• Title/Summary/Keyword: Current Legal System

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A Study on the Integration System between National Land Planning and Environmental Planning Process (국토계획과 환경계획 수립과정의 통합적 연동체계에 대한 연구)

  • Ho-Jung Yoon;Sung-Jin Yeom
    • Journal of Environmental Science International
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    • v.33 no.6
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    • pp.403-415
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    • 2024
  • Since the great acceleration, the emergence of the sustainable development concept amid the conflict between economic growth and the preservation of the natural environment is at a time when an efficient land-environmental plan integration system is needed to achieve a smart balance between development and conservation. Although preceding studies have been conducted domestically and internationally on various aspects, the operating system has not been implemented effectively. In this study, the policy concept of environmental policy integration, the current status of integrated management of land-environmental plans in South Korea, and related literature studies were reviewed to derive overall complementary points. In addition, the review was carried out by reorganizing the domestic urban planning legal-based system and the environmental legal-based system according to the same hierarchy to promote an effective integration system, and in foreign cases, the establishment of spatial and environmental plans in Germany and Japan was typically considered to derive implications for the establishment of an efficient interconnection system for the integrated management of domestic land-environmental plans in the future.

Improvement of Current Legal System for Promoting Scientific Analysis and Utilization of Maritime Data (해사데이터의 과학적 분석 및 활용을 위한 현행 법제도 개선방안)

  • KwangHyun Lim;JongHwa Baek;DeukJae Cho
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.06a
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    • pp.304-305
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    • 2022
  • Recently, as digital communication technology is widely applied to the maritime field, large amounts of maritime data are being accumulated. Accordingly, attempts to create new value by applying data science and Artificial Intelligence(AI) technologies are emerging. Typically, Ministry of Oceans and Fisheries has been providing korean e-Navigation service since 2021 based on LTE-Maritime communication network, as well as R&D for creating value-added service through analyzing huge-sized maritime traffic data is underway. By the way, to do any data-based research, legal system, as a research infra, that researchers can get the data whenever they need is essential. This paper looked at types of data in maritime fields, checked related legal system about scientific analysis and utilization. It is confirmed that there are some legal factors which restrict its scientific analysis and utilization, and suggested ways of improvement to boost R&D using maritime data as a conclusion.

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An Analysis of Operation Structure and Contribution of Civilian Expert Program for Landscape Architects focusing on Local Governments (지방자치단체의 조경분야 민간전문가 제도 운영현황 및 문제점 분석)

  • Park, Jeongeun;Kim, Youngmin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.50 no.1
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    • pp.78-90
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    • 2022
  • This research analyzed the status and problems of civilian expert programs for landscape architects to suggest alternatives to improve the current system. Literature research focused on the issues of the legal definition of civilian experts, the background of the program, and related regulations. Based on the understanding of the legal system, the research analyzed the operation status, structure, roles of the civilian expert program of local governments where landscape architects were delegated as civilian experts. Currently, 50 local governments are running the civilian expert program, and landscape architects are working as civilian experts in 11 institutions. The majority of landscape architects are working as MA or general architects. Only SMG runs an independent general landscape architect program. Based on the literature research and interviews with 16 experts, the research examined four main issues related to the program. First, the legal system issues of the civilian expert programs are related to the regulations assuming architects as experts. Revising the current legal system is a better alternative than promulgating a new law for landscape architects. Second, the compensation issue was a main problem related to operation. Securing a sufficient budget and more effective administration is required to solve the problem. Third, related to the role, the tasks being limited to consultation were regarded as the main problem. Although landscape architects wanted more opportunities to directly participate in the project's design, the fairness of the public project contracting system needed to be considered. Fourth, the competence issue is related to the number of available landscape architects. This issue can be solved by expanding the pool of civilian experts to adjacent disciplines, such as public design or landscape management.

Legal Issues and Improvements surrounding the Arcade Game (아케이드게임을 둘러싼 법적문제와 개선방안)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.16 no.3
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    • pp.415-425
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    • 2016
  • Game industry is certain to change rapidly as its attribute. Therefore, It's not easy that the law response to reflect the technological change of game industry properly, and a new legal issue that is difficult to cover with the existing law. Recently, Court battle or cases about games are socially receiving attention. Nevertheless, Research accumulation about the legal action to response this is rare situation. The legal system that is related games mostly approach in the regulation and punishment of one-sided administration so far. Relatively, Approach from the game industry development and promotion act standpoint is low. Shrinking rapidly the current game industry is not an irrelevance to this. So It is necessary to reconstruct rationally in side that embrace with variety of views of members of the society and interests about current game-related laws, systems and regulation instruments. Access to how will develop competitiveness of the game industry in legal aspects and how will promote the balanced development between game industries are needed. The problems that needs to handle in legal aspect such as game development, game distribution, and game usage which in the part of the game industry are getting more and more in the future. Therefore, there is a need to review consistently in the legal aspect for the game industry promotion.

