• Title/Summary/Keyword: Basic Act

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Improvement plan of Anti-Discrimination Against and Remedies for Persons with Disabilities Act for improving Web accessibility for visually impaired (시각장애인의 웹접근성 향상을 위한 장애인차별금지법 개선 방안)

  • Choi, Sun-Koung
    • The Journal of the Korea institute of electronic communication sciences
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    • v.8 no.10
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    • pp.1523-1528
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    • 2013
  • This study examined some implications affected from that right to information access, among them that make up the core Web accessibility stipulated the Disability Discrimination Act that excepted visually impaired masseur, in addition to the professional diversity in present. Through that sought policy suggestions about direction of legislation and revision for improving Web accessibility for achievable professional diversity as a basic mechanism.

Analyzing the Detail Item Characteristics of Safety Management Expenses Based on the Construction Technology Promotion Act (건설기술진흥법에 따른 안전관리비 세부항목의 특성 분석)

  • Lee, Jae-Hyun;Jeong, Jae-Wook
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.11a
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    • pp.277-278
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    • 2023
  • In 2022, construction had a five fold higher accident and fatality rate compared to the overall industry. The Construction Technology Promotion Act requires parties in construction contracts to calculate safety costs following Ministry of Land, Infrastructure and Transport guidelines. Understanding safety expense components is vital for evaluating accident prevention costs and planning anti-accident strategies. A study surveyed safety professionals to analyze the importance and influence of safety management expense components, providing basic data for future research. Survey results highlighted the significance of safety management plans, structural safety assurance, and preventing collateral damage.

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A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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Study on the acceptance in Security Industry Act for the rights provisions of Private Security Guards - Focusing on the comparison of the Petition Police Act - (민간경비원 권리보호 규정의 경비업법 수용제고 방안 - 청원경찰법과의 비교를 중심으로 -)

  • Kim, Kye-Won;Seo, Jin-Seok
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.65-78
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    • 2015
  • This paper aims to draw practical measures for the Protection of the Rights of the private security guards. The results of the analysis, and presents the legal definition if need be introduced for the protection of private security guards right, are as follows. First, it must be established in Private Security Act the basic provisions that assure the economic status of the private security guards. Secondly, there is a need to clearly define the scope of authority of private security guards. Third, there is a need to clarify the scope of physical force or power in the regulations relating to the duty of the private security guards. This provision during the "displayed its power", there is a possibility that is too arbitrary interpretation, it must be deleted. Fourth, it must be established by weighting penalties for assault of a private security guards. Finally, Private Security Act and the Petition Police Act has a difference in personality and the purpose of the enactment. So it is not desirable to be directly applied to private security guards the provisions that apply to the petition police.

A Study on the Direction for Revision of the Assembly and Demonstration Act - 'around the Article 6 and Article 8 of 2016 Revised Assembly and Demonstration Act' - (집회 및 시위에 관한 법률 개정 방향에 관한 연구 - '2016 개정 집시법 제6조·제8조를 중심으로 -)

  • Cho, Se-hee
    • Korean Security Journal
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    • no.49
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    • pp.39-63
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    • 2016
  • After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

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A Theoretical Examination on Appraisal System of Public Records in Korea : Comparative Study on Archival Selection and Concepts of Values (공공기록물의 평가체제에 대한 이론적 검토 -선별 방식 및 가치 범주를 중심으로-)

