• Korea journal of population studies
• /
• v.20 no.2
• /
• pp.99-134
• /
• 1997

The purpose of this study is to examine major factors that affect patterns of living arrangements of older Korean noncitizens in the United States using the 1990 8% Public Use Microdata Sample(PUMS). In order to do so, I analyzed the effects of four factors including acculturation(English proficiency and Age at migration), economic circumstances(Personal Income and Supplemental Security Income: SSI receipt), health status(Mobility and Personal care limitation), and the ethnic community. The results show that acculturation and economic circumstances play an important role in determining the patterns of living arrangements among older Korean aliens, whereas the health status and the ethnic community do not show consistent effects. Regardless of marital status, the impact of age at migration is positively associated with solitary living of older Korean noncitizens, though, the effect of English proficiency show the opposite direction in accordance with marital status. That is, among nonmarried elders, those who cannot speak English are more likely to live alone. The case is reverse for married elders. The impact of economic feasibility is also positively associated with independent living arrangements. Those who receive SSI are much more likely to live apart from family, and elders whose annual personal income between $5, 001 and $10, 000 have the greatest propensity of solitary living-a large proportion of their income source is SSI. Individuals who receive SSI are also qualified to collect Medicaid, food stamps, rent subsidies, and other welfare benefits. In a sense, the economic feasibility provided by welfare benefits is the key determinant of independent living of older Korean noncitizens. Therefore, the recent welfare reform which denies legal aliens welfare benefits such as SSI and food stamps will severly affect the present living arrangements of older Korean aliens, and give economic burden to their family member The findings also show that there are significant differences within the elderly Korean Americans in terms of demographics, income, fertility, health status, and patterns of living arrangements by U.S. citizenship status. In particular, after controlling for age at migration as a proxy for acculturation, there is a statistically significant variation in living arrangements between elderly Korean noncitizens and naturalized citizens. For both theoretical and methodological reasons, future research on minority aging needs to investigate the concept of U.S. citizenship status for its impact on patterns of living arrangements among the minority elderly.

• Korean Journal of Health Education and Promotion
• /
• v.18 no.1
• /
• pp.109-125
• /
• 2001

The purpose of this study was to provide the basic data for establishing school education environment protection measures, on the basis of comparing and analyzing the realities and students' recognition degree of the environment and hygiene around the middle and high schools located in the rural areas. These study data were investigated by the self-administered questionnaires, taking as subject the 805 students in the middle and high schools located rural areas. And the results were as follows: First, as the result of having investigated the distribution degree of harmful environment within the purification zone around schools, it was found out that students responded: within the purification zone around the middle school, there were cartoon rooms (46.2％), electronic game rooms (45.9％), and singing rooms (45.0％). within the purification zone around the high school, there were electronic game rooms (46.3％), singing rooms (42.3％), billiard halls (41.4％), PC rooms (40.1 ％), and Soju-room (35.2％). Secondly, as having analyzed student's recognition degree of the harmful environment around the school, it was found out that middle school students responded that sexual utensils-treating shops (3.74 points) were most harmful, and next corrupted bathhouses (3.52 points), and Soju-room (3.47 points), and high school students also responded relating to harmfulness in a similar sequence. Thirdly, in case of students' recognition degree of the harmful environment around the school according to general characteristics, 1) girl students had a higher ratio of recognition that the environment around the school was harmful than boy students (p〈0.001). 2) groups of students whose living standard was high had a higher ratio of recognition that the environment around the school was harmful than groups of students whose living standard was low (p〈0.05). 3) groups of students whose school was located near the park or the residential street had a higher degree of recognition that the environment around the school was harmful than groups of students whose school was located near the factory or the shopping area (p〈0.01). 4) groups of students whose school was located near the park or the residential street had a higher degree of recognition that the environment around the school was harmful than groups of students whose school was located near the amusement area or the shopping area (p〈0.05). Fourthly, 1) relating to the harmful shops where they experienced most highly the behavior of drinking and smoking, middle school students responded that they did so in the electronic game room (22.5％) and high school students did so in the singing room (31.4％), and high school students had a very high experience ratio of drinking and smoking, compared with middle school students (p〈0.001). 2) relating to the harmful shops where they could get in contact with lewd articles, both of middle school students (5.3％) and high school students (8.3％) responded that they could do so in the video room. 3) relating to the harmful shops where they experienced unsound opposite sex acquaintance, both of middle school students (5.8％) and high school students (16.6％) responded that they did so most highly in hotels, and high school students had a remarkably high experience ratio of unsound opposite sex acquaintance, compared with middle school students (p〈0.05). 4) relating to the harmful shops where they experienced violence, middle school students responded that they did so in the electronic game room (14.0％) and then in the singing room (3.7％), and high school students responded that they did so in the electronic game room (9.3％), the nightclub (4.6％), Soju-room (4.1 ％), and high school students had a remarkably high experience ratio of violence, compared with middle school students (p〈0.05). 5) relating to the harmful places where they experienced drugs both of middle school students (0.8％) and high school students (2.4％) responded that they did so in the hotels. Fifthly, when going to the harmful shops, students had the experience of being guided and regulated roughly 1 time - 2 times, and middle school students (16.4％) and high school students (16.7％) had almost similar experience ratios of being guided and regulated. Conclusively, there was a limit in controlling the environment and purification zone only by legal regulations and institutional controls, the self-control purification effort for the school and the surrounding environment was required greatly, in order to protect students from harmful environment. In addition, the constant study to establish the educational environment purification measures must be carried out.

