• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.149-179
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• 2010

In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.

• Korean Institute of Interior Design Journal
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• v.19 no.3
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• pp.95-102
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• 2010

Recently, a grow in size and features of Interior construction work over the complex and The Fire-related regulations have been strengthened for the prevention of fire damage. This study is purpose to propose interior design, construction and supervision for the efficient and reasonable way throughout the fire-related laws are investigated in interior architecture. First, the interior of the building work will be based on actual use Fire-related Laws and Regulations have be investigated. Second, based on analysis of material and facilities by Application can be used in production by the data were applied to the present. Third, the international Fire and Flame Retardant Standards for investigating and reviewing the relevant laws, differences and characteristics of each country were analyzed. Fourth, the various fire-related issues of regulation and the application of relevant provisions in the field works, the law's standards, and improvements were identified by analysis. Fire-Related Laws and Building codes that Safety Administration of the Fire Services are divided into design, it comes to approval from the municipal authorities with concerns about the fire that will fit on the Fire Department's administrative procedures and operations is necessary to integrate operations. In conclusion, Fire-related business are divided into Minister of Land, Transport and Maritime Affairs and Ministry of Public Administration and Security. So, Both institutions is need to be the cooperative work. It is necessary to the field supervision. Because, Flame-resistant performance standards in the field works applied are too complex. Last, Establishment of fire-related regulations will enact by private organizations and the experts to participate.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.5D
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• pp.463-472
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• 2012

Exemplary contracts of construction management (CM) including highway projects have been carried out in the civil engineering area over the past ten years. However, practical and administrative challenges as transitional circumstances have been revealed in the different participants of supervision, inspection and construction management. Thus, it is important to internally overcome problems and negative perception encountered in civil engineering, and to promote the efficiencies in construction cost and quality. In addition, external efforts should be put to market opening, globalization, and technology development for competitiveness and high value industry. While it is critical to establish the concrete CM system by collaborating with various participants, proven architecture and system have not been provided because of incorrect measurement of CM accomplishment, overlap of responsibility between CM and supervision, and slow deployment in construction field. This paper analyzed the current CM practices and business environments, and presented the possible solutions for strategy improvement of CM in the owner's view point.

• Journal of Korean Library and Information Science Society
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• v.41 no.3
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• pp.225-248
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• 2010

The purpose of this article is to propose the functions of the School Library Support Center of the Ulsan Metropolitan City. The findings are based on the 2009 and 2010 statistics of the school libraries in the Ulsan Metropolitan City, and a questionnaire survey that was conducted for teacher librarians and the class teachers who manage their school libraries without a Library Science degree. The proposed tasks of the School Library Support Center fall into two categories: administrative and practical. Administrative tasks include assigning teacher librarians to schools, expanding library resources, and establishing an integrated supervision system for both school libraries and student reading programs. Practical tasks include developing educational programs, informing library program providers to school, and public relations programs about the Center's services.

• Journal of environmental and Sanitary engineering
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• v.4 no.2 s.7
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• pp.61-90
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• 1989

The purpose of this study was to identify and name clusters of school health program, and to describe some of the characteristics of administrative supports. The literature, materials and public documents were analysed by the chronological events from 1945 to 1989. The result of this study is as follows : 1. A brief summary of the history of school health program was included as an introduction to the analysis of the current programs of school health. Five current school health-program clusters were identified from findings of a study of programs ; 1) Physical assessment, laboratory examination and health services for the students, 2) health insturction 3) healthful living condition(environmental health), 4) health clinic management 5) administrative supports. 2. The earliest school-based efforts focused on communicable disease prevention by the ministry of health and social affairs. Annual medical inspection(health assessment) for school children for eyes, ears, nose, and throat were mandated nation-wide in 1951 by physical Assessment Act. 3. In 1979, the health instruction of schools to improve the health status of students was improved by health department in the Ministry of Education. 4. Experiences in healthful environment were basic components of the school health program. However, without careful planning and supervision these experiences were not contributed to the goal of school health. The formal program of school health environment were initiated in 1979. 5. In 1980, the guidelines of school health clinic management were prepared by Ministry of Education such as guidance of essential degrees and facilities in school health clinic. 6. Two patterns of administration of school health programs existed in Korea. In one the school health department operated its own health program and in the other the physical education department operated the health program within the school system. The school health department was established in Ministry of Education from 1979 to 1982. Improved school health programs will be a key element in the comprehensive national child health policy whic I will ask the Ministry of Education to develop for the Department.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.708-716
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• 2019

After the Sewol ferry disaster, the maritime safety supervisor system was introduced to strengthen maritime safety control for coastal vessels. If any critical defect is found in vessel facilities during periodical or occasional guidance and supervision on a vessel, a maritime safety supervisor takes an administrative measure: detention of the vessel until it has been completely corrected. The detention order is one of the most powerful regulations exercised by a maritime safety supervisor. It would not be an overstatement to say that the guidance and supervision conducted by a maritime safety supervisor is very important for the safety of a vessel and protection of the maritime environment. However, the regulatory level of each Regional Office of Oceans and Fisheries toward vessels may vary with the enforcers, and an individual's intentional act or negligence might occur during the execution process. Detention of a coastal vessel by the Regional Office of Ocean and Fisheries can easily lead to delayed navigation, and a vessel owner may suffer economic loss from suspension of a charter party. Nevertheless, the Maritime Safety Act does not prescribe filing a petition for objection to the measure of detention order by a maritime safety supervisor. To overcome this problem, therefore, the objection procedure under the Maritime Safety Act has to be reformed to reclaim a right against an inappropriate detention order measure caused by an individual's intentional act or negligence through a formal objection.

• Convergence Security Journal
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• v.15 no.1
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• pp.91-104
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• 2015

Korea Privative security regulation was enacted in 1976 and which was revised 18 times. But most of the revision was made by outer forces but not by for the law itself. Now more than 39 years since the law was enacted and 63 years modern private security method was adopted. In this point of time being requires well equipped private security regulation would be revised to match with much changed society. First, there is a problem with the current ways of education, written examination. Second, security guard supervisor examination subject should be revised, which means overlapped subjects must be eliminated. Third, collective civil petition place has to be arranged.

• Safety and Health at Work
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• v.15 no.1
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• pp.118-122
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• 2024

To understand biosafety's current situation in laboratory animal research and risk factors affecting occupational health. Compliance surveys were conducted by questionnaire via Questionnaire Star (an application app on the Internet) in Chinese. Thirty-nine anonymous questionnaires were collected. The surveyed institution has established 24 types of ABSL (Animal Biosafety Laboratory) and biosafety management organizations and systems equipped with safety equipment. Our study also suggests that the principal of the laboratory establishment fails to perform supervision and inspection responsibilities, the inappropriate design of the animal biosafety laboratory, non-standardized personnel training and health management, non-strict waste management, and insufficient emergency management. The administrative department and work units should address certain safety and occupational health risks in laboratory animal research. The author proposes control strategies based on organizational guarantee, personnel management, emergency management, etc., to help prevent risks and ensure occupational health. Due to regional limitations and small sample size, the results may not be generalisable to all parts of the world. However, some of the key common issuesmay also be present in other regions, sowe believe that this research still has some relevance.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.