• 한국중재학회지:중재연구
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• 제14권1호
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• pp.103-132
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• 2004

This paper suggests the establishment of construction arbitration tribunal in The Korean Commercial Arbitration Board or the construction arbitration institution under the Ministry of Construction for effective system of Construction Arbitration. Our conclusion tells that it is desirable to establish construction arbitration institution under the Ministry of Construction upon the result of analyzing some factors such as participation of construction workers, sophistication of construction field. In contrast, it is more desirable to establish the construction arbitration tribunal in The Korean Commercial Arbitration Board when we consider the feasibility, sophistication of ADR, organization, rules, arbitrator availability, internationalization Therefore, our final suggestion is to establish construction arbitration tribunal in The Korean Commercial Arbitration Board for effective system of Construction Arbitration. More detailed are as follows: . Establishment of the committee for resolution of construction disputes consisting of experts and specialists from construction-related institution, union, law firm and universities. 1 The committee manages finance, rules on construction arbitration and arbitrator members. 1 Establishment of intermediation team, construction arbitration team, housing arbitration team, real estate arbitration team under the construction arbitration tribunal . Establishment of a committee of arrangements consisting of experts and specialists from The Korean Association of Arbitration Studies, Korea Arbitrators Association, The Korean Commercial Arbitration Board, The Construction Association of Korea in order to accomplish effective system for construction arbitration.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• 의료법학
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• 제16권2호
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• pp.295-326
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• 2015

2012. 2. 1. 의료법이 개정되며 의료인은 2개 이상의 의료기관을 개설할 수 없을 뿐 아니라 운영에도 관여할 수 없게 되었다. 그러나 이러한 개정 법률의 입법목적이 무엇인지 불분명할 뿐 아니라 여러 제반사정을 기초로 입법목적을 확정하더라도 개정 법률이 그러한 목적을 달성하기에 적합한 수단이 되기 어렵다. 이 글에서는 의료법 개정 경과와 의료기관 1인 1개설주의의 연혁, 개정 의료법의 입법목적을 확정 검토하는 한편, 개정 의료법이 제한하는 기본권과 명확성의 원칙, 과잉금지원칙을 토대로 동 법률의 위헌성을 살펴보기로 한다.

• 한국중재학회지:중재연구
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• 제20권3호
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• pp.47-69
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• 2010

From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

• Ocean and Polar Research
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• 제30권4호
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• pp.427-444
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• 2008

The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

• 의료법학
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• 제17권2호
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• pp.221-255
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• 2016

러시아 정부는 2015년 극동지역 의료산업 개선을 위해서 "블라디보스톡 자유항에 관한 연방법"을 제정한바 있다. 그 결과 한국 의료기관들의 블라디보스톡 자유항 진출에 대한 관심이 증대되고 있다. 수준 높은 한국 의료서비스에 대한 러시아 환자의 수요 증가와 러시아 정부의 적극적인 정책 방향은 블라디보스톡 자유항 진출에 있어서 강점과 기회로써 작용한다. 반면에 자유항법의 하위규정 제정 지연으로 인한 법적 불완전성과 러시아 정부의 낮은 신뢰도는 약점과 위협으로 대두된다. 이에 한국 의료기관은 자유항법의 하위규정의 제정 과정을 면밀히 모니터링 함으로써 진출 시기를 신중히 검토할 필요가 있겠다. 그리고 '검진 연계 전문클리닉 모델(1단계 모델)'을 구축하여 진출하는 것이 가장 현실성 높은 모델이라 할 수 있겠다. 또한 한국 정부는 정부차원에서 '한 러 보건의료 협력 MOU'를 체결하고, 러시아 내 우호적인 여건 조성을 위하여 '한국형 미네소타 프로젝트' 수행이 요구된다.

• 의료법학
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• 제24권4호
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• pp.103-128
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• 2023