• Korean Security Journal
• /
• no.29
• /
• pp.163-191
• /
• 2011

Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

• Journal of Legislation Research
• /
• no.53
• /
• pp.593-631
• /
• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• Journal of Legislation Research
• /
• no.44
• /
• pp.571-610
• /
• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• Journal of Wetlands Research
• /
• v.23 no.4
• /
• pp.327-341
• /
• 2021

The riparian eco-belt is an efficient technique that can reduce non-point pollution sources in the basin and improve ecological connectivity and health. In Korea, a legal system for the construction and management of riparian eco-belts is in operation. However, it is currently excluded that rivers and floodplains in dam reservoir that are advantageous for buffer functions such as control of non-point pollutants and ecological habitats. Accordingly, this study presented and analyzed a plan to select a site for an integrated riparian ecol-belt that comprehensively evaluates the water quality and ecosystem characteristics of each dam floodplain and riparian zone for the Daecheong Dam basin in Geum River watershed. First, the Daecheong Dam basin was divided into 138 sub-basin with GIS, and the riparian zone adjacent to the dam floodplain was analyzed. Sixteen evaluation factors related to the ecosystem and water quality impact that affect the selection of integrated riparian eco-belt were decided, and weights for the importance of each factor were set through AHP analysis. The priority of site suitability was derived by conducting an integrated evaluation by applying weights to sub-basin by floodplains and riparian zone factors. In order to determine whether the sites derived through GIS site analysis are sutiable for actual implementation, five sites were inspected according to three factors: land use, pollution sources, and ecological connectivity. As a result, it was confirmed that all sites were appropriate to apply integrated riparian ecol-belt. It is judged that the riparian eco-belt site analysis technique proposed through this study can be applied as a useful tool when establishing an integrated riparian zone management policy in the future. However, it might be necessary to experiment various evaluation factors and weights for each item according to the characteristics and issues of each dam. Additional research need to be conducted on elaborated conservation and restoration strategies considering the Green-Blue Network aspect, evaluation of ecosystem services, and interconnection between related laws and policy and its improvements.

