• 제목/요약/키워드: DOMESTIC LAWS

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A Study on Unauthorized Anchoring of Foreign-flag Vessels in Internal Waters and Territorial Sea (외국선박의 내수 및 영해 무단정박에 관한 연구)

  • Lim, Chae-Hyun;Lee, Chang-Hee;Jeong, Dae-Deuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • 제28권2호
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    • pp.280-289
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    • 2022
  • Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

Reviewing the Candidate Types for Other Effective Area-based Conservation Measures for Post-2020 Management Related to National Protected Areas System (Post-2020 국가 보호지역 시스템 관리를 위한 기타 효과적인 지역 기반 보전 수단(OECMs) 후보지역 유형 검토)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;Hong, Yong-Sik;Kang, Shin-Gu;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • 제25권1호
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    • pp.11-23
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    • 2022
  • This study aims to systematically review the candidate types for OECMs suitable for domestic conditions in areas related to the Korea Forest Service in order to achieve the goal of establishing the protected areas and OECMs system required by Post-2020 GBF, and to provide basic data for the establishment of the national protected areas system. As a result of the study, the selection criteria for OECMs were presented, and it was found that arboretums·botanical gardens, Natural Recreation Forests, and air holes may correspond to the Candidate Types for OECMs. As a result of evaluating the possible areas for OECMs based on the OECMs selection criteria, in the case of arboretums·botanical gardens, it is judged that only conservation areas can be designated as OECMs, except for areas mainly used by visitors of arboretums·botanical gardens that fall under the BGCI conservation type among national and public arboretums·botanical gardens. However, private and school arboretums·botanical gardens have personal property ownership, so it was judged to have no effective measures to control activities that may adversely affect biodiversity, which showed limitations in designation of OECMs. Natural Recreation Forests was found to meet the OECMs selection criteria. However, private forests have personal property ownership, which limits the designation of OECMs. Therefore, it is necessary to strengthen the function of in-situ conservation in order to meet the OECMs for private and school arboretums·botanical gardens, and private forests that have personal property ownership. To this end, effective measures are needed to achieve biodiversity conservation outcomes, and it is judged that legal control and corresponding support policies (incentives) are needed. In the case of air holes, for sustainable conservation, the management boundary of air holes should be clearly defined based on the preparation of laws and guidelines related to air holes. In addition, it is judged that it is desirable to designate the competent local forest office as the management authority and conduct periodic detailed surveys of air holes, establish and implement the conservation plans based on those.

The Marrakesh Treaty and the Tasks of Library Services for Persons with Disabilities (마라케시 조약과 도서관 장애인서비스 과제)

  • 윤희윤
    • Journal of the Korean Society for Library and Information Science
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    • 제56권3호
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    • pp.73-91
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    • 2022
  • For everyone, books are not only a passage to break down temporal and spatial barriers, but also a passport to the world. However, books are neither a passage nor a passport for persons with print disabilities. They are suffering from a severe book famine, with only 1-7% of alternative materials in accessible formats. The Marrakesh Treaty is an international agreement promoted by the WBU and WIPO to reduce such access gaps and inequalities. Accordingly, this study intensively analyzed and linked the global book famine and the Marrakesh Treaty for the persons with print disabilities including the blind and visually impaired, and suggested strategic tasks and implementation plans to strengthen the services of the disabled in domestic libraries. The government and libraries should concentrate all their competencies on improving awareness, inducing standardization of alternative materials in the publishing industry, amending and supplementing the copyright act and related laws, strengthening the digital file collection and service of the National Library for the disabled, and developing and applying library guidelines to implement the Marrakesh Treaty. This is because if food supports the body of the disabled, reading fosters their spirit. In order to solve the global book famine for persons with print disabilities, it is necessary to improve the publishing industry's cartels, copyright holders' barricades, and the weak platform of the library industry. All copyright holders, publishers, and libraries should participate in reducing the 95% gap in access between non-disabled and disabled people. That is the mantra of the book famine.