현행 연명의료결정법에 따르면 연명의료를 시행하지 않거나 중단하는 결정은 임종과정에 있는 환자의 의사가 우선적으로 적용된다. 이러한 환자를 대상으로 하는 연명의료의 의사결정은 환자가 의식이 있는 경우에는 환자 본인이 연명의료에 대한 의사를 직접 서면이나 구두로 표시하거나 사전연명의료의향서와 연명의료계획서를 작성하는 것으로 자기결정을 행사할 수 있다. 반면에, 환자가 사전연명의료의향서나 연명의료계획서를 작성하지 않은 경우에는 환자 가족의 진술로 환자의 의사를 확인하거나 환자가족 전원의 동의로 연명의료중단등결정을 할 수 있다. 그러나 가족이 없거나 가족을 알 수 없는 무연고 환자인 경우에는 입원하기 전에 사전연명의료의향서와 연명의료계획서를 작성하지 않은 상태에서 의사표현을 할 수 없는 의학적 상태로 되면 환자의 의사를 알 수가 없어 환자에 대한 연명의료를 지속해야 할지 중단해야 할지에 대한 결정을 해야 하는 상황이 발생한다. 본 연구는 무연고환자의 경우에 연명의료결정을 위한 정책적 방안을 제시하고자 현행법상 무연고 환자에 대한 논의와 방안 검토했다. 첫째로, 성년후견인제도의 적용을 살펴보았지만, 성년후견인은 신체를 침해하는 의료행위에 대한 동의를 대신할 수 있지만 의료행위의 직접적인 결과로 사망할 수 있는 경우에는 가정법원의 허가를 필요로 하기 때문에 임종과정에 있는 급박한 환자에게는 적절한 방안이라고 할 수 없다. 둘째로, 연명의료결정법 제14조에 따라 의료기관윤리위원회에서 무연고 환자에 대한 연명의료중단등결정에 관한 심의에 대해 살펴보았다. 현행법상에서는 의료기관윤리위원회에서 무연고 환자에 대한 연명의료중단등결정을 할 수 없기 때문에, 개정을 통하여 무연고 환자에 대한 연명의료중단등결정에 대한 사항을 동법 제14조에 반영하거나 무연고 환자에 대한 규정을 따로 신설하여 개정하는 것이 필요하다. 또한 의료기관윤리위원회에서 무연고 환자에 대한 결정해야 하지만, 그런 결정을 하는 것에 대해서 해당 의료기관에서 할 수 없다면, 공용윤리위원회에서 무연고환자의 연명의료중단등결정을 할 수 있도록 법률을 개정할 필요가 있다.

• 한국산업보건학회지
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• 제28권1호
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• pp.18-34
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• 2018

Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

• 시큐리티연구
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• 제6호
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• pp.291-326
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• 2003

The first, Improvement of education training condition Education training is influenced by facilities, environment around. according to questionnaire, it is very poor, we should set up a training institute as soon as possible. The second, Improvement of education training contents In working as special guard, they do not feel the need of curriculums like bayonet fencing, criminal law, and so on. accordingly we should adjust the contents of educaton training. The third, Improvement of education training course People were satisfied with the contents of lectures and educator more than half to some degree, but there was a question of time, communication, contents. we should try to remedy things like this. The fourth, Adjustment of education training time The 60% people of all were not satisfied with the time of education training about new duty. we need to intensify and oversee a duty training and the restructure of training time. The fifth, Fairness of valuation reward and punishment in education training The 80% people of all had the bad feeling against reward and punishment, so we tried to let fairness of valuation, reward and punishment completed by educational institution. The sixth, Establishment of the institution for special guard special guard have to be raised by special institution, but lacking of educational program, educational facility, educational Environment, university took the place of government as institution in raising special guard, education still leave much to be desired. so to develop the industry of a civil security, government or a guard association will set up the school of training, education, system about civil security as a whole. The seventh, Improvement of education training form People have to be taught for 80 hours in education training. according to questionnaire, over 75%people wanted to lodge at education accommodation, so in doing education training, we need to improve a system and form. The eighth, Operation of education training suitable for a characteristic in jobs In the education of 80 hours, common courses will need to be carried out together, depending on class, the object of national facility, inspection and practice will need to be done. maybe this can be the improvement of growing up education training. In the result of the study, we need to build up the satisfaction of education training through a lot of opinion like program, system, circumstances. Keep in mind that the paper was a few of problems because of the limit of the survey of 132 peoples, accordingly we try to collect a survey related with this around country. especially this will need to be asked for harmony between the law and the background of system. in the future, to develop the special guard service, increase the demand of this service, have to raised the expert and the special guard service has to enlarge.

• International Journal of Computer Science & Network Security
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• 제21권2호
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• pp.44-53
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• 2021

The paper proposes to consider information technologies and their application in the educational process as a preparation of presentation material for students of higher educational institutions. The definition and place of information technologies in the educational space are considered. The object of research of this work is the pedagogical technology of presentation of educational information, which substantiates the pedagogical technology of visualization of educational information in higher education, as well as determine its composition and structure. The practical side of pedagogical technology of educational information presentation is considered.