• 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 Korean Society of Disaster and Security
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• v.10 no.1
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• pp.1-10
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• 2017

Recently, increasing cases of ground subsidence in the urban area has become social issue, and related bill has been passed. Ground subsidence occurs through complex combination of various factors, and numerical analysis of this problem is limited thereby. This is why verification of ground subsidence mechanism has been conducted through physical modelling. Previous researches has been focused on modelling ground subsidence caused by utility pipe defects, and there has been insufficient physical modelling study on ground subsidence caused by various reasons such as groundwater flow and excavation activity. Also, most previous physical modelling studies were performed in 1g condition, which cannot take the in-situ stress condition into the evaluation of the ground subsidence mechanism. Therefore, in this study, physical modelling techniques to simulate various conditions is discussed by studying the previous researches on the ground subsidence mechanism through physical modelling. Also, centrifuge modelling test is suggested in this study as the technique to perform more reliable evaluation of ground subsidence mechanism. Lastly, this study suggests to apply the techniques used in the evaluation of ground subsidence mechanism into Ground Stability Assessment.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.30 no.4
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• pp.166-179
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• 2018

This study aims at numerically investigating the water-surface characteristics such as wave height distribution depending on the current direction around the three-dimensional permeable submerged breakwaters in wave-current coexisting field which has not been considered in detail so far. In addition, the characteristics of the velocity field including the average flow velocity, longshore current and turbulent kinetic energy, which act as the main external forces of formation of salient, are also examined. For numerical analysis, olaFlow which is open source code of CFD was used and the numerical tests included different types of target waves, both regular waves and irregular waves. Numerical results indicated that wave height variation with wave following or opposing a current behind the submerged breakwater is closely related to turbulent kinetic energy. Furthermore, it was found that weaker longshore currents are formed under wave-current coexisting field compared to the non-current conditions, and transport flow is attenuated. As a result, it was possible to understand the influence of current existence and direction (following and opposing) on the formation of the salient formed behind the submerged breakwaters.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.3
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• pp.36-43
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• 2021

Because bridges are major national infrastructure, regular safety inspections or diagnoses for bridges have been conducted in accordance with the "Special Act on the Safety and Maintenance of Facilities." Accordingly, the condition and safety assessments of the bridge are conducted to derive the condition and safety rating, respectively. A lower result is determined to be the safety grade of the bridge. In this study, the relationship between the condition rating and safety rating, which are the core of the bridge safety grade, was analyzed by the representative superstructure types of bridges, such as RC slab, PSCI girder, Steel box girder, Rhamen, and Preflex girder, to identify the correlation status and range between each rating. A reasonable improvement direction for establishing existing maintenance policies was suggested by proposing an alternative plan to change the proper implementation cycle of the inspection and diagnosis of bridge superstructure types. As a result of the research, it is necessary to adjust the inspection and diagnosis cycle according to the superstructure type and safety grade. In addition, maintenance policies need to be improved through detailed research on more diverse bridge types in the future.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.39 no.6
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• pp.469-476
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• 2021

The framework plan for the development of an integrated underground space map was established of preventing ground subsidence. The mapping process is expected to be completed to the level of nationwide municipal government standards by end of this year. To facilitate the utilization of the integrated underground space map, paper-based drawings for specialized organizations in underground safety impact assessment have been provided since September 2018, and services for local government officials have been provided in the underground information utilization system since May 2019. However, the map is utilized based on the information at the time of the initial development of the map, without any updates, thereby resulting in a lack of accuracy and latest information. This has led to a decrease in the utilization and reliability of the information. Therefore, in this study, for the underground structures(subway, underground shopping mall, underground passage, underground roadway, underground parking lot, utility tunnel), which are the key components of the integrated underground space map, a standard format for the submission of completed drawings is designed in accordance with Article 42 (2) of the Special Act on Underground Safety Management, which aims at laying the foundation for establishing the updated system of the integrated underground space map. In addition, through the verification of the automatically updated underground structure data based on the standard format, the reliability of the data can be assured. This format is expected to contribute to the improved utilization of the integrated underground space map in the future.

• Journal of Korea Water Resources Association
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• v.56 no.11
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• pp.815-822
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• 2023

Organic pollution is one of the most common forms of water contamination. Under the Water Quality Conservation Act, indicators for measuring organic substances include BOD, COD, and TOC. Analysis of BOD and COD is labor-intensive, and in the case of organic substances where biological decomposition is not feasible or toxic substances are present, the accuracy is often low. Therefore, the Ministry of Environment is shifting towards TOC-centric management. With advancements in sensor technology today, various parameters can be monitored using sensors. In this study, digital monitoring of river TOC using a spectrophotometer called Spectro::lyser V3 was conducted. Initially, experiments were carried out at the Andong River Experiment Center to assess the applicability of the measurement equipment. Subsequently, data collected at the confluence of the Nakdong River was analyzed for the spatial distribution of TOC using the Kriging technique. This research proposes the utilization of sensors for river TOC monitoring and spatial distribution analysis. Real-time monitoring of changes in river TOC concentration can serve as fundamental data for pollution monitoring and response. Sensor-based river monitoring offers advantages in terms of temporal resolution and real-time data acquisition. When various spatial information interpretation methods are applied, it is expected to contribute to diverse studies such as aquatic ecological health, river water source selection, and stratification analysis in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• The Korean Journal of Archival Studies
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• no.15
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• pp.67-93
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• 2007

This article deals with the short history from 1999 to the present time, how the Korean record and archives management world had grown up, and what the development of the branch of records and archives studies resulted in. First of all, it is looked out upon the transition and feature of each initiative bodies of records management, containing the records producing body, records and archives management body, records and archives professional body, and civil society. As a result, this article points out the disequilibrium state of the records producing body and civil society, for all the growth of records and archives management institutions and records and archives professionals. During the time of establishing the law, the Korean records and archives management had been made a rapid progress by some part of the leading group being to Korean Records and Archives Service and the society of professionals. But it is estimated only the malformed development depending on the model of elites, although we could achieve the establishment of Korean Records and Archives Act. The condition of records and archives management of the Participation Government was distinguish from the state of former times, being driven up the renovation of records and archives management. The main power of the renovation was sought our by overcome of the elite model with the development of archival institutions and professionals extending wide range. Particularly professionals to accept the education of graduate school grew up in quantity and quality and then they let the pattern of the collaboration with archival institutions rake root in Korea. As The Road Map on the Renovation of National Records and Archives Management was made, the government put into practice, so the management of records and archives in Korea could take a step of steady and continuous growth. But the development of the records producing bodies and civil society is staying at the low level as yet. Accordingly it is expected to have the most important means that the professional instruction become to normalize and archivists who posted in public agencies after graduating professional education program discharge their duties. And each public agencies have to speed up to set up the institutions for records management including some archivists so that overcome the condition of underdevelopment as fast as possible.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.135-161
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• 2014

An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

• The Korean Journal of Archival Studies
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• no.35
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• pp.41-91
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• 2013

There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.