.4% and further the road transport emission occupied the most dominant portion in the category. The road transport emissions can be estimated on the basis of either the fuel consumed (Tier 1) or the distance travelled by the vehicle types and road types (higher Tiers). The latter approach must be suitable for simultaneously estimating $CO_2$, $CH_4$, and $N_2O$ emissions in local administrative districts. The objective of this study was to estimate 31 municipal GHG emissions from road transportation in Gyeonggi Province, Korea. In 2008, the municipalities were consisted of 2,014 towns expressed as Dong and Ri, the smallest administrative district unit. Since mobile sources are moving across other city and province borders, the emission estimated by fuel sold is in fact impossible to ensure consistency between neighbouring cities and provinces. On the other hand, the emission estimated by distance travelled is also impossible to acquire key activity data such as traffic volume, vehicle type and model, and road type in small towns. To solve the problem, we applied a hierarchical cluster analysis to separate town-by-town road patterns (clusters) based on a priori activity information including traffic volume, population, area, and branch road length obtained from small 151 towns. After identifying 10 road patterns, a rule building expert system was developed by visual basic application (VBA) to assort various unknown road patterns into one of 10 known patterns. The expert system was self-verified with original reference information and then objects in each homogeneous pattern were used to regress traffic volume based on the variables of population, area, and branch road length. The program was then applied to assign all the unknown towns into a known pattern and to automatically estimate traffic volumes by regression equations for each town. Further VKT (vehicle kilometer travelled) for each vehicle type in each town was calculated to be mapped by GIS (geological information system) and road transport emission on the corresponding road section was estimated by multiplying emission factors for each vehicle type. Finally all emissions from local branch roads in Gyeonggi Province could be estimated by summing up emissions from 1,902 towns where road information was registered. As a result of the study, the GHG average emission rate by the branch road transport was 6,101 kilotons of $CO_2$ equivalent per year (kt-$CO_2$ Eq/yr) and the total emissions from both main and branch roads was 24,152 kt-$CO_2$ Eq/yr in Gyeonggi Province. The ratio of branch roads emission to the total was 0.28 in 2008.

• KDI Journal of Economic Policy
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• v.12 no.2
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• pp.135-149
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• 1990

Housing owners in Korea have a variety of tax advantages such as income tax exemption for the imputed rent of owner-occupied housing, exemption from the capital gains tax and deduction of the estate tax for one-house households. These tax reliefs for housing owners not only conflict with the principle of horizontal and vertical equity, but also lead to resource misallocation by distorting the housing market, and thus bring about regressive distribution effects. Particularly in the case of Korea with its imperfect capital market, these measures exacerbate the inter-class inequality of housing ownership as well as inequalities in wealth, by causing the affluent to demand needlessly large housing, while the poor and young experience difficulties in purchasing residential properties. Therefore, the Korean tax system must be altered as follows in order to disadvantage owner-occupiers, especially those owners of luxury housing. These alterations will promote housing-ownership, tax burden equity, efficiency of resource allocation, as well as the desirable distribution of income. First, income tax deductions for the rent payments of tenants are recommended. Ideally, the way of recovering the fiscal equivalence between the owner-occupiers and tenants is to levy an income tax on the former's imputed rents, and if necessary to give them tax credits. This, however, would be very difficult from a practical viewpoint, because the general public may perceive the concept of "imputed rent" as cumbersome. Computing the imputed rent also entails administrative costs, rendering quite reasonable, the continued exemption of imputed rent from taxation with the simultaneous deduction in the income tax for tenants. This would further enhance the administrative efficiency of income tax collection by easing assessment of the landlord's income. Second, a capital gains tax should be levied on the one-house household, except with the postponement of payments in the case that the seller purchases higher priced property. Exemption of the capital gains tax for the one-house household favors those who have more expensive housing, providing an incentive to the rich to hold even larger residences, and to the constructors to build more luxurious housing to meet the demand. So it is not desirable to sustain the current one-house household exemption while merely supplementing it with fastidious measures. Rather, the rule must be abolished completely with the concurrent reform of the deduction system and lowering of the tax rate, measures which the author believes will help optimize the capital gains tax incidence. Finally, discontinuation of the housing exemption for the heir is suggested. Consequent increases in the tax burden of the middle class could be mitigated by a reduction in the rate. This applies to the following specific exemptions as well, namely, for farm lands, meadows, woods, business fields-to foster horizontal equity, while denying speculation on land that leads to a loss in allocative efficiency. Moreover, imperfections in the Korean capital market have disallowed the provision of long term credit for housing seekers. Remedying these problems is essential to the promotion of greater housing ownership by the low and middle income classes. It is also certain that a government subsidy be focused on the poorest of the poor who cannot afford even to think of owning a housing.

