• Journal of Intelligence and Information Systems
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• v.28 no.4
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• pp.41-59
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• 2022

The timely procurement of military supplies is essential to maintain the military's operational capabilities, and contract work is the first step toward timely procurement. In addition, rapid signing of a contract enables consumers to set a leisurely delivery date and increases the possibility of budget execution, so it is essential to improve the contract process to prevent early execution of the budget and transfer or disuse. Recently, research using big data has been actively conducted in various fields, and process analysis using big data and process mining, an improvement technique, are also widely used in the private sector. However, the analysis of contract work in the military is limited to the level of individual analysis such as identifying the cause of each problem case of budget transfer and disuse contracts using the experience and fragmentary information of the person in charge. In order to improve the contract process, this study analyzed using the process mining technique with data on a total of 560 contract tasks directly contracted by the Department of Finance of the Air Force Logistics Command for about one year from November 2019. Process maps were derived by synthesizing distributed data, and process flow, execution time analysis, bottleneck analysis, and additional detailed analysis were conducted. As a result of the analysis, it was found that review/modification occurred repeatedly after request in a number of contracts. Repeated reviews/modifications have a significant impact on the delay in the number of days to complete the cost calculation, which has also been clearly revealed through bottleneck visualization. Review/modification occurs in more than 60% of the top 5 departments with many contract requests, and it usually occurs in the first half of the year when requests are concentrated, which means that a thorough review is required before requesting contracts from the required departments. In addition, the contract work of the Department of Finance was carried out in accordance with the procedures according to laws and regulations, but it was found that it was necessary to adjust the order of some tasks. This study is the first case of using process mining for the analysis of contract work in the military. Based on this, if further research is conducted to apply process mining to various tasks in the military, it is expected that the efficiency of various tasks can be derived.

• Journal of Environmental Policy
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• v.6 no.2
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• pp.71-96
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• 2007

This study aimed at effectively applying the IUCN category system to the protected areas in Korea. In addition, in order to change IUCN category of national parks to IUCN category II and to review the application of IUCN category classification key, a case study was conducted in Sobaeksan National Park. In order to apply the IUCN category system to the protected areas in Korea, a flexible approach appropriate to characteristics in Korea is required for management objectives of protected areas, including protection of wildemess, sustainable use of resources and preservation of cultural and traditional features. In addition, considerations of restrictions on use area and use districts, relative comparison of use types (visit, use of resources, residence) by IUCN category and use of combined classifications are necessary. Principles for the application of the IUCN category include (1)exclusion of wilderness protected areas (Ib), (2) extremely limited use regarding the sustainable use of natural resources(sum of natural preservation area and natural environment area is over 95%), (3) considerations of management conditions, including residential occupation level, (4) preservation of ecosystem services, and (5) use of combined classifications. In addition, in accordance with these principles, IUCN category classification key was suggested. When this was applied to the case study area, Sobaeksan National Park was classified as IUCN Category II and Taxus cuspidata community, which is designated as a natural monument, was classified to be Category Ia. Classification key suggested in this study may be used as basic data for applying categories in the future. Since detailed review on the practical improvement direction of laws and regulations and systematic alternatives, which are required before introducing IUCN category, are poor, in order to manage the protected areas efficiently by applying the IUCN category in the future, studies on management means appropriate to the conservation objectives of each category are necessary. This would allow management differentiated for each category.

• Korean Journal of Heritage: History & Science
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• v.57 no.2
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• pp.144-166
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• 2024

The Cultural Heritage Committee is an important organization that has been deliberating on important matters related to the preservation of cultural properties in the Republic of Korea for more than 60 years since 1962. The Cultural Heritage Preservation Committee was active in 1961, which was a short period of about a year, but the minutes prepared at the time confirmed that it had the following meanings. First of all, legally, it was meaningful in that the concept of cultural property or intangible cultural property was used for the first time in Korea in laws and regulations on the term of office of professional members. These matters became the basis for the operation of the current Cultural Heritage Protection Act and the Cultural Heritage Committee. The following confirms that, unlike previously known activities, they were active despite political upheaval at the time. In spite of rapid regime change at the time, the committee had no change in its members, and the meetings continued without interruption. At that time, there was an exclusive relationship between different groups in relation to the preservation of cultural heritage, and this relationship was confirmed by the minutes that disappeared with the establishment of the Cultural Heritage Management Bureau, which integrated these groups. Finally, the form of the minutes prepared then shows the form of documentation at the time, where it is confirmed that the traditional documentation format is changing into a new form. It can be good research material in terms of modern and contemporary bibliography. As discussed earlier, the Cultural Heritage Conservation Committee of 1961 has historical significance in terms of legal and actual activities. The reason why the committee's activities were low valued is presumed to be that the minutes and related documents prepared at the time were not organized well due to the lack of a related administrative system. The minutes of the Cultural Heritage Conservation Committee record various facts about cultural heritage policies and decisions at that time. Therefore, analysis and research on these contents can reveal more facts about the cultural heritage policies and perceptions of that time.

