• Title/Summary/Keyword: Current Legal System

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Review on Need for Introduction of New Legal Framework of Investigation and Criminal Sanctions for OSH Fatal Accidents

  • Park Doo Yong
    • 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.

A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

A Study of Health Care System Housing and Environment of the Elderly (고령세대의 환경과 헬스 케어 시스템 주택에 관한 연구)

  • Kim, Jeong-Ja;Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.4
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    • pp.925-930
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    • 2012
  • In the current legal system, establishing aging friendly house based on health-care for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic legal systems. The related legal system is divided into two sections - healthcare system house and senior house. It is very limited only th exchange the information with medical teams. Thus, we need to investigate th concept and all the matters of health-care on the basis of cases. From these results, we are aware of the necessity of the improvements of the health-care system, and suggest plans for these problems. That is to organize the legal system, and make a new law through revising the current specific identification.

A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology (정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고)

  • Kim, Hyun-Kyung
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

A Study on the Complement of Stand Agreement System for the BlM Implementation (BlM실행을 위한 표준계약체계 보완에 관한 연구)

  • Kim, Yong-Hee;Choi, Jong-Chon;Kim, Khil-Chae
    • Journal of The Korean Digital Architecture Interior Association
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    • v.9 no.1
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    • pp.83-90
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    • 2009
  • Building Information Modeling (BIM) has the great possibility of transforming the AEC industry. BIM will require increased information exchange and mutual collaboration between all stakeholders. BIM implementation and such increased collaboration can affect legal issues and contract provisions. And some legal issues accompanying BIM Implementation will be raised while a large change also comes in responsibility and role between all stakeholders. However, current standard agreement system is based on fragmented agreement between the architect and the owner, and between the owner and the contractor. Another legal obstacles and considerations associated with BIM implementation will be arose from BlM technology and use of BIM. AEC professionals in Korea have long utilized the standard agreement forms as well and look forward complementation of current standard agreement for BlM implementation. Such complement direction for the standard agreement will be examined by investigating the legal issues and overview comparison between AlA E202 and ConsensusDOCS 301.

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Study on the reorganization of the legal system for an integrated forestry business

  • Park, Chang-Won;Lee, Bo-Hwi;Joung, Da-Wou;Park, Bum-Jin;Lee, Joon-Woo;Kim, Se-Bin;Koo, Seung-Mo
    • Korean Journal of Agricultural Science
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    • v.46 no.4
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    • pp.755-768
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    • 2019
  • The forestry development policies and projects in Korea have been implemented under various related acts. These acts include the Framework Act on the National Land and Framework Act on Forestry enacted by each administration. However, there are some limitations to encourage a variety of mountain villages and forestry development policies due to duplication and overlap between the relevant acts. Nowadays, the fields of local development have evolved and become integrated not only by infrastructures but also in various fields such as multi-functional industries including tourism, green care, cultural welfare, etc. Therefore, the current legal system may not effectively accept and support various mountain village development policies and projects. This study tried to determine the necessity of reorganizing th-e related legal system through a field survey of planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to determine the problems of the current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows: 1) correlation analysis between relevant laws and development projects and 2) field survey to determine the legitimacy and validity for the reorganization of the legal system.

Related Legal System for the Introduction of Healthcare Improvement Focus on the Aged (고령자 중심의 헬스케어 도입을 위한 관련 법제도 개선방안)

  • Choi, Bong-Moon;Cho, Byung-Ho;Park, Hwan-Yong
    • The Journal of the Korea Contents Association
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    • v.13 no.7
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    • pp.203-213
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    • 2013
  • In the current legal system, establishing aging friendly smart home based on healthcare for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic and foreign legal systems. The related legal system is divided into three sections - 'healthcare,' 'aging friendly,' and 'smart home' - providing that telemedicine would be implemented. According to the analysis of the legal system for healthcare, telemedicine is executed by the medical law. Thus, we need to investigate the concept and all the matters of telemedicine on the basis of foreign cases. As the result of the analysis of the legal system for 'Aging Friendly,' the definition of the elderly is ambiguous and we find the improvement of health and medical system. In addition to these, the definite bounds of the healthcare equipment have to be set. From these results, we are aware of the necessity of the improvements of the legal system, and suggest plans for these problems. That is to organize the legal system and make a new law through revising the current specific identification. This study focuses on suggesting the improvements of the legal system with the comparative analysis of the domestic and foreign legal systems.

A Study on the Reform Model of Legal Deposit System in Korea (한국의 납본제도 개선모형에 관한 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.37 no.4
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    • pp.24-52
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    • 2003
  • In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

Investigation of Problem and System by Energy Application in City Level (도시차원에서의 에너지 적용에 따른 문제점 및 체계 검토)

  • Park, Yool;Kim, Sam-Uel;Park, Jin-Young;Lee, Sang-Jin;Yee, Jurng-Jae
    • Journal of the Korean Solar Energy Society
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    • v.29 no.3
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    • pp.51-58
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    • 2009
  • Recently, many social, economical and political problems have occurred in the field of urban energy supply because of the depletion of fossil fuels and the international climate change agreements and the current energy-related laws focus on individual buildings which makes them difficult to implement. Also, the policies for energy savings have increased day by day, but it is difficult to establish efficient urban plan because of lack of integrated policies and institutions. Current legal systems for urban plan does not cover domestic and international climate change agreements, energy related industry's structural changes and other environmental problems such as embodied energy and global warming. This paper tries to investigate current conditions of legal system to provide fundamental materials for improving energy conservation in urban plan.