• Journal of Fisheries and Marine Sciences Education
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• v.26 no.1
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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.

• Journal of Arbitration Studies
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• v.28 no.3
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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.

• Journal of the Korean Institute of Navigation
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• v.17 no.3
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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.

• Journal of Legislation Research
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• no.53
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• pp.109-147
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• 2017

North Korean defectors had left North Korea often to escape from food shortages in the mid-1990s. Since the 2000s, the reasons of their flee from North Korea have more resulted from their exposure to external information, and a desire for democracy and freedom. However, North Korean defectors living in China are not recognized as refugees and thus subject to various human rights violations including forced repatriation. It needs to be thought that wether North Korean defectors who escape from North Korea are political refugees under international law. If they are not recognized as refugees in their new countries, it is imperative to consider a possible way to protect their human rights under international law. The problem of recognition of the refugee status of a person is a matter of involving the sovereignty of individual countries, however, the Convention Relating to the Status of Refugees should provide protection of their unique rights, as recognizes by the UNHCR, and their status should be treated as a refugees issue in a broad sense. In the future, it is a necessary to establish international solidarity among individual countries, the UN General Assembly, the decisions of the Human Rights Council and support of UNHCR, to anticipate the need for the refugee recognition and the protection of International Human Rights in preparation for possible mass defections and refugees from North Korea.

• Ocean policy research
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• v.33 no.2
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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.

• Journal of Korean Academy of Nursing Administration
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• v.1 no.1
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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.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.67-101
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• 2023

The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.

• Journal of Korean Society of Archives and Records Management
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• v.6 no.2
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• pp.157-184
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• 2006

Presidential records which have produced during a presidency as a national center are the evidence of the presidency and main historical records. We have the responsibility to establish fundamental systems to produce such main historical records and to manage such main historical records which could help people and history to judge the presidency based upon the evidence of their activities. The historical appraisal could be achieved not by memory but by evidence. A draft of a proposed law on the management of presidential records which includes the establishment of presidential libraries for the presidential records Mecca is being moored at the National Assembly now. The presidential library is to be considered as a multi-functional national institution which is carrying out the role as an Archives, Museums and Center for the education. In addition, it is imperative for a presidential library to provide user-oriented services to enrich the usability and the value of records, recognizing the change of administration paradigm from a supplier-oriented system to a customer-oriented system. This dissertation, in order to develop presidential library service programs focusing on customers rather than the convenience of administration, reviewed programs of the U.S. presidential libraries as a developed case and proposes guidelines and applicable samples for the development of the Korean presidential library service programs.

• Korean Parent-Child Health Journal
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• v.5 no.2
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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.

• Journal of the Korean Institute of Rural Architecture
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• v.16 no.1
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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.