• 의료법학
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• 제11권2호
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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.

• 한국실내디자인학회논문집
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• 제19권3호
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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.

• 대한토목학회논문집
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• 제32권5D호
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• pp.463-472
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• 2012

국내 대다수의 토목 CM을 포함해 특히 도로부문 CM은 근 10여 년 간 다양한 시범 사업을 수행하고 있으나, 현재 건설시장의 안착에 상당한 어려움을 겪고 있으며 감독, 감리, CM이 과도기적으로 운영되는 여건 속에서 다양한 문제점에 노출되어 있다. 이러한 상황 속에서 부실시공 및 안전문제 등으로 대변되어 온 건설 산업에 대한 부정적인 시각을 극복하고 건설 산업 전반에 걸친 비용절감 및 품질향상을 이룩하여야 하는 당면과제는 필수적이다. 이를 위해 각 주체와 효율적으로 융화될 수 있는 CM의 정착은 매우 중요하다고 볼 수 있으며, 현재까지 다양한 분야에서 토목 CM의 정착화 방안에 대한 검증을 추진 중에 있다. 하지만 아직까지 수행성과에 대한 정확한 측정이 이루어지지 않고 있는 실정이며, 발주자를 위해 CM에 대한 객관적인 이해를 돕는 문헌이 매우 부족하다고 판단된다. 본 연구는 이러한 문제를 해결하고 발주처의 관점에서 바라본 CM 제도 활성화를 추진하기 위해 현재 수행되고 있는 다양한 CM의 업무 및 제도분석을 실시하였으며, 이를 통해 빈번하게 발생되는 문제점의 해결방안을 다각도로 제시하였다. 또한 발주처를 대상으로 설문조사를 실시하여 발주처의 관점에서 바라본 CM 제도 활성화 방안을 다양한 측면에서 제시 하였다. 이를 통해 얻어진 연구 결과는 향후 CM의 제도적 정립에 있어 중요한 기여를 할 것으로 판단된다.

• 한국도서관정보학회지
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• 제41권3호
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• pp.225-248
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• 2010

이 연구는 울산광역시교육청으로부터 학교도서관지원센터로 지정된 울산중부도서관이 지원센터로서의 역할, 지원해야 할 업무, 지원 우선순위 등을 파악할 목적으로 수행되었다. 연구방법으로 교육청의 2009년도, 2010년도 학교도서관 통계 데이터를 분석하여 학교도서관 현황을 파악하였고 사서교사 및 학교도서관 담당교사를 대상으로 한 설문조사를 통해 지원 업무의 종류와 중요도를 식별하였다. 지원 업무에는 교육청이 주도해야 할 정책적 지원으로 인력 지원, 장학체계 확립, 도서관 자원 확충, DLS 센터와 학교도서관 지원센터의 통합 운영 등이 있고 공공도서관이 중심이 되어 추진해야 할 업무 지원으로는 다양한 연수 프로그램 개발, 외부강사 정보 풀 운영, 지원 협력체제에 대한 홍보 강화 등이 있다.

• 환경위생공학
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• 제4권2호
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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.

• 해양환경안전학회지
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• 제25권6호
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• pp.708-716
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• 2019

세월호 사고 이후 내항선 분야의 해사안전관리를 강화하기 위하여 해사안전감독관 제도가 도입되었다. 이들은 선박에 대한 정기 및 수시 지도·감독 중 선박의 시설 분야에서 중대한 결함사항이 발견되면 시정이 완료될 때 까지 선박의 항행을 정지하는 행정처분을 하고 있다. 항행정지명령은 내항선박에 대하여 해사안전감독관이 행사하는 강장 강력한 규제행위의 일종이다. 선박의 안전과 해양환경보호를 위한 해사안전감독관에 의한 내항선박의 지도·감독의 중요성은 아무리 강조해도 지나치지 않을 것이다. 그러나 각 지방해양수산청의 선박에 대한 규제의 정도는 이를 집행하는 사람에 따라 다소의 개인차가 있을 수 있으며, 집행과정에서 개인의 고의 또는 과실이 발생할 수가 있다. 지방해양수산청에 의한 선박의 억류는 선박운항 상의 지체를 가져오기 쉽고, 용선계약의 정지에 의하여 선박의 소유자는 많은 경제적 손실을 입을 수 있다. 그럼에도 불구하고 해사안전법에서는 해사안전감독관에 의한 항행정지명령의 행정처분에 대하여 이의신청과 같은 불복절차를 규정하지 않고 있다. 따라서 이러한 문제점을 극복하기 위하여 지도·감독의 근거가 되는 해사안전법 상에 개인의 고의 또는 과실에 의한 부당한 항행정지 행정처분에 대하여 이의신청을 통한 권리의 구제가 가능하도록 제도를 개선해야 한다.

• 융합보안논문지
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• 제15권1호
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• pp.91-104
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• 2015

민간경비가 도입된 지 63년, 경비업법이 제정된 지 39년이 되었으므로 이제 제호를 비롯하여 전체의 내용을 전면 개정하는 노력이 필요하다. 그리고 한편 현재 시행 중인 경비업법의 불합리한 점은 시정되어야 한다. 교육과 관련하여 신임교육의 시기, 신임교육과목의 문제, 직무교육의 문제, 경비업자 부담의 교육문제, 전공대학생의 신임교육이수의 문제 등이 개선되어야 할 것이다. 그리고 경비지도사 제도와 관련하여 시험과목의 문제, 선발방식과 교육의 문제, 교육과목과 시간 배정의 문제, 보수교육의 신설 등이 개정되어야 한다. 경비업법령의 오류, 미비, 불합리한 점도 시정되어야 할 것이다.

• Safety and Health at Work
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• 제15권1호
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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.

• 한국중재학회지:중재연구
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• 제27권4호
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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.

• 항공우주정책ㆍ법학회지
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• 제31권2호
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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.