• Title/Summary/Keyword: Legal Management

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Archival Meaning of Legal Evidence (법적 증거의 기록학적 의미)

  • Seol, Moon-won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.219-235
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    • 2022
  • This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

The Impact of the Government's Earthquake Disaster Response Capabilities and the Legal and Institutional Appropriateness of the Disaster Management System on the Operational Performance of Disaster Management : Focused on Fire Officer's Consciousness (정부의 지진재난 대응역량과 재난관리체계의 법·제도적 적절성이 재난관리 운영성과에 미치는 영향 : 소방공무원의 인식을 중심으로)

  • Youn, SeokMin
    • Journal of the Society of Disaster Information
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    • v.16 no.2
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    • pp.318-330
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    • 2020
  • Purpose: In this study, the effect of the government's disaster response capabilities and the legal and institutional appropriateness of the disaster management system on the operational performance of disaster management performance were verified. Method: Questionnaire survey was performed for the fire officials, and the surveyed data was statistically analyzed by using SPSS 25.0 program. Result: The main results of this study are as follows. First, the government's earthquake disaster response capability is found to have a significant effect on disaster follow-up management as well as disaster prevention preparation, which is a factor in disaster management performance. Second, it has been shown that the legal and institutional appropriateness of the earthquake disaster management system has a significant impact on disaster follow-up management as well as disaster prevention preparation, which is a factor of disaster management performance. Conclusion: The important policy implications for improving the operation performance of disaster management could be obtained in preparation for earthquakes in Korea.

Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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A Study on the Regulations of National R&D Performance Management System (국가연구개발 성과관리 법제 운영에 관한 소고)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.17 no.3
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    • pp.519-539
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    • 2014
  • In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.

A Study on the Analysis and Improvement of Public Enterprises' Record Management for the Utilization of Record as Legal Evidence (법적 증거로서 기록의 활용을 위한 공기업 기록관리 현황분석 및 개선방안)

  • Park, Seoin;Kim, Jihyun
    • Journal of Korean Society of Archives and Records Management
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    • v.20 no.2
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    • pp.41-65
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    • 2020
  • Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

A Study on Business Ethics of Competitive Superiority Strategy (경쟁우위 전략에서의 기업윤리에 관한 연구)

  • Yim, Woong-Seok;Kim, Hyung-Joon;Lee, Nae-Hyung
    • Journal of the Korea Safety Management & Science
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    • v.9 no.1
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    • pp.157-174
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    • 2007
  • Corporation had been made by important action rule of business ethics that observes legal standard that is prescribed in each class of administration activity. But it does not keep ethicality of corporation action that conforms law. Law can not include all parts of business ethics because it is forcing essential class for public order preservation and public welfare in right. Moreover, partial corporations are doing to justify unethical action of other evasion of taxes, consultation, manufacturing etc. with legal basis meaning abusing legal standard. For these reason, Insistence that is in point of legal standard and ethical standard is not different each other that is in equal viewpoint is brought.

A study on the legal structure of the nuclear law system using social network analysis (사회 연결망분석을 활용한 법제 네트워크 구조에 관한 연구: 원자력산업의 관계 법령정보를 중심으로)

  • Jeon, Jieun;Lee, Sanghoon
    • Journal of Digital Convergence
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    • v.17 no.8
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    • pp.47-60
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    • 2019
  • The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

A Study on the Improvement of Fire Safety in high-rise Building Construction in Legal aspects (법규적 측면에서 고찰한 고층 건축물 공사현장 화재안전 확보방안)

  • Park, Chan-Seok;Jeong, Il-Kyun
    • Journal of the Korea Safety Management & Science
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    • v.17 no.1
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    • pp.21-32
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    • 2015
  • High rising of the buildings offers a number of risk factors than ever before with regard to fire prevention. Especially in the construction site of high-rise buildings, people waste golden-time during the evacuation because temporary fire fighting facilities are not installed and transferred to a large fire because of fire suppression failure. In this study, the researcher derives the problems of fire protection in high-rise buildings construction sites and proposed the measures in such the legal aspects as fire building construction code and etc. There are the legal improvements such as orders of construction suspension in the problems of fire safety, appointing fire safety manager, temporary fire protection installation standards, enhancing penalty provisions regarding the use of fire, operating self fire brigade, confirming on-site after completing fire-protection facalities, establishment or strengthening special fire-protection investigations.

A Study on the Legal Regulation in the Management of Public Technology (공공기술 관리의 법적 규제)

  • Yun, Jong-Min;Heo, Jeon
    • Journal of Korea Technology Innovation Society
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    • v.9 no.3
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    • pp.578-605
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    • 2006
  • This paper aims to review the regulations in the field of science and technology administration, especially the legal regulations in the management of public technologies. For this purpose, after reviewing the legal system and contents of regulation, analyze and estimate the adequacy and validity of them. So that, in this paper it is layed emphasis on that whether the regulation system is proper in point of legalism or theory of regulation law, and the regulations are appropriate when comparing with that of foreign countries, and the improvement is necessary in operating regulation system itself.

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Legal nature on industrial disasters of students to participate in Co-op program (현장실습 참여학생에 대한 산재시 법적인 성격)

  • Lee, Mooseong
    • Journal of the Korea Safety Management & Science
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    • v.17 no.2
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    • pp.177-182
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    • 2015
  • Many students can experience, such as for credit and social activities through field trips and participate in field trips. For on-site field training exercise participants currently in Gwangju University They take part in field trip 1, 2, 3 and 4 as the type.. Field Practice 1 type in summer and 2 in winter of 4-week period during vacation holidays with 3 credits, field trips 3 type of 8-week period during vacational holidays with 6 credits recognized for \400,000 in job training fee is also payable by the Leaders in INdustry-university Cooperation Agency. 4 types of job training are fourth grade (Architecture Grade 5) can be employed in conjunction for more than 15 weeks and admitted to the second semester of 15 credits by participating in job training. For most schools, but to pay a fee-job training at the University of Hanyang University, Kyungpook National University has a student assistance in the field training participating companies. This establishment does not have a clear idea of the legal entities responsible in the event of industrial accidents. Academic research is also nonexistent state for them. In this paper, we distinguish the personality for it via the existing labor precedents with respect to the legal responsibility of an industrial accident. This aims at putting the means to establish the role of the University of job training support.