• 수산해양교육연구
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• 제26권1호
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• pp.108-125
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• 2014

Although South Korea had managed fishery resources based on elements included in the fishery like fisheries licence, after agreeing on UN Convention on the law in 1999, it became inevitable to adopt TAC that regulates yield. Therefore, currently operating an indecisive system by maintaining the fisheries license system while applying TAC only to some fisheries. However, it became imperative to find ways to improve the current system as it dose not solve problems such as decrease of fishery resources and catch per unit effort, excessive input of fishing boats, rising costs for fishery management, and shortage of fishery population. For those reasons, it is time to review ITQs, which is recognized globally as the most innovative fisheries management system. To adopt the ITQs, it seems necessary to compare how the fisheries act of New Zealand which is currently most successfully operated and Fisheries Resources Management Act of Korea. To do so, in this study, the provisions on TAC of the two countries are compared to analyze the institutional necessity for Korea to adopt ITQs. The following conclusions have been made : First, it will be necessary to gradually expand the species and fisheries for which TAC is enforced, and accumulate correct data on fisheries resources. Second, while forcing traders to obtain license as well, the species and quantity of traded fisheries must be reported separately for cross-checking with the catch reported by the fisheries. Third, the number of observers must be increased and report the species and quantity of the catch to person in charge at the relevant port, and observers must check the report before disembarkation. Fourth, penalty for violating Fisheries resources management act must be enhanced, especially regarding false report of fishery activities and catch.

• 한국중재학회지:중재연구
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• 제28권3호
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• pp.35-53
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• 2018

The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

• 한국항해학회지
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• 제17권3호
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• pp.57-68
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• 1993

The economy of Korea has grown up significantly in its scale. It has, therefore, become imperative to develop countermeasures to prevent work related injuries and occupational illnesses resultining from haza-rdous working conditions and handling harmful substances. A lot of cargo handling accident in port have occurred due to the characteristics of poor working environment, diversity of working place and method, fluctuation of the amount of cargo and handling of heavy, long, harmful and dangerous cargo, etc. According to '91 industrial accident analysis carried out by the ministry of labour, the number of the stevedores injured by cargo handling accident in port were 1, 432 persons (the death accident : 22 per-sons), the amount of industrial accident compensation in port was 6.7 billion won (the amount of economic loss : 33.6 billion won), and the injury occurance rate of the stevedoring industry was higher than that of the whole industry. This paper, therefore, aims to the actual status of the stevedoring industry and to extract the main cau-ses of the accidents related to cargo handling in port through factor analysis using the data of the accide-nts in the whole habour from 1990 to 1992, and to suggest the countermeasures to prevent such accident. The main causes of the accident and countermeasures are found to be as follows through the factor analy-sis : Factor1, factor2, and factor3 related to a defect of human being and management, a defect of state and environment, and an insufficiency of education and law are extracted. The short-term countermeasures to prevent these accidents are 1) to consolidate the safety and health organization in the working spot, 2) to secure a safe condition in working spot before dock work, 3) to strengthen a dock worker's safety educa-tion. The long-term countermeasures are 1) to promote a decasualisation of dock workers, 2) to modernize the cargo working methods through constructing exclusive pier and introducing exclusive cargo handling equipment, 3) to establish a exclusive dock accident prevention organization and the dock workers law. Factor 4, factor5, factor6, and factor7 related to an unfitness, a deficiency of technical knowledge, a nonfu-lfilment of safety measures, and a bad arrangement are extracted. The countermeasures to prevent these accidents are 1) to perform a complete safety inspection of cargo handling equipments and tools and to carry out the dock work according to a working plan, 2) to publish and supply technical safety books, safety instruction book, safety check list, etc., 3) to strengthen the safety patrol at the working spot in habour and to activate a safety fund, 4) to maintain always a clean workshop with the safety consciousness in which the good arragement of the working spot is considered to be the beginning of safety.

