• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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• pp.52-66
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• 2021

In the aviation, airmans play a key role in aviation safety and perform tasks within a given range based on professional knowledge. If they fail to properly fulfill their obligations under the Aviation Safety Act, the Ministry of Land, Infrastructure and Transport(MOLIT) will dispose of them in accordance with the purpose of the Aviation Safety Act. However, in the case of this disposition, it does not specifically consider the circumstances of the violation, and has a limitation in that the evidence regulations are too limited, and the contents of the disposition are uniform. Therefore, this study attempted to present a plan to improve the disposition in order to improve the problem of administrative disposition for airman. To this end, we conducted a comparative analysis of the disposition of airmans through overseas cases, and Specifically, the three-stage disposition model and effectiveness were conducted in the direction of specific judgment on violations and predictability of disposition. We would like to propose a safety improvement order to increase the level of safety and proposed amendments to the law for the method of imposing a fine for negligence.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.97-118
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• 2022

The use of diagnostic radiation in medical institutions is rapidly increasing. Accordingly, the collective effective dose is on the rise every year. Therefore, it is necessary to reduce the radiation exposure of the person undergoing the radiation examination as low as reasonably achievable. And we must establish a legal system to perform the safe management of radiation for diagnosis efficiently. In this way, I went over the problems of the Act and Subordinate Statutes regarding radiation safety management for diagnosis. As a result, the main contents are as follows. First, in the 「Medical Service Act」, there is no basis for the Safety Inspection Institute of Radiation and Radiation Exposure Measuring Institutes. And there are no provisions concerning delegation of administrative disposition. Therefore, it is necessary to secure legal justification by providing the basis for the Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes and the basis for administrative dispositions against these institutions in the 「Medical Service Act」. Second, the 「Rules on the Installation and Operation of Special Medical Equipment 」 should be integrated with the 「Rules on the Safety Management of Radiation Generators for Diagnostics」 to unify administrative procedures such as reporting for radiation special medical equipment for diagnosis. Third, in the case of violating the diagnostic radiation safety management standards in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」, it is necessary to supplement the insufficient sanctions such as administrative disposition. Fourth, regulating diagnostic radiation and therapeutic radiation used in medical institutions with the dual legal system of the 「Medical Act」 and the 「Nuclear Safety Act」 is not efficient in the safety management of diagnostic radiation. Therefore, it is necessary to uniformly regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in the 「Medical Service Act」 system.

• KIPS Transactions on Computer and Communication Systems
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• v.11 no.11
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• pp.395-402
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• 2022

In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

• The Korean Journal of Archival Studies
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• no.58
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• pp.147-190
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• 2018

Currently, the appraisal system for public records is mainly based on the disposition authority named 'Records Management Criteria Table,' which has many limitations in digital environment. Especially, it does not apply to other systems than the 'Business Management System' and does not adequately reflect the complex environment of records creation. The purpose of this study is to suggest ways to improve the 'Records Management Criteria Table,' so that it can be applied to appraisal of records created in a complex work environment. For this purpose, this study investigates a case of 'Factory Establishment and Registration' activity performed by local governments. For this activity, related laws and regulations, business processes and systems for those processes are analyzed and types of records are examined by each business process and system. Based on these analyses, the development procedure and structure of a new 'Records Management Criteria Table' are suggested, so that it can be applicable as disposition authority in the complex environments of records creation.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.3-36
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• 2022

In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

• The Korean Journal of Archival Studies
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• no.58
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• pp.299-332
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• 2018

The purpose of this study is to investigate the current status and causes of misclassification of school records and to suggest the directions to improve the School Records Management Criteria Table(general disposition authority for school records), which will lead to misclassification reducement. This study begins with analysing the records created or received in four schools sampled for one year to investigate the status and causes of misclassifications. A advisory group including four administrative officers and seven records managers was formed and group meeting was held twice to identify the causes of the misclassification and to suggest alternatives. In this study, 33 unit tasks(transactions) with frequent misclassification were identified, and the cause of misclassification was analyzed based on focus group interviews. The main causes of misclassification were categorized into two types. This study concludes with suggesting the improvement of the School Records Management Criteria Table for addressing the causes, including commentary reinforcement and the addition of workflow to complex tasks.

• Journal of Environmental Science International
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• v.25 no.7
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• pp.989-998
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• 2016

In this study, we analyzed the content and compensation factors of 337 cases of national environmental disputes from five recent years (2000~2014). Causes of damage were noise-vibration in 234 cases (69%), sunlight in 48 cases (14%), air pollution in 19 cases (6%), water pollution in 15 cases (4%), odor in 13 cases (4%), and others factors in 8 cases (3%). Sources of damage were construction in 224 cases (66%), structures in 36 cases (11%), vehicle on road in 31 cases (9%), industry in 18 cases (5%), environmental facility in 11 cases (3%), livestock facility in 6 cases (2%), and other sources in 11 cases (3%). From the results of logistic regression analysis, important factors associated with compensation were found to be damage amount, damage distance, zoning districts, source, and administrative disposition.

• Journal of Industrial Technology
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• v.14
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• pp.29-38
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• 1994

Neighborhood living boundary plan is offerd amenity living environment to inhabitants. This plan is contained that district unit division, appropriate living facilities disposition, and that one of the urban elementary plan in city political activities. The theme is on the primary School attendanced area in chun-cheon city, and analysis school attendanced area as an administrative district.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.57-72
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• 2011

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.