An Exploratory Study for Designing Researcher-Centric Research Security Information Requirements (연구자 중심의 연구보안 정보요구사항 설계를 위한 탐색적 연구)

  • SoYoung Han;Hangbae Chang
    • Journal of Platform Technology
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    • 제11권1호
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    • pp.23-37
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    • 2023
  • As the importance of R&D increases amid the paradigm of technology hegemony competition, countries around the world are increasing investment in R&D, at the same time, making effrots to portect R&D. Centering to technology-leading countries, such as Korea, the United States and Japan, they reorganize research security regulations to protect national R&D; however, the burden of compliance for researcher and research institutes is still high. Korea enacted the National R&D Innovation Act and the Enforcement Decree of the same Act to establish an integrated and systematic research security support system, but research institutes and researchers still lack understanding and practice of research security. In order to strengthen researcher's research security compliance, this study organized information requirements for each security management area through domestic and foreign research security laws and prior research analysis, and designed research security information requirements items centered on researchers. The designed information requirements are meaningful in that they were designed by considering both the management area and the stage of R&D, focusing on researchers performing R&D in the field. Based on the designed information requirements items, it is expected that systematic security management will be possible at the research site, which will ease the security burden of researchers and improve research security compliance at the research and development site.

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Stduy on the Efficient Safety Management through the Analysis of Metropolitan Bus Operation Characteristics (광역버스 운행 특성분석을 통한 효율적 안전관리방안 연구)

  • Young Hwan Kim;Yun Sang Kim;Seung jun Lee;Choul Ki Lee
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • 제22권1호
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    • pp.233-251
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    • 2023
  • Metropolitan buses are managed as either a direct seat type or a metropolitan express type according to the 「Passenger Transport Service Act」. However, a management system that reflects the characteristics of metropolitan buses is not currently established. Therefore, in this study, the driving characteristics of metropolitan buses, dangerous driving behavior characteristics of metropolitan bus drivers, metropolitan bus accident characteristics, and the safety management system of domestic and foreign buses and other means were investigated. Through this, a plan for strengthening the safety management of metropolitan buses suitable for Korea was presented by dividing it into short-term and mid to long term. The short-term plan is a plan that can be carried out through consultation between metropolitan bus agencies and transportation companies, and the mid to long term plan is a plan that can be implemented only when related laws are revised. Through this study, it is expected to serve as an opportunity for in-depth discussions by the government, business operators, and related experts to strengthen the safety management of metropolitan buses.

Comparative Study of Institutional Approaches to Children's Playgrounds for Ensuring the Right to Play (놀이권 보장 측면에서 본 국내외 어린이놀이터 관련 법제 비교 연구)

  • Song, Yun-Jeong;Lee, Sang-Min;Kang, Hyunmi;Kim, Suin
    • Journal of the Korean Institute of Landscape Architecture
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    • 제51권6호
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    • pp.33-45
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    • 2023
  • The importance of play from a Children's Rights perspective has been continuously emphasized, and the need for play facilities and spaces has been reiterated. Meanwhile, in South Korea, despite the continuous increase in the number of play facilities, efforts to improve children's play spaces are required. Therefore, this study reevaluated the current regulations and policies concerning play and play spaces from the perspective of securing the right to play. An analysis of the legal concept of domestic playgrounds, related laws, construction standards, and regulations was conducted. The systems and characteristics of the related regulations in the UK, Canada, and Germany were analyzed. Based on the results of the comparative analysis, our directions for improving the system of playgrounds to ensure the children's right to play were proposed. First, a legal definition of the concept and scope of playgrounds should be established. Second, beyond safety-focused facility regulations, there is a need for institutional enhancements to ensure the right to play. Third, comprehensive management of playgrounds is required as a spatial concept rather than as individual facilities. Fourth, qualitative management is needed through specific guidelines and guidelines related to the establishment of playgrounds. These results can serve as a basis for establishing systems and promoting policy projects to ensure children's right to play in various fields, including urban planning, child welfare, and education in the future.

A Study on Need for Safe Baseline Isolation Standard for Chemical Plant Equipment (화학공장 설비의 안전한 격리 표준 필요성에 대한 연구)

  • Su-Ji Choi;Sang-Gil Kim;Gyu-Sun Cho
    • Industry Promotion Research
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    • 제8권4호
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    • pp.37-46
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    • 2023
  • Due to the aging, advancement, and complexity of chemical facilities, non-routine work such as facility inspection, repair, or maintenance work is increasing. Of the 1,483 accidents that occurred over the past 10 years at chemical product manufacturing sites subject to PSM, accidents that occurred during non-routine work accounted for 56% (932 Cases) of the total. It can be seen that more accidents occur during non-routine work than during routine work. In particular, in order to improve the economy and efficiency of factory operation, there are cases where some facilities are stopped without stopping the entire factory and then inspection, repair, or maintenance work is performed while isolated from the operating facilities. Therefore, first, a safe isolation method must be selected by establishing an isolation standard (Baseline Isolation Standard) based on the chemicals handled, operating conditions, and risk level of the equipment in the chemical plant. Second, since current domestic laws and standards do not suggest the need for specific quarantine standards, it is necessary to institutionalize the preparation of quarantine standards. Technical and institutional improvements are needed to prevent fires, explosions, and poisoning accidents caused by leaks of chemical substances.

