• Title/Summary/Keyword: Law enforcement

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Problems of the Radiation Safety Management System and Legal Improvement Plans in the Department of Radiological Science: Focusing on the survey of the head of the Department of Radiological Science (방사선(학)과 방사선 안전관리제도의 문제점과 법적 개선방안: 전국 방사선(학)과장 설문조사를 중심으로)

  • Hyun-Jung, Lee;Chang-Gyu, Kim;Man-Seok, Han;Cheol-Ha, Baek
    • Journal of the Korean Society of Radiology
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    • v.16 no.7
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    • pp.815-824
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    • 2022
  • The current radiation safety management system is also applied to radiation practices at universities. The application of the law raised concerns about poor radiation practice education and hindering the development of radiology. Accordingly, the Korean Radiology Professors Association needed to grasp the reality of the management system for radiation practice education at each university and the current radiation safety management system in the department of Radiological science. So, a survey was conducted on heads of radiological science departments across the country. Through the survey, it was found that the current application of the Nuclear Safety Act to radiation safety management in the department of Radiological science is excessively restrictive and not very effective. In addition, radiology practice education for the purpose of training health and medical professionals should be controlled by the Ministry of Health and Welfare and the Korea Centers for Disease Control, but there is a problem of being supervised by the Nuclear Safety and Security Commission. Therefore, in this study, as a legal improvement plan to solve this problem, first, a plan according to a partial amendment to the Higher Education Act, second, a plan to be supervised by the Ministry of Health and Welfare through the amendment of article 37 of the Medical Service Act, third, article 20-2 of the Enforcement Decree of the Medical Service Technologists Act was newly inserted to propose three measures to be supervised by the Ministry of Health and Welfare.

A Study on the Classification and Characteristic of Sufferings in Daesoonjinrihoe (대순진리회 고통론의 유형화와 특징)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.25_2
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    • pp.1-43
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    • 2015
  • Daesoonjinrihoe perceives that human suffering is caused not only by mental factors but also by the cosmic principle of Mutual Overcoming more fundamentally. The relationship influenced among all things in the universe is Mutual Beneficence and Mutual Overcoming. If these relations are properly cooperated in harmony, all things will reveal their energetic existence in a balanced state, however, if one side, particularly, Mutual Overcoming becomes excessive, indeed, it will cause trouble. That is, the sentient beings that are inclined to excessive Mutual Overcoming rather than indispensable Mutual Overcoming make grievances among themselves and cumulate them. In the end, heaven and earth lose its constant Way[常道], leading the sentient beings to all kinds of agonies. However, it may be a problem if every agony is depicted with Mutual Overcoming, that is, one single fixed frame, because Mutual Overcoming has to be interpreted diversely according to the circumstances. Thus, it is not possible to explain precisely about the agony if not understanding its spectrum. This study analyzed the ways how Daesoonjinrihoe explains the aspects of reasons and solutions to a variety of agonies. In the Supreme Scripture of Daesoonjinrihoe, the reasons for agony vary: first, it is caused by Mutual Overcoming of the cosmos itself, which is irrelevant to human beings. Secondly, man can be victimized because of Mutual Overcoming caused by man. Thirdly, there is a case of a victim who is damaged due to Mutual Overcoming caused by the other. Fourthly, man can be victimized because of Mutual Overcoming caused by someone else's unintended deeds. Fifthly, there is a case of man having agony in return when he, as a perpetrator, hurt others or resolve his inappropriate desires. Sixthly, man's deed unintendedly became a sin and have agony in return. Seventhly, man can be a self-perpetrator, conceiving vain desire, obsession and grievance. Eightly, there is a case of man having agony during enforcement of the law or practice of justice. Ninthly, man needs to endure agony during self-cultivation, enacting Reordering of the Universe(天地公事), ritual practice, promotion of fortune, and test. However, it is important to make sure that the reason for agony can interact with not only one but also diverse models in real situation. These nine models are included in the category of Mutual Overcoming; but, these cannot be classified in a single term, Mutual Overcoming because much information will be hidden, only to make it difficult to explain about agony more precisely. There are some characteristic observed in the concept of agony in Daesoonjinrihoe as follows: first, reasons for agony are caused by Mutual Overcoming although Mutual Overcoming can be interpreted differently according to the circumstances. Secondly, Daesoonjinrihoe makes a positive valuation for some agony. Thirdly, the solution to overcome a agony is brought to a conclusion, that is cultivation practice of Daesoonjinrihoe. Fourthly, the experience of agony and solution in Daesoonjinrihoe sometimes lie in the unit of family beyond individual. Fifthly, in the painful situation resulted from vain desire and obsession, Daesoonjinrihoe suggests a solution called Mutual Beneficence. That is, it emphasizes not only self-control but also active practice of considering others.

