• Title/Summary/Keyword: Korea Civil Law

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A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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A Design of Handling Quality Assessment Environment Based on FLIGHTLAB Model Using Legacy Simulator (레거시 시뮬레이터를 활용한 FLIGHTLAB 모델 기반의 조종성 평가 환경 설계 연구)

  • Yang, Chang Deok;Lee, Seung Deok;Cho, Hwan Heui;Jung, Dong Woo
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.44 no.6
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    • pp.530-536
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    • 2016
  • The handling quality simulator including high fidelity flight mechanics model is indispensable component to design and verify the flight control system. Korea Aerospace Industries, LTD. (KAI) has been performing LCH (Light Civil Helicopter) core technology development program regarding automatic flight control system (AFCS) software development. And KAI has been developing flight mechanics model using FLIGHTLAB to design and evaluate the AFCS flight control law. This paper presents the handling quality assessment environment development results through the combining FLIGHTLAB with a legacy simulator. And this paper details the FLIGHTLAB model, application development process and FLIGHTLAB interface design. The developed handling quality assessment environment has been demonstrated with the ADS-33E hover and pirouette MTE (Mission Task Element) maneuver simulation.

Priority Analysis for Agricultural Water Governance Components by Using Analytic Network Process(ANP) (ANP 기법 활용 농업용수 거버넌스 구성요인 우선순위 분석)

  • Lee, Seulgi;Choi, Kyung-Sook
    • Journal of Korean Society of Rural Planning
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    • v.29 no.4
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    • pp.27-34
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    • 2023
  • Recently, worldwide to respond to climate change and secure sustainability. Korea aimed to increase water use efficiency by implementing integrated management according to the water management unification policy. Therefore, the necessity of establishing and operating governance is expanding to ensure the sustainability of agricultural water. In this study aims to evaluate the importance of agricultural water governance components and provide essential data for the participation of stakeholders in the efficient use of agricultural water in Korea. For this study, a total of 19 respondents to the ANP survey for this study were composed of experts in agricultural water and governance in Korea. As a result, the ranking for the main components was in the order of law, policy, and systems(0.222), core subjects(0.191), information sharing and communication(0.180), budget support(0.178), mutual learning(0.124), and external experts(0.105). The most important components for the operation of agricultural water governance are laws, policies, and systems. Since Korea's agricultural water management is a public management system, national standards are considered the first priority. This study, which is the purpose of the agricultural water governance model, evaluated the importance of the constituent components for participating in demand management with a sense of responsibility. Moreover, if agricultural water governance is expanded nationwide by reflecting agricultural and water resource policies in the future, it is believed that positive effects can be achieved in increasing utilization efficiency and securing sustainability through agricultural water saving.

The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

Application of Total Station for Structure and Terrain Displacement Monitoring (구조물 및 지형변위 모니터링을 위한 토털스테이션의 활용)

  • Park, Joon-Kyu;Um, Dae-Yong
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.4
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    • pp.582-587
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    • 2020
  • Recently, disasters caused by extreme weather and the damage caused by them are increasing worldwide. The interest in disasters, such as earthquakes, typhoons, and ground subsidence, is increasing in Korea. Korea has enacted a special law based on disaster management, and has built monitoring systems for individual facility units by building precision sensors and related systems to measure the displacement status of long bridges and high-rise composite buildings. On the other hand, the application of a real-time monitoring system is insufficient for slopes, open-pit mines, small and medium structures due to weather, measurement methods, cost, and constant monitoring difficulties. In this study, the displacement monitoring method using the total station was studied and the applicability was suggested through the experiment. Through the research, the concept and operation flow of a monitoring system that can measure the displacement of the terrain or the structure using the total station was presented. The monitoring system allows the user to select the location and operation method of the equipment so that the equipment can be installed according to the site situation, and set the number of observations, the period, and the observation range of the object. Using the experiment on the monitoring system, the station was monitored with precision within 5mm, and it was suggested that the displacement of the object can be monitored using the total station. Further research will be needed to assess the applicability of monitoring to real slopes and structures.

