• International Commerce and Information Review
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• v.19 no.1
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• pp.3-21
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• 2017

As to 'E-Commerce Trade' or 'The Cross Border E-Commerce (CBEC)' which has shown rapid diffusion, Korean government is providing active support on the basis of idea that it has profound impact on increase of export. However, sporadic support propelled by various ministries and agencies are not effective and efficient at all on actual circumstances. Consequently, in order to promote consistency, effectiveness, and efficiency of supporting policy, it is desirable to clarify competent ministry and the duty of cooperation to the other ministries and agencies. For its own sake, it is necessary to amend each existing laws which scattered all over the business territory, or to legislate new enactments. Yet these methods are extremely tough to carry out, therefore, it seems that amending 'Electronic Trade Facilitation Act', which already exist and regulate 'paperless trade' would be a realistic alternative. For the diffusion of Korean CBEC especially export, in this study the author insists that amending this law to promote CBEC is the most reasonable way comparing to other ways with several reference materials.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.257-264
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• 2008

This study is intended to know what is the legal problems to settlement and public announcement of property right for construction of marine architectural building in Korea. Firstly, the situation and the prospect around marine architectural building are examined Secondly, the legal concepts of marine architectural building and the application of related laws are analyzed. Thirdly, the problems related to public announcement of property right of marine architectural building are suggested. Fourthly, some improvement schemes to solve the legal problems in relation with property right of buildings on the water at sea and ocean are proposed. As the conclusion, the marine architectural building can be divided into fixed-type and floating-type in order to find the proper way to handle the public announcement of property right for that sort of building. The fixed-typecan be registered as real estate according to the Building Law through the amendment of the existing related laws. But for the registration of floating-type building a new law should be made. In the near future, improvements on the legal system related with the settlement of property right of marine architectural building should be made, so that private sectors can join construction and operation of the building. Especially a new law for the floating-type marine architectural building should be made as soon as possible.

• Journal of Legislation Research
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• no.41
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• pp.303-335
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• 2011

The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

• Journal of the Korea Institute of Building Construction
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• v.13 no.5
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• pp.506-512
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• 2013

Since the amendment of the law on the private sector investment in social infrastructure in January of 2005, the government has been actively promoting Build-Transfer-Lease (BTL) projects. Notably, most new educational facilities have been built as BTL projects. For these facilities, the unit cost per unit area has been applied to predict construction costs. However, since construction costs are mostly managed after the detailed design phase, the costs can be estimated incorrectly. For this reason, cost management is needed in the planning phase, with a sound approximate estimate to prevent the wasteful use of funds. To address this shortcoming, this study aims to develop a quantity prediction model for education facilities using regression analysis in the planning phase. The developed model is focused on the required quantities of reinforced concrete and bricks. In order to achieve the objective, the data of 44 educational facility projects collected from Gyeonggi-do was used in the regression model. This study can be utilized by major stakeholders to accurately predict construction costs by estimating the appropriate quantities of reinforced concrete and bricks in the planning design phase.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.221-254
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• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.59 no.2
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• pp.172-180
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• 2023

Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

• Journal of Environmental Science International
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• v.18 no.3
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• pp.263-269
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• 2009

The purpose of this study is to propose an appropriate criterium for proper sound insulation service preventing school classrooms from aircraft noise. The guideline of noise level for school facility by Korean school health law is less than Leq 55 which is less stringent than that of other countries. It has been reported that many students are annoyed and disturbed for their works when they are exposed to the noise level over Leq 55. It is desirable to modify this guideline of indoor noise level for school classroom. The noise level of classroom of which windows are opened was measured relatively high in case the school is located at the outside of the official area damaged by aircraft noise. In order to minimize the influence of aircraft noise on the school classrooms in the vicinity of domestic airport, it is necessary to improve the present criteria of WECPNL 75 for the establishment of the area damaged by aircraft noise from WECPNL 70.

• Journal of the Korean Society of Safety
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• v.21 no.6 s.78
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• pp.101-105
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• 2006

Importance of the work-related musculoskeletal disorders(WMSDs) has been increasing in the manufacturing industry such as the domestic shipbuilding industry and car industry. Recently, companies have implemented the risk factor investigation due to the amendment of the industrial safety and health law in 2003. At the same time, some large companies have introduced and implemented an ergonomics program for WMSDs. Yet, until now a study of the effect and management of the ergonomics program has not been conducted. In 2005, we audited an ergonomics program in a domestic shipbuilding company four times for 9-month period. The company implemented an ergonomics program from 2003 to 2005. From the investigation, this paper reveals the effects and problems of the ergonomics program implemented by the company and presents methods for its improvement. The findings described in this paper will help the companies to implement their ergonomics program for WMSDs in the future.

• Journal of the Korean housing association
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• v.26 no.5
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• pp.53-60
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• 2015

This study is aimed at identifying and evaluating the current operating model of elderly group homes in Korea, which were introduced with the amendment to the Welfare of the Aged Act in 2008, based on a survey of 25 managers of such homes. There are several key themes identified in the evaluation of their operation in terms of human resources, service, space and finance. The number of employees at the homes complied with the applicable law, with the majority having more employees than the minimum legal requirement for the care of residents. A wide variety of service programs were offered for residents. Typically located within detached houses purchased on the first floor, the homes varied in size from 73 square meters to 560 square meters, with each having a distinctly residence-like atmosphere. The greatest challenge such homes face was a shortage of financial resources. Many struggled to operate because they have no other source of revenue than payments from residents. Consequently, to help promote elderly group homes, there needs to be state-level support for the view that providing assistance for self-sufficient elders can save social costs in the long run by delaying their transition to a physical state requiring constant nursing.