Prospects of cross-strait relaions after the 20th National Congress of the Communist Party of China (중국공산당 제20차 전국대표대회 이후 양안관계 전망)

  • Wonkon Kim
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.1
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    • pp.161-168
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    • 2023
  • Recently, China-Taiwan relations are facing a crisis, and at the same time, the U.S.-China relationship and the structure of Northeast Asia are greatly shaken, so we should pay attention to changes in cross-strait relations. This study aims to predict how cross-strait relations will change after the party convention by analyzing Xi Jinping's Taiwan policy, focusing on the "Political Report" of the 20th party convention and the content analysis of leadership personnel. The results of the study are as follows. First, as the amendment to the party constitution announced after the closing of the party convention stipulates the possibility of armed invasion, Xi Jinping will implement a tough Taiwan policy emphasizing unification. Second, strategic competition with the United States will continue to intensify in the future when analyzing the contents of Chapters 2, 11, 13, and 14 of the "Political Reporting" and the personnel management of diplomatic and security leadership. As a result, cross-strait relations are expected to show instability for a considerable period of time. Third, at a time when Taiwan rejects the unification plan of "one country, two systems" and the tendency to de-Chineseize is strengthening, there is a possibility that legislation or specific enforcement ordinances will be enacted to strengthen the existing "Anti-Secession Law." Fourth, it is expected that strong and warm two-sided strategies will be used together, such as taking a strong response to external forces interfering with the Taiwan issue and Taiwan independence forces, and using incentives for the Kuomintang(KMT) and Taiwanese who are friendly to unification.

Study on Improvement of Status Survey Form for the Effective Management of Grassland (초지법에서 초지의 사후관리를 위한 실태조사서 개선방안)

  • Byung Ku Yoon;Ji Yung Kim;Kyung Il Sung;Byong Wan Kim
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.44 no.1
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    • pp.30-39
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    • 2024
  • The current survey form of grassland has not played its role in managing the grassland effectively because of the ambiguous questionnaire items and the absence of method and time of the investigation. Therefore, this study was conducted to clarify and add the items for effective of grassland management. The survey form of grassland was regulated in Article 16 of the Enforcement Rules of the Grassland Act (Survey on Grasslands Management Status, etc.). The five contents that needed improvement were the grassland owner, the survey timing and method of established grassland, grassland used livestock, grassland usage condition, and grassland grade. In the improved survey form of grassland, the grassland owner was changed to the grassland manager. In addition, 'Survey by each land' was added to the improved survey form in which the managers can survey each land. The dimension of each grassland establishment method was deleted in the grassland establishment time and method. In the livestock using grassland, the number of livestock and the area where livestock are used were added, and the number of other livestock was added, too. The grassland grade was decided as the combined score by three evaluation categories; grassland usage, the ratio of forage production in grassland and kinds of forage. The high, middle, and low grades were over 8, 6~7, and under 5 points in the combined score, respectively. The results show that the changed survey form of grassland can make grassland management more efficient by materializing the subject of grassland management and the survey terminology and methods.

International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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The Characteristic of Shang Yang's Legal Reforms and Thought - Focusing on the application of the three-step theory of norms - (상앙의 변법과 법치사상의 특성 - 규범 3단계설의 적용을 중심으로 -)

  • Lee, Jong-sung
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.333-356
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    • 2018
  • Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

A Proposal on the Improvement of Obstacle Limitation Surface and Aeronautical Study Method (장애물 제한표면과 항공학적 검토방법의 제도 개선에 관한 제언)

  • Kim, Hui-Yang;Jeon, Jong-Jin;Yu, Gwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.159-201
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    • 2019
  • Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

A Study on Minimum Cabin Crew Requirements for Korean Low Cost Air Carriers

  • Yoo, Kyung-In;Kim, Mun-Kyung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.291-314
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    • 2018
  • In recent 3 years, Korea's low-cost airlines have expanded their areas of passenger transportation not only to domestic market but also to Japan, China, Southeast Asia and US territory as a total of 6 companies (8 airlines including small air operation business carriers). Currently, three more airlines have filed for air transportation business certification as future low-cost carriers, and this expansion is expected to continue. To cope with the aggressive airline operations of domestic and foreign low-cost carriers and to enhance their competitiveness, each low-cost airline is taking a number of strategies for promoting cabin service. Therefore, the workload of the cabin crew is increased in proportion to the expansion, and the fatigue directly connected with the safety task performance is increased. It is stipulated in the Enforcement Regulations of the Korea Aviation Safety Act that at minimum, one cabin crew is required per 50 passenger seating capacity, and all low cost carriers are boarding only the minimum cabin crew. Sometimes it is impossible for them to sit in a floor level emergency exit for evacuation, which is the main task of the cabin crew, and this can cause confusion among evacuating passengers in the event of an emergency. In addition, if one of the minimum cabin crew becomes incapacitated due to an injury or the like, it will become a serious impediment in performing emergency evacuation duties. Even in the normal situation, since it will be violating the Act prescription on the minimum cabin crew complement, passengers will have to move to another available airline flights, encountering extreme inconvenience. Annex 6 to the Convention on International Civil Aviation specifies international standards for the determination of the minimum number of cabin crew shall be based only on the number of passenger seats or passengers on board for safe and expeditious emergency evacuation. Thereby in order to enhance the safety of the passengers and the crew on board, it is necessary to consider the cabin crew's fatigue that may occur in the various job characteristics (service, safety, security, first aid)and floor level emergency exit seating in calculating the minimum number of cabin crew. And it is also deemed necessary for the government's regulatory body to enhance the cabin safety for passengers and crew when determining the number of minimum cabin crew by reflecting the cabin crew's workload leading to their fatigue and unavailability to be seated in a floor level emergency exit on low cost carriers.