• Title/Summary/Keyword: Legal case

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A study on indicator & criteria for assessment of river environmental naturalness -focused on biological characteristics (하천환경 자연도의 평가지표 및 기준 연구 - 생물적 특성을 중심으로)

  • Chun, Seung Hoon
    • Journal of Korea Water Resources Association
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    • v.52 no.spc2
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    • pp.765-776
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    • 2019
  • The purpose of this study is to provide the legal and institutional guidelines and standards that can be used in the whole river restoration project and to analyze and evaluate the performance of the river project. We constructed an assessment system of four biological taxa that can represent the river environments, namely, evaluation indexes and standards of vegetation and birds, benthic invertebrates and fishes. Specifically, the assessment indicator and criteria of biological characteristics are summarized, so that in case of vegetation community, vegetation diversity, vegetation complexity, and vegetation naturalness can be quantitatively assessed through the combination of three indices. Based on the scientific basis of the advanced techniques, benthic invertebrates, fishes, and birds were proposed to quantitatively evaluate assessment grades according to the classification of biological data. In order to evaluate biological characteristics, which are a part of river environmental naturalness, we proposed a comprehensive biological index and evaluation grade applying the weight of these four biological taxa, and it clearly reflects the characteristics of river environment in test bed.

Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

Review of Assessment Criteria for Sustainable Outdoor Space Responding to Climate Change (기후위기 대응 외부공간의 지속가능성 평가지표의 검토 및 고찰)

  • Chun, Seung-Hoon;Chae, Soo-Kwon
    • Journal of Environmental Impact Assessment
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    • v.30 no.6
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    • pp.393-412
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    • 2021
  • This study examines the assessment systems of LEED v4.1, an eco-friendly building evaluation system in the United States, and SITE v2, an assessment system for sustainable outdoor spaces, and then compares and examines them from the perspective ofrelevant laws and institutional guidelines and standards in Korea. The conclusion is as follows. First, the US eco-friendly certification system basically not only establishes an independent evaluation system according to the field of expertise, but also provides a sustainable city and community through response to the climate crisis and the comfort of the external space environment. It can be evaluated that securing the quality of life of healthy and happy city dwellers is the top priority. Second, Korea's Green Building Certification System (G-LEED) was basically based on the American LEED system, but it was judged that there was a fundamental difference. It was judged that there is a limitation in not being able to achieve an integrated approach through the participation of various expert groups and stakeholders, but also in the accumulation of more scientific and reliable data and information through the application of cutting-edge information and communication equipment. Third, in the case of external space in Korea, a sustainable assessment system has not been established, and not only is it dispersed in various legal and institutional guidelines, but also its effectiveness is judged to be very low. Therefore, it is judged that it is urgent to introduce and secure the applicability of SITES v2, a sustainable outdoor space assessment system in the United States. It was judged that the effectiveness should be secured through the upward adjustment of the minimum Ecological Area Ratio.

A Life-History Approach to the Practice of Early Marriage in Ethiopia (에티오피아의 조혼 관습에 대한 생애사적 접근)

  • Seol, Byung-Soo
    • Cross-Cultural Studies
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    • v.42
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    • pp.69-106
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    • 2016
  • Early marriage in contemporary society has brought about many problems. The practice is encouraged by gender inequality, poverty and social norms. It reproduces social power imbalances including increased economic vulnerability of women, low educational attainment of girls, gender inequality at home and in the labor market, physical and sexual violence against women and their health problems. The Ethiopian government increased the minimum legal age of marriage for women from 15 to 18 years, by revising its family code in 2000 and newly adopting a criminal law in 2005 that includes punishment against any harmful tradition. Nonetheless, early marriage is still widely practiced in many parts of rural Ethiopia. This is because the practice has long been embedded and deeply rooted in the lives of the people. Earlier literature on early marriage in Ethiopia tends to focus