• Korean Journal of Heritage: History & Science
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• v.48 no.1
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• pp.24-43
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• 2015

This study constitutes an inquiry into the decline of Government Office(官衙) facilities carried out intensively during modern era, focusing on provincial government offices of Jeollabuk-do. There have been several studies of changes in provincial government offices till now, but there have been few studies of government offices of the counties and prefectures(郡縣) during the period of the Japanese Resident-General of Korea and after the National Liberation, temporally and there have still been lacking studies on Jeollabuk-do, spatially. Thus, this study attempts to empirically prove the reasons and the time of the decline of provincial government offices in Jeollabuk-do and the characteristics in the process of decline focusing on modern era. As a result of the study, four factors: demolition, abolition, appropriation and disaster had the most decisive impacts on the decline of government office facilities. Demolition refers to the destruction of government office facilities, and abolition, to the decline and the discontinuation of the operation of the facilities. Appropriation refers to conversion to facilities to meet public functions, and disaster, damage from a typhoon or fire. These factors had already been started from the 1900s, and by the 1930s, most of the government office facilities came to lose their original looks and functions. In the meantime, there was an essential purpose in demolition, the most direct factor in the destruction of the government office facilities in terms of function: that is new construction of public facilities necessary for administration and rule. The existing government office facilities were appropriated, sometimes, but behind that, many cases of demolition of the government office facilities for the new construction of public facilities are found. The appropriation of the government office facilities is divided into educational, administrative, financial and security facilities, and generally, Gaeksa(客舍) and Dongheon(東軒) were used respectively as educational and administrative facilities while their attached facilities were used as financial and public order and security facilities in general. Especially, some government office facilities were utilized as distinctive facilities such as housing or hospital. In the process of appropriation, a lot of modification occurred inside and outside the government office facilities, due to which, the government office facilities gradually declined losing their traditional styles.

• Korean Security Journal
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• no.29
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• pp.163-191
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• 2011

Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

• Korean Security Journal
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• no.1
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• pp.351-370
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• 1997