Measures to improve the legal system for commercialization of sand dams (샌드댐 상용화를 위한 법제도 개선 방안)

  • Shim, Young-Gyoo;Chung, Il-Moon;Kim, Min-Gyu
    • Journal of Korea Water Resources Association
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    • v.55 no.8
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    • pp.635-643
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    • 2022
  • Attempts are being made to use the sand dam as an alternative water resource securement facility by installing and operating sand dams in valleys, where water intake capacity is extremely limited, in areas with limited water supply in the upstream watershed of Korea. In the case of some countries in Africa, where sand dams are known to be most actively installed and used, it is difficult to find examples of establishing and applying a separate legal system for sand dams. A sand dam is a kind of groundwater dam, and in view of its concept, structural and technical form and characteristics, purpose, use, and function, it will be said that it has the legal character and status as a facility for securing groundwater resources specified in the current 「Ground Water Act」. Interpretation and application of regulations on facilities for securing groundwater resources also supports this. Therefore, it is legal and realistic to promote and implement the sand dam project as one of the installation and management projects for securing underground water resources based on the 「Ground Water Act」.

A Study on the Penalty Tax under the Korean Customs Act-Focusing on the Unconstitutionality of the Adminstrative Penalty Imposed together and Heavy Penalty Tax (한국 관세법상 가산세에 관한 연구 - 행정형벌 병과와 중가산세 조항의 위헌 여부 등을 중심으로)

  • Min-Gyu Park
    • Korea Trade Review
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    • v.46 no.3
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    • pp.185-201
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    • 2021
  • This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act (주택임대차보호법상 임차인의 대항력에 관한 개선 방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.193-202
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    • 2015
  • The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.

A Study on development of personal protection service (신변보호업무 발전방안에 관한 연구)

  • Ha, Jung-Hoon
    • Korean Security Journal
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    • no.44
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    • pp.199-223
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    • 2015
  • The purpose of this study is to find the development of the personal protection business plan based on the problem that guards are now aware of personal protection service. In order to achieve the objectives of this study, we analyzed the data after expert survey and interview conducted by seven experts engaged in personal protection services more than 15 years. The guard who perform personal protection service proposed a development plan of personal protection services as follows. First, the current education system for new employees' training is required to improve the educational program of 40 hours in subjects related to personal protection duties by reorganization Second, the personal protection service training for guards also appropriate to switch to 8-hour training program for three months through an educational organization controlled by country. Third, the personal protection guards should be proceeding the practical programs required in the field and quality education in the different section by competent and professional instructors. Fourth, it should be revised Regulating that on the site of collective civil petition including in Events related to events across the board in the security services law. Fifth, there needs to be a change of recognition between police and private security firms, and to be set up the organization for supervision of management by police and private security firms jointly. Sixth, there needs to be organized a subcommittee which is consisting of experts in each task on Korea Security Association, and founded Korea Personal Protection Association for development associated with the personal protection service and to protect the rights of personal protection guards.

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Service Life Evaluation through Probabilistic Method Considering Time-Dependent Chloride Behavior (염해 시간의존성을 고려한 확률론적 내구수명 평가)

  • Kwon, Seung-Jun
    • Journal of the Korea Concrete Institute
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    • v.28 no.2
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    • pp.149-156
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    • 2016
  • The service life in RC (Reinforced Concrete) is very important and it is usually obtained through deterministic method based on Fick's 2nd law and probabilistic method. This paper presents an evaluation of $P_{df}$(durability failure probability) and the related service life considering time-dependent behaviors in chloride diffusion and surface chloride content. For the work, field investigation is performed for RC structures exposed to chloride attack for 3.5~4.5years, focusing tidal zone (6.0 m) and sea shore (9.0 m), respectively. Random variables like cover depth, chloride diffusion coefficient, and surface chloride content are obtained, and $P_{df}$ and the service life are evaluated. Unlike the results from deterministic method using LIFE 365, probabilistic method with time effects on diffusion and surface chloride shows a relatively rapid change in the result, which is a significant reductions of service life in the case with low surface chloride content. For probabilistic evaluation of durability, high surface chloride content over $10.0kg/m^3$ is required and reasonable service life can be derived with consideration of time-dependent diffusion coefficient.