• 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.

• Journal of Navigation and Port Research
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• v.43 no.3
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• pp.153-159
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• 2019

Marine accidents and legal violations result from mistakes and negligences of ship officers, deck officers and engine officers, during the ship navigation and lay days. Due to these accidents and violations, these officers are subjected to disciplinary actions for certification. The disciplinary action, namely certificate punishment is carried out by right rules, processes and equity. However, it is revealed that present situations are different from the principles. For the purpose of finding current states relating to certificate punishment, this study examines and analyses 737 punishment cases, accomplished in 'B' regional office of oceans & fisheries for 5 years from 2014 to 2018. The contents to be analyzed are reprimand agencies, certificate kinds, officers ranks at that time, disciplinary level, violated acts, annual reprimand state, punishment rule and it process, and disciplinary reduction levels. From such valuations various problems, such as disciplinary level deviations among laws, insufficient punishments rules, disciplinary certificate deviation, insufficient reprimand reduction rules, and lack function of crew administrative disciplinary council, are identified. Finally, methods to alleviate the problems identified will be proposed. This study, for the first time analyses the actual administrative disciplinary cases for ship officers'certificates and proposes improvement plans for its incorporation in Korea, This analysis will be useful in the examination of the study for the ship officers and making a plan for them.

• Journal of the Korean housing association
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• v.14 no.6
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• pp.33-40
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• 2003

The purpose of this study was to analyze the architect's Administrative Tribunal cases related to housing projects. We collected the 271 decisions of Administrative Tribunal cases from 1985 to 2001 through the Ministry of Legislation data base. As a conclusion of research, most of cases are caused during design process and supervision of construction which are major roles of architects. We can find out that the number of cases of Administrative Tribunal about housing is 10% more than other types of building. And this situation is more serious in supervision building phase. It proves that housing project has more possibility of violation of law than other types. Because it belong to an economic problems. In Korea, clients of housing project tend to take more profits by taking an illegal acts； like enlargement of a building, construction border violation. illegal construction balcony and so on. And architect who roles to be a supervisor is liable to these problems but he has not much authority and economical benefits. Through this research we can analyze this situation and make know what is problem.

• International Journal of Safety
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• v.3 no.1
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• pp.47-52
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• 2004

Current OSH system was analyzed in this paper to explain why high fatal incidents and disasters are continuously repeated for recent years in Korea. It was found that we have Dichotomous Perceptional Misconception of prevention before accident and compensation after accident and there is a significant lack of proper feed­back reward system for OSH performance. It was assumed that no reduction of accident rate and fatality rate have not been achieved recently despite of a great effort and increased resource allocations. Some statistics for proving weak punishment were analyzed. In the current system, the will of administrative agency would have been very limited particularly in the legal aspects. The Industrial Safety and Health Act is not suitable to after-injury punishment for employer and/or corporate since it is based on a framework for enforcement of prevention. Based on these analyses, it was concluded that there was a need to consider a special law for Corporate Accountability for Fatal Accidents. Because it is necessary to consider seriously for introduction of a new legal system for after injury punishment to repair the current system where it was found lack of proper feedback system. Also, there was no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate. it is necessary to consider seriously for introduction of a new legal system for after injury punishment. Also, there is no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate.

• 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 Korean Society of Occupational and Environmental Hygiene
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• v.34 no.2
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• pp.148-155
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• 2024

Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

• Korean Security Journal
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• no.58
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• pp.59-80
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• 2019

Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

• 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.

• Land and Housing Review
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• v.11 no.4
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• pp.51-65
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• 2020

The purpose of this study was to identify the problems related to the amendment and preservation of the lien system and to suggest a feasible and efficient improvement plan. The Analytic Hierarchy Process (AHP) and descriptive statistical analyses were used in this study. The survey subjects were divided into three groups based on their expertise: "Administrative Experts, Practical Experts, and Financial Institution Experts" and compared to find the results. The results show that 1) the procedural aspect was the most important for the large classification, 2) the supplementary disclosure system was the most important for the legislative aspect, and 3) the supplementation of the abuse of the lien report was the most important for the intermediate classification. Furthermore, the study showed that the most important finding was the reinforcement of punishment for the right of false reporting and illegal acts, followed by the registration order system (the creditor alone application), and the registration system (bond, debtor, joint application). The implications and suggestions of this study are as followed. With regard to the current lien system, illegal acts such as false liens and the misuse of multiple reporting were considered as the biggest problems. In terms of the effective improvement plan of the lien system, the misuse of reporting liens and improvement in the procedural aspects of reporting rights should be given top priority. Therefore, the most important course of action is to strengthen the punishment for false liens, improve the disclosure system and make it mandatory to report rights.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.207-229
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• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.