• Title/Summary/Keyword: Legal and Institutional Appropriateness

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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.

A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.175-204
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    • 2018
  • Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

Evaluation of Introducing Feasibility of Blockchain Technology to Food Safety Management Network (식품안전관리망 강화를 위한 블록체인 기술 도입의 적절성 평가)

  • Kwon, So-Young;Min, Kyong-Se;Cho, Seung Yong
    • Journal of Food Hygiene and Safety
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    • v.34 no.5
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    • pp.489-494
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    • 2019
  • The appropriateness of introducing blockchain technology into food safety management systems was evaluated by conducting a survey of experts on the effectiveness and constraint evaluation indicators, and a portfolio analysis was conducted to set the priorities of blockchain application. The food safety management activities considered in this study were issuing documents on food import/export, food hygiene rating scheme, civil complaint management in the food sector, food- related certification, risk information management, and food traceability systems. The sectors that can be expected to be effective in the introduction of blockchain technology were food- related certification, food hygiene rating scheme, risk information management, and issuing documents on food import/export. In the case of food traceability systems and civil complaint management, the introduction of blockchain technology was not recommended due to ineffectiveness. From the evaluation of the constraints (e.g., technical limits, cost, legal amendment, personal information disclosure, timeliness, and ease of connection) to be overcome when introducing blockchain into food safety management, it was found that there are more than average constraints in all six areas. In particular, the food traceability system was evaluated to have the most constraints. Issuing documents on food import/export is very effective with the introduction of blockchain technology, but due to high cost and legal restrictions, it is necessary to improve the institutional system in order to introduce blockchain. Among the evaluation sectors, food- related certification, food hygiene rating scheme, and risk information management on foods were suitable for preferentially adopting blockchain technology since these areas might experience greatly improved reliability and transparency through the introduction of blockchain, with relatively low constraints.

The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.3-35
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    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

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