• 법제연구
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• 제53호
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• pp.109-147
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• 2017

1990년대 중반 북한의 식량난이 원인으로 발생한 탈북자 문제는 2000 년대 들어와 외부정보의 유입, 민주화 자유에 대한 갈망 등의 이유로 북한으로부터 탈출이 이어지고 있다. 또한 북한을 탈북하여 중국에 머물고있는 탈북자는 난민으로 인정받지 못하고 강제송환을 비롯한 각종 인권침해에 노출되고 있는 실정이다. 북한에서 탈출한 탈북자는 정치난민에해당되는지, 즉 국제법상 난민에 해당되는지의 여무, 난민으로 인정받지못하는 경우 국제인권법상 인권보호 규정에 의한 보호의 가능성과 방법이 무엇인지 생각하지 않으면 안 된다. 탈북자의 난민인정 문제는 개별국가의 주권문제이기는 하나, 난민협약상, UNHCR상의 고유한 권리로서보호받아야 주체로 넓은 의미에서 난민문제로 다뤄야 할 것이다. 향후, 북한으로부터 대량 탈북과 이로 인한 난민문제 발생에 대비하여 탈북자의 난민인정과 국제적 인권보호의 필요성에 대해 개별국가, UN총회, 인권이사회의 결정, UNHCR의 적극적 지원 등 국제간 연대가 필요하다.

• 해양정책연구
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• 제33권2호
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• 간호행정학회지
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• 제1권1호
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• pp.132-146
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• 1995

Even though Korean medical law stipulates that number of patients attended by a nurse is 2.5 for hospitalization and 30 for ambulatory care, the number of patients cared by a nurse per day is much greater than the standard prescribed by the medical law. Current productivity of nurses is not desirable unless the quality of care is considered. And nursing manpower staffing based on neither current nurses' productivity nor standard of medical law cannot respond properly to dynamic situation of the medical services. Under this background, the necessity of more efficient management of nursing manpower occupying 1/3 of total hospital workers has been recognized by many nursing administrators. Many nursing researchers have studied to foretell the nursing manpower objectively on the basis of measured nursing workload according to patient classification as well. Most of These researches, however, have been conducted in the tertiary hospitals, so it is imperative to conduct other researches to predict necessary nursing manpower in the secondary and the primary hospitals. The study was performed to measure nursing workload and predict pertinent nursing manpower to a secondary hospital with 400beds. Nursing workload was surveyed using measuring tool for direct and indirect care hours in a surgical unit and a medical unit. Survey was conducted from Sep.10 to Sep.16 and from Oct.5 to Oct.11, 1994 respectively by two skilled nurses, Subjects were patients, patients' family members and nursing personnels. Results are follows : 1. Patient classification distributed as 22% of class I (mildly ill patient), 57% of class II (moderately ill patient), and 21% of class III (acutely ill patient) in the medical nursing unit, while 23% of class I, 29% of class II, 12% of class III, and 36% of classIV (critically ill patient) in the surgical nursing unit. There was no difference of inpatient number between weekday and weekend. Bed circulation rate was 89% in both units and average patients number per day was 37.4 (total 42beds) in the medical nursing unit, 32.9 (total 37beds) in the medical nursing unit. 2. Direct care hours per day measured as 2.8hrs for class I, 3.3hrs for class II, and 3.5hrs for class III in the medical nursing unit, while 3.1hrs for class I, 3hrs for class II, 2.7hrs for class III, and 2.2hrs for classIV in the surgical nursing unit. Meanwhile, hours for nursing assistant activities per patient by patients' family members were 11mins and 200mins respectively. Direct care hour rate by shift was day 36%, evening 25%, and night 39% in the medical nursing unit, while 40%, 29%, and and 31% respectively in the surgical nursing unit. 3. Measurement and observation activity held 44.2% of direct care activities of nurses and medication 36.7%, communication 11.7%, exercise 1.8%, treatment 1.3%, hygiene 1.3%, elimination and irrigation 1.1%, suction 1%, nutrition 0.5%, thermotherapy 0.3%, oxygen therapy 0.1% in order. 4. Indirect care hours per day were 294.2mins in the medical nursing unit, and 273.9mins in the surgical nursing unit. By shift, evening was the highest in both units. Indirect care hours for each patient were 44.5mins in the medical nursing unit and 46mins in the surgical nursing unit. 5. checking activities including doctor's order, medication, and delivering patients to the next shift occupied 39.7% of indirect care activities, and preparation 26%, recording 23.8%, communication and conference 6.7%, managing equipments 2.1%, messenger activity 1.7% in order. 6. On the ground of these results, nursing manpower needed in a secondary hospital was estimated ; 27 nursing personnels for the medical nursing unit of 37beds, and 20 nursing personnels for the surgical nursing unit of 33beds.