  • Kim, Myoung-hun
    • The Korean Journal of Archival Studies
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    • no.6
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    • pp.3-40
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    • 2002
  • Appraisal is a basic archival function that analyzes values of records and determines the eventual disposal of records based upon their archival values. In Korea, this appraisal concept introduces in earnest through Public Records and Archives Act(PRA, 공공기관의 기록물관리에관한법률) with which Korean record management systems settle inflexibly. In theoreical and methodological area, therefore, it is necessary to analyze appraisal system in this Act with it in archival science. In PRA Act, appraisal system is founded on the Tables of Transaction for Records Scheduling(TRS, 기록물분류기준표) through which disposal activities of all records are definited in a concrete form. In this system, selection of archival materials which has been recognized as a important function of record center is carried out by record creators and archival institutions; Primary value between semi-currenty and non-currenty are reflected at the same time. In view of values, this appraisal system intends to separate reasonably consideration for continuing utility of achives from current use of records throughout agencies duration. Ultimately, appraisal based upon TRS makes up not separated management course but organic courses reflecting the Continuum of Care. Of course, this appraisal system makes up the deficiency partially. TRS regarded as 'mainboard' of current appraisal system will have to be enacted elaborately. And appraisal strategies of electronic records must set up in detail in PRA Act and TRS. Lastly, arrangement and description concepts immanent in TRS will have to supplement in archival institutions.

On the Homotoneity of Species Composition in the Phytosociologically Synthesized Community Tables (식물사회학적 식생자료의 종조성 균질성에 대하여)

  • Kim, Jong-Won;Eom, Byeong-Cheol
    • Korean Journal of Environment and Ecology
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    • v.31 no.5
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    • pp.433-443
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    • 2017
  • Securing the species compositional integrity (typicalness and representativeness) is the essential prerequisite for an integrated management of vegetation resources using the phytosociological $relev\acute{e}s$ and plant communities of the Z.-M. school. This study is intended to develop a tool for qualitative and quantitative evaluation of species compositional homotoneity of a set of $relev\acute{e}s$ per syntaxon. The new homotoneities, actual homotoneity ($H_{act}$), and optimal homotoneity ($H_{opt}$) taking into account the heterogeneous factors of $relev\acute{e}s$ are proposed. The correlations between the floristic variables such as the vegetation type, the new homotoneities, and the previously studied homogeneous measures (e.g. Pfeiffer's homogeneity, basic homotoneity-coefficient, corrected homotoneity-coefficient, and mean floristic similarity) are analyzed by using Spearman's rank correlation coefficient. $H_{act}$ and $H_{opt}$ are effective in determining the difference of inter-synthesized units and of inter-$relev\acute{e}s$, respectively. $H_{act}$ is the homotoneity that is the most independent of the number of $relev\acute{e}s$. On actual vegetation with long-term human impact in the Korean Peninsula, $H_{opt}$ has become an aid to the more precise understanding of $H_{act}$ as substantive homogeneousness of species composition of syntaxa. It is expected that $H_{act}$ and $H_{opt}$ can be used for the selection of a sort of homogeneous vegetation data to build a phytosociological $relev\acute{e}$-database with consistency and objectiveness for national vegetation resources.

Proposal for Amendment of the Basic Environmental Policy Act ('BEPA') Article 31 (환경정책기본법 제31조 무과실책임규정의 개정방안)

  • Koh, Moon-Hyun
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.125-147
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    • 2009
  • The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

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The System and Content of North Korean Medical Laws (북한 의료법규 체계와 그 내용)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.3-43
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    • 2016
  • The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

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A Study on Multicultural Families Support Act (다문화가족지원 관련 법제 연구)

  • Lee, Doh-Hee
    • The Journal of the Korea Contents Association
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    • v.19 no.7
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    • pp.650-658
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    • 2019
  • This study sought to examine and revise the 'Multicultural Family Support Act' for domestic multicultural families. To this end, we looked at the Multicultural Family Support Act along with the current status and support policies of multicultural families. First, as in Article 1 of the Act, it proposed to reflect Article 3 of the Article 5(basic ideas) to realize the purpose of the law contributing to 'improvement of quality of life' and 'social integration'. Second, the current law stipulates that support and related policies should be implemented every five years, and by conducting planning and due diligence surveys every three years, it suggested the necessity of consensus on the disagreement between the support policy and the planning period. Third, the government proposed a revision to the mandatory regulation (that is, it should be done) under the provisions set by law. Finally, we proposed a plan to designate 'Multicultural Family Day' or to designate it with other family days. As the globalization of the members of each country, which has been rapidly continuing in the 21st century, it is expected that Korea will be able to welcome them and review the act and institutional devices that can be together more than ever.