• Korean Journal of Heritage: History & Science
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• v.54 no.4
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• pp.260-285
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• 2021

This article deals with the current status of investigation of the royal tombs of Baekje (Gongju Songsan-ri Tomb, Buyeo Neungsan-ri Tomb, Iksan Ssangneung) from the Japanese colonial period to the present. A review of the maintenance status is also conducted to see if the survey content was actually reflected in the restoration maintenance of the ruins. First, the structure scale and characteristics of the royal tombs of Baekje during the Woongjin and Sabi periods were identified by examining the survey content organized by period and feature. Through the recent re-excavation survey, it was confirmed that the results of the research during the Japanese colonial period were being verified. Next, before examining the maintenance status of the Baekje royal tombs, related content about maintenance of laws and regulations were extracted to establish the maintenance standards. It was confirmed that the most importance part of maintenance is 'maintenance of the original form' without compromising the authenticity of cultural properties. Based on these criteria, the maintenance status was reviewed. The main part of the burial tomb is located underground, so maintenance is mainly made around the tomb, which is the upper structure. However, most of the original burial mounds have been lost or damaged, so it is difficult to determine their original form. In fact, constant changes in the size and location of tombs from the Japanese colonial period to the present were confirmed in the Songsan-ri and Neungsan-ri tombs, meaning that the current maintenance status is problematic. On the other hand, in the case of Ssangneung, not only are the tombs relatively intact, but there are also few changes in the records, so it seems that maintenance was carried out that preserved the original form of the tombs. Therefore, the maintenance of tombs in the future should be based on 'maintaining the original form', but it is recommended that the 'education and utilization' plan be prepared after determining whether or not to restore the tomb and the degree of restoration.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• Journal of Animal Environmental Science
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• v.18 no.2
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• pp.111-122
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• 2012

Establishment of the LFQC (Liquid Fertilizer Quality Certification) system is very urgent issue for recycling livestock manure as renewable resources in Korea faced with environmental problem of manure application to land due to intensive livestock farming. In this study, we investigated relevant laws and regulations on livestock manure fertilizer, certifications of eco-friendly agricultural products, government policies on livestock manure management to establish reasonable direction of Korean LFQC (Liquid Fertilizer Quality Certification) system. As a result from this study, the liquid fertilizers in 'LFQC' system could be classified as three levels according to the usage patterns in field; 1st. Individual Farm Level (IFL), 2nd. Joint Farm Level (JFL), and 3rd. Commercial Level (CML). And finally, we found some characteristics in 'Main Level-Grading Factors' of liquid fertilizer such as fertilizing value, harmfulness, stability, uniformity, economic effect, storage potential, commercial value, functionality. Those items were considered to be the key factors for the establishment of 'LFQC' system. More research on 'Evaluation Standards' for concrete guideline and on the 'Main Level-Grading Factors' be needed to complete Korean LFQC system.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.6
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• pp.85-96
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• 2018

Developed nations have implemented various policies to reduce greenhouse gases since the 1997 Kyoto Protocol in order to minimize the effects of global warming. Korea should also reduce energy consumption in the industrial sector, and the transportation and building sectors in order to achieve its greenhouse gas reduction target of 37 percent compared to the Business As Usual levels. The government implements various laws and regulations for reducing energy consumption. To reduce energy consumption in the building sector, in particular, the Energy Conservation Design Standards are enforced according to the 'Enforcement Support for Green Building Construction'. The amount of electricity used to maintain room temperature at $28^{\circ}C$ in these buildings have a 30% reduction (measured on the walls and rooftop) in power usage compared to buildings not required to meet these standards. Although the effect of these energy savings on landscaping is proven, this demonstration is not effective for energy saving since it is not a suitable method for the 'Energy Saving Design Standards of Buildings'. For landscaping to be effective as far as a component of energy reduction, the perfusion rate of the building should be calculated based on the thermal conductivity of the component materials for the energy saving designs with respect to the basis of Article 14 of the Green Building Act. Therefore, the purpose of this study is to ensure that the planting-based mats currently being widely used in the landscape industry can have insulating performance suitable for the 'Energy Saving Design Standards' of Buildings according to the 'Enable Green Building Construction Methods'.

• 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.