• 의료법학
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• 제24권4호
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• pp.67-101
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• 2023

생성형 AI의 활용은 교육계를 넘어서 이미 의료계에서도 의료 기기에 임상 소프트웨어 등의 도입 등으로 연구되고 있다. 생성형 AI는 대규모 대화형 언어모델을 활용하여 방대한 데이터를 이해하고 자료를 선별하는 시간과 에너지를 줄여주면서 사용자와 끊임없는 대화를 통한 정보의 전달이 가능하다. 바로 이러한 점이 인류에게 생성형 AI가 혁신적인 기술의 등장으로 인정받고 있는 점이기도 하다. 그러나 반면 사용자에게 제공되는 컨텐츠의 정합성은 출처나 근거 없이 사용자에게 판단의 영역으로 맡겨지고 있다. 그러나 이 글에서는 생성형 AI를 활용함에 있어서 가장 직접적으로 발생할 수 있는 쟁점을 우선적으로 살펴보기로 한다. 따라서 이 글에서는 생성형 AI의 대표적인 프로그램인 Chat GPT의 발전과 이용자의 활용에 대비하여 특히 개인정보 보호의 쟁점에 대하여 논의하였다. 이를 위하여 먼저 생성형 AI의 기술적인 특성을 살펴본 뒤에 발생 가능한 민사적 쟁점 가운데에서도 개인정보 보호에 관한 문제를 우선적으로 살펴보았다. 생성형 AI는 그 자체로서 학습 데이터의 편향이나 출처 없는 결과값의 제공 등 여러 문제점이 제기되고 있으나, 이러한 문제점은 윤리적 문제를 내포하는 것으로 당장 임상 소프트웨어로서 의료기기에서 활용될 경우 개인정보 보호법제와 보건의료데이터의 활용 가이드로 환자 혹은 이용자의 개인정보를 보호할 수 있을 것인가에 대한 의문에 대한 논의가 시급하다고 판단되었다. 우리나라의 개인정보 보호법제는 특히 보건의료데이터의 활용에서 특정 개인의 개인정보를 가명처리하고 비식별조치를 취하는 데에 적절한 프로세스를 갖추고 있는 것으로 보이나, 생성형 AI이 소프트웨어로서 의료기기에 적용되었을 경우에도 이 법제로서 개인정보 보호의 목적을 이루기에는 어려운 점이 있다. 임상 소프트웨어에서 활용될 생성형 AI의 기능을 대비하기 위해서는 생성형 AI에 걸맞는 개인정보 보호의 법제가 필요할 것으로 보인다.

• 한국기록관리학회지
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• 제6권2호
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• pp.157-184
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• 2006

한 나라의 중심에 서 있는 대통령과 관련하여 생산해 낸 기록물은 대통령직 수행의 증거이며 역사적 핵심기록이라는 의미를 갖는다. 역사가 그들 활동의 증거를 토대로 심판할 수 있도록 이 핵심 기록을 제대로 생산하도록 제도적 기반을 갖추고 잘 관리해야할 책무가 있다. 역사적 평가는 증거 없는 기억만으로 이뤄질 수 없기 때문이다. 2007년 초 현재, 대통령기록물의 메카가 될 대통령 기록관 설립에 관한 의무조항을 포함한 대통령기록물관리 법률안이 국회에 계류 중이다. 대통령 기록관은 기록관 기능에 박물관, 교육 센터 역할을 수행하는 다기능적 국가기관으로 이해되어야한다. 또한, 이용도와 사료의 가치를 높이기 위해 수요자 지향적 행정 패러다임의 변화를 인식하고, 이용자 관점에서 서비스하는 자세가 요구된다. 본 논문에서는 행정 편의보다는 이용자 위주의 대통령 기록관 서비스 프로그램을 개발하기 위하여 미국 대통령 기록 박물관의 프로그램을 선진 사례로 먼저 살펴본 후, 한국 대통령 기록관의 서비스 프로그램 개발을 위한 가이드라인을 제안하고 적용 가능한 예를 제시하였다.