Comparative analysis of informationattributes inchemical accident response systems through Unstructured Data: Spotlighting on the OECD Guidelines for Chemical Accident Prevention, Preparedness, and Response (비정형 데이터를 이용한 화학물질 사고 대응 체계 정보속성 비교 분석 : 화학사고 예방, 대비 및 대응을 위한 OECD 지침서를 중심으로)

  • YongJin Kim;Chunghyun Do
    • Journal of Intelligence and Information Systems
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    • 제29권4호
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    • pp.91-110
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    • 2023
  • The importance of manuals is emphasized because chemical accidents require swift response and recovery, and often result in environmental pollution and casualties. In this regard, the OECD revised OECD Guidelines for the Prevention, Preparedness, and Response to Chemical Accidents (referred to as the OECD Guidelines), in June 2023. Moreover, while existing research primarily raises awareness about chemical accidents, highlighting the need for a system-wide response including laws, regulations, and manuals, it was difficult to find comparative research on the attributes of manuals. So, this paper aims to compare and analyze the second and third editions of the OECD Guidelines, in order to uncover the information attributes and implications of the revised version. Specifically, TF-IDF (Term Frequency-Inverse Document Frequency) was applied to understand which keywords have become more important, and Word2Vec was applied to identify keywords that were used similarly and those that were differentiated. Lastly, a 2×2 matrix was proposed, identifying the topics within each quadrant to provide a deeper comparison of the information attributes of the OECD Guidelines. This study offers a framework to help researchers understand information attributes. From a practical perspective, it appears valuable for the revision of standard manuals by domestic government agencies and corporations related to chemistry.

Comparative Analysis Study on Accidents Cases of Manned and Unmanned Tower cranes (유·무인 타워크레인의 사고 사례 비교분석 연구)

  • Jeong Kyeongtae;Jo Minje;Kim Hyein;Lee Donghoon
    • Journal of the Korea Institute of Construction Safety
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    • 제6권1호
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    • pp.27-32
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    • 2024
  • In this study, based on accident cases of manned and unmanned tower cranes, the types and causes of accidents were analyzed and tower crane accident prevention measures were proposed accordingly. As a result, 'lack of communication' was commonly analyzed as the biggest cause of accidents. Therefore, in this study, we investigated domestic and international systems and laws regarding signalmen responsible for communication between tower crane operators and workers and proposed the following three improvement methods. First, the signalman system must be legally and institutionally reestablished. Second, national agencies and private organizations with expertise should create standardized training manuals and distribute them to signalman educators, and create checklists to manage educators. Third, in the case of a site using a tower crane, the employer must mandatorily deploy a signalman with professional qualifications. Lastly, the results of this study are expected to highlight the differences in accident types and causes of manned and unmanned tower cranes and the need for legal and institutional improvement in the signal system.

Application of the Latest European Standard(EN 15522-2) for Marine Oil Spill Analysis: A Study on its Effectiveness in Analyzing Samples from Korean Incidents (해양 기름유출사고 분석을 위한 최신 유럽표준(EN 15522-2) 적용: 한국 사고 샘플 분석의 효율성에 관한 연구)

  • Youjeong Park;Duwon Lee;Heejin Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • 제30권1호
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    • pp.58-64
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    • 2024
  • Approximately 250 marine oil spill accidents have occurred in Korea, with profound impact on local communities and the environment. The restoration process necessitates significant resources and costs to return affected areas to their pre-accident state. In accordance with the polluter pays principle, compensation is demanded from polluter, as stipulated in both international conventions and national laws. Consequently, investigations are conducted to determine civil and criminal liability. As the importance of investigation actors in oil spill accidents increases, standards such as CEN 15522-2 and ASTM D 3248 are employed to determine the similarity between the spilled oil and the oil of the suspected ship. Among these standards, CEN 15522-2, the most actively used European standard, underwent its third revision and is now known as EN 15522-2, as of 2023. This study used EN 15522-2 to analyze samples from marine oil spill accidents that occurred in Korea. The results indicated that, considering the characteristics of domestic spills where light fuel oil spills account for more than 40%, the application of EN 15522-2, which includes low-boiling point substances such as Adamantanes, was confirmed to be highly effective.