A Study on Development Proposals for Korea's Export Control System (우리나라 수출통제 법제의 발전방안에 관한 연구)

  • Kang, Ho
    • Korea Trade Review
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    • v.43 no.3
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    • pp.75-100
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    • 2018
  • This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

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A study on the definition and development direction of manual therapy (도수치료의 정의에 대한 고찰 및 발전 방향에 관한 연구)

  • Park, Jong Hang;Park, Hyun Sik;Shin, Young Il;Lee, Ho Jong
    • Journal of Korean Physical Therapy Science
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    • v.29 no.1
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    • pp.1-14
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    • 2022
  • Background: The legal and academic definitions of manual therapy in domestic and foreign countries are reviewed, and problems and improvement plan of manual therapy are established through comparative analysis of the current status and system of manual therapy in Korea and abroad. Design: Review. Methods: In this study, the development direction of manual therapy in Korea was derived by analyzing the definition, application status, and service system of domestic and foreign manual therapy. Results: Firstly, it lays the foundation for a more comprehensive national health promotion by solving problems arising from the current unclear definition of manual therapy. Secondly, the subject of manual therapy is a physiotherapist but the subject of claiming non-benefit costs is a doctor, moreover illegal manual therapy by an unqualified or non-professional who is not a physiotherapist is being carried out in the medical field. Thirdly, in order to provide quality physiotherapy services (manual therapy) under a cooperative relationship between medical staff and physiotherapists, it is appropriate that physiotherapist have a clear "prescription" or "request" by a doctor. Fourth, there is no provision for the preparation of medical records in the current Medical Technicians Act, and this causes safety accidents of patients during manual treatment. Conclusion: As described above, the current manual therapy in Korea is being performed indiscriminately without a clear interpretation, resulting in various problems. I think it is necessary to lay the foundation for institutional and legal re-establishment of manual therapy through additional research on manual therapy in the future.

The Current State and Evaluation of Family Life Welfare Policy and Service Delivery System in Korea (한국 가정복지 정책과 서비스 전달체계의 현황 및 평가)

  • 최윤실
    • Journal of Families and Better Life
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    • v.17 no.4
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    • pp.99-118
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    • 1999
  • The purpose of this study was to review the current state and issues of family life welfare policy and service delivery system in Korea Up to now social welfare has exclusively represented welfare area and family life welfare has been treated as a subarea of social welfare not an independent area Recently the organization system of family life welfare in Korea was reorganized. The depatment of family life welfare was disorganized and the role and function of it was dispersed. The present policy for family life welfare and service delivery system pose many issues in legal arrangement administrative dimension approach characteristics of welfare concerned department institution professional personnel and certificate system.

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Challenges and outlooks Following to the Interoduction of adult Guardianship System (성년후견제도 시행에 따른 과제와 전망)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.157-164
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    • 2013
  • Current in Korean Civil law, it regulates the Limited Guardianship and Specific Guardianship as an incompetent person. And as amending the Civil Law, the New Adult Guardianship System passed by the National Assembly on February 18 and it will be fully implemented from 1 July 2013. Therefore, in current law, the supplementation for various disqualifications about quasi-incompetence and incompetence is need. Because, the system of quasi-incompetence and incompetence will abolished from July 1. Thus, for the successful implementation of the Adult Guardianship System, laying the various legal groundwork and should be maintenance as soon as possible the each legislation associated with the revision of the Civil Code to fit the purpose of the New Guardianship System. So, in this paper, it will examine the several ways to amend the disqualification due to the introduction of the limited guardianship, adult guardianship system and prepare the reasonable legal model.

Practical Reasonability for Introducing Separate Contract Award System Concerning Asbestos Removal (건축주가 직접 발주한 석면해체공사 도급의 타당성에 관한 연구)

  • Son, Ki-Sang;Gal, Won-Mo;Kim, Hyoung-Suk
    • Journal of the Korea Safety Management & Science
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    • v.13 no.2
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    • pp.259-266
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    • 2011
  • Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.

The Legal Problems and Improvement in the Performance Based Design of Fire-fighting (성능위주소방설계의 법적문제 및 개선방안)

  • Yi, Jong-Yeong;Baek, Ok-Sun
    • Fire Science and Engineering
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    • v.24 no.1
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    • pp.54-63
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    • 2010
  • The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.