• 부모자녀건강학회지
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• 제5권2호
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• pp.145-160
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• 2002

The primary purpose of this study was to suggest midwife education programs which could be recognized and exchanged internationally by examining and analyzing both domestic and foreign midwife education programs. The secondary purpose of this study was to offer a plan to raise the level of national examination. Specific aims of this study were as follows: 1) to identify the international standard of the education and practices of midwives 2) to analyze both domestic and foreign midwife education programs 3) to offer a new curriculum for educating midwives 4) to suggest a prerequisite to raise the standards of the national examination 5) to suggest subjects for the national examination The results of this research were as follows: 1. The concept of midwife and midwifery practices recognized internationally by WHO and ICM(International Confederation of Midwives) was identified. In addition, Core Competencies for Basic Midwifery Practice suggested by ACNM(American College of Nurse-Midwives) of the U.S.A. were examined. 2. Midwife education programs of the U.S.A., Sweden, Australia, and Japan were investigated and analyzed. In addition, the midwife education program stated in the public health related law of this country as well as curriculums of institutions for midwife education were also investigated and analyzed. 3. As for the midwife education system, both a graduate program for midwife education in the college of nursing sciences and a postgraduate professional midwife education program centered medical institutions were suggested. 4. A new curriculum that could promote more international exchanges and extend the role of midwives was suggested after studying both domestic and foreign midwife education programs. 5. A prerequisite to raise the level of national examination for midwives was suggested. In addition, subjects for the examination which could evaluate the applicant's comprehensive thinking ability were presented with its respective range and ratio. A midwife is a medical professional who has a nursing license and is licensed nationally as a midwife with an additional year of education. An effort to extend a midwife' role and to improve its service is imperative. The laws related midwives should be revised in regard to education, service, and the national examination to the level of developed countries so that international recognition can take place. In addition, midwife curriculum and its service should be evaluated periodically. A system must be established to renew midwife licences.

• 한국농촌건축학회논문집
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• 제16권1호
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• pp.119-127
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• 2014

This study suggests institutional and methodological approaches for preservation of South Korea's registered cultural properties of modern architecture. The suggested approaches are as follows. First, in order to improve the current registration and preservation system for cultural properties, we need to employ both structure-based classification and style-based classification. Registration criteria for modern architecture properties need to include more detailed classification in terms of their structure: brick structure, steel concrete structure and post lintel structure. In terms of construction style, the properties need to be further classified into the western style, the traditional style and the Korean-western eclectic style. In addition, protection of registered cultural properties need to be achieved through legislation of a protection system. Second, while the current system sets out six methods for preservation of registered cultural properties of modern architecture, more specific preservation methods types and plans need to be continuously introduced. In particular, as for the method of partial preservation, the method needs to be further classified based on the usage of the relevant structure so as to allow for more diverse options. First, the 'Preservation by Interior Alteration' needs to be added to the category, where the exterior is preserved as it is and the interior is preserved through alteration. Also needs to be added the preservation method where the interior space is preserved as it is and the exterior space is altered, in case the finishing materials of the exterior has deteriorated. Third, if the records on registered cultural properties of modern architecture are to provide the functions of legal evidences regarding management of architectural cultural properties, sources of knowledge required for policy making and implementation and past management record for the future, each phase needs to be closely connected in an organic manner, and we need to establish a management system and plan that go beyond the relevant organizations. Fourth, in order to preserve South Korea's registered cultural properties of modern architecture in its original state, it is imperative to prepare separate criteria for registration of technicians with expertise on modern architecture, and train experts and technicians on modern architecture, which is distinguished from the traditional architecture.