This study concerns possible measures to prevent separatists' terrorist acts against overseas Korean businessmen. Of late, many Korean enterprises are helping a number of foreign countries develop their economy, by building factories and manning regional offices in those countries. But recent development of terrorism especially against Korean businessmen is alarming. This report discusses the need for Korean enterprises heading overseas to prepare themselves with awareness of terrorism and possible protective measures against it, besides their routine pursuance of profits; and for the government and prospective enterprises to refrain from investing in those countries having active separatist movements. If an investment has become inevitable, a careful survey of the region in conflict should be conducted and self-protective measures should be put in place through security information exchange, emergency coordination and training of personnel, etc. This study will first review the past terrorist incidents involving employees of overseas Korean enterprises, and then will focuss on seeking effective measures on the basis of the reported incidents. In carrying out the study, related literature from both home and abroad have been used along with the preliminary materials reported and known on the Internet from recent incidents. 1. The separatist movements of minority groups Lately, minority separatist groups are increasingly resorting to terrorism to draw international attention with the political aim of gaining extended self rule or independence. 2. The state of terrorism against overseas Korean enterprises and Koreans Korean enterprises are now operating businesses, and having their own personnel stationed, in 85 countries including those in South East Asia and Middle East regions. In Sri Lanka, where a Korean enterprise recently became a target of terrorist bombing, there are 75 business firms from Korea and some 700 Korean employees are stationed as of August 1996. A total of 19 different terrorist incidents have taken place against Koreans abroad since 1990. 3. Terrorism preventive measures Terrorism preventive measures are discussed in two ways: measures by the government and by the enterprises. ${\blacktriangleleft}$ Measures by the government - Possible measures at governmental level can include collection and dissemination of terrorist activity information. Emphasis should be given to the information on North Korean activities in particular. ${\blacktriangleleft}$ Measures by individual enterprises - Organizational security plan must be established by individual enterprises and there should also be an increase of security budget. A reason for reluctant effort toward positive security plan is the perception that the security budget is not immediately linked to an increment of profit gain. Ensuring safety for overseas personnel is a fundamental obligation of an enterprise. Consultation and information exchange on security plan, and an emergency support system at a threat to security must be sought after and implemented. 4. Conclusion Today's terrorism varies widely depending on reasons and causes, and its means has become increasingly informationalized and scientific as well while its method is becoming more clandestine and violent. Terrorist organizations are increasingly aiming at enterprises for acquisition of budgets needed for their activities. Korean enterprises have extended their business realm to foreign countries since 1970, exposing themselves to terrorism. Enterprises and their employees, therefore, should establish their own security measures on the one hand while the government must provide general measures, on the other, for the protection of the life and property of Korean residents abroad from terrorist attacks. In this regard, set-up of a counter terrorist organization that coordinates the efforts of government authorities in various levels in planning and executing counter terrorist measures is desired. Since 1965, when the hostile North Korea began to step up its terrorist activities against South Koreans, there have been 7 different occasions of assassination attempt on South Korean presidents and some 500 cases of various kidnappings and attempted kidnappings. North Korea, nervous over the continued economic growth and social stabilization of South Korea, is now concentrating its efforts in the destruction and deterioration of the national power of South Korea for its earlier realization of reunification by force. The possibility of North Korean terrorism can be divided into external terrorist acts and internal terrorist acts depending on the nationality of the terrorists it uses. The external terrorist acts include those committed directly by North Korean agents in South Korea and abroad and those committed by dissident Koreans, hired Korean residents, or international professionals or independent international terrorists bought or instigated by North Korea. To protect the life and property of Korean enterprises and their employees abroad from the threat of terrorism, the government's administrative support and the organizational efforts of enterprises should necessarily be directed toward the planning of proper security measures and training of employees. Also, proper actions should be taken against possible terrorist acts toward Korean business employees abroad as long as there are ongoing hostilities from minority groups against their governments.

• Korean Journal of Heritage: History & Science
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• v.39
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• pp.165-189
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• 2006

The purpose of this study is to examine process and organization of local government-managed construction by reviewing official documents and materials in regard to the official residences and castles officially constructed in Dongnae in the 19c Chosun Dynasty. Results of this study can be described as follows. 1) The construction of official residences requires exchanges of official documents among upper and lower governmental agencies concerned. Previously prepared for some 1 or 2 months, the construction was proceeded through proceeded from Paok to Gaegi, Ipju, Sangryang, Gaeok and to Iptaek. Such construction was carried out independently and concurrently Gijang and Yangsan neighboring Dongnae provided cooperation by way of supplying labor and timbers. 2) Dongnaebu castle was constructed under local autonomy system, like other government-oriented works, as governor of Dongnae became responsible for defending such establishment in 1739. The castle was built up in 1731 as an establishment with 6 gated and 15 forts. Directly controlled by governor of Dongnae, the castle continued to be partially repaired until the 19th century. Under the regime of Daewongun, the castle was enlarged and extended for military strengthening. Besides the gate having double-gated structure for the outside wall, the other five gates came to have bastions and 30 forts were additionally established, dramatically changing the structure of the castle as whole. 3) Government-managed construction was often implemented by an organization whose members included local government officials, lower administrative agencies and local influential persons. The construction of official residences was implemented by Gamyeokdogam which was headed by Jwasu of Hyangcheong. In the construction, chief of military officials became supervisor, who was responsibly supported by Saekri. The construction of castled were divided into several works, for example, establishments of fortress, tower gate and quarrying stone were implemented by the organization of Paejang, Gamkwan and Saekri. As a military official, Gamkwan supervised the construction. Saekri was in charge of related internal affairs. Paejang was an technical expert leading several workers. The construction of castles in 1870 were organized as a general rule having particularity of social conditions on Dongnae.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.