• Journal of Climate Change Research
• /
• v.3 no.1
• /
• pp.71-88
• /
• 2012

The global warming is probably the most significant issue of concern all over the world and according to the report published by the Intergovernmental Panel on Climate Change (IPCC), the average temperature and extent of global warming around the globe have been on the rise and so have the uncertainty for the future. Such effects of global warming have adverse effects on basic foundation of the mankind in numerous ways and water resource is no exception. The researches on water resources assessment for climate change are significant enough to be used as the preliminary data for researches in other fields. In this research, a total of 124 peer-reviewed publications and 57 reports on the subject of research on climate change related to water resources, that has been carried out so far in Korea has been reviewed. The research on climate change in Korea (inclusive of the peer-reviewed articles and reports) has mainly focused on the future projection and assessment. In the fields of hydrometeorology tendency and projection, the analysis has been carried out with focus on surface water, flood, etc. for hydrological variables and precipitation, temperature, etc. for meteorological variables. This can be attributed to the large, seasonal deviation in the amount of rainfall and the difficulty of water resources management, which is why, the analysis and research have been carried out with focus on those variables such as precipitation, temperature, surface water, flood, etc. which are directly related to water resources. The future projection of water resources in Korea may differ from region to region; however, variables such as precipitation, temperature, surface water, etc. have shown a tendency for increase; especially, it has been shown that whereas the number of casualties due to flood or drought decreases, property damage has been shown to increase. Despite the fact that the intensity of rainfall, temperature, and discharge amount are anticipated to rise, appropriate measures to address such vulnerabilities in water resources or management of drainage area of future water resources have not been implemented as yet. Moreover, it has been found that the research results on climate change that have been carried out by different bodies in Korea diverge significantly, which goes to show that many inherent uncertainties exist in the various stage of researches. Regarding the strategy in response to climate change, the voluntary response by an individual or a corporate entity has been found to be inadequate owing to the low level of awareness by the citizens and the weak social infrastructure for responding to climate change. Further, legal or systematic measures such as the governmental campaign on the awareness of climate change or the policy to offer incentives for voluntary reduction of greenhouse gas emissions have been found to be insufficient. Lastly, there has been no case of any research whatsoever on the anticipated effects on the economy brought about by climate change, however, there are a few cases of on-going researches. In order to establish the strategy to prepare for and respond to the anticipated lack of water resources resulting from climate change, there is no doubt that a standardized analysis on the effects on the economy should be carried out first and foremost.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.3-38
• /
• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.235-268
• /
• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• The Korean Journal of Archival Studies
• /
• no.18
• /
• pp.139-178
• /
• 2008

The functional requirements standards for electronic records management systems which have been published recently describe the specifications very precisely including not only core functions of records management but also the function of system management and optional modules. The fact that these functional requirements standards seem to be similar to each other in terms of the content of functions described in the standards is linked to the global standardization trends in the practical area of electronic records. In addition, these functional requirements standards which have been built upon with collaboration of archivists from many national archives, IT specialists, consultants and records management applications vendors result in not only obtaining high quality but also establishing the condition that the standards could be the certificate criteria easily. Though there might be a lot of different ways and approaches to benchmark the functional requirements standards developed from advanced electronic records management practice, this paper is showing the possibility and meaningful business cases of gaining useful practical ideas learned from imaging electronic records management practices related to the functional requirements standards. The business cases are explored central functions of records management and the intellectual control of the records such as classification scheme or disposal schedules. The first example is related to the classification scheme. Should the records classification be fixed at same number of level? Should a record item be filed only at the last node of classification scheme? The second example addresses a precise disposition schedule which is able to impose the event-driven chronological retention period to records and which could be operated using a inheritance concept between the parent nodes and child nodes in classification scheme. The third example shows the usage of the function which holds or freeze and release the records required to keep as evidence to comply with compliance like e-Discovery or the risk management of organizations under the premise that the records management should be the basis for the legal compliance. The last case shows some cases for bulk batch operation required if the records manager can use the ERMS as their useful tool. It is needed that the records managers are able to understand and interpret the specifications of functional requirements standards for ERMS in the practical view point, and to review the standards and extract required specifications for upgrading their own ERMS. The National Archives of Korea should provide various stakeholders with a sound basis for them to implement effective and efficient electronic records management practices through expanding the usage scope of the functional requirements standard for ERMS and making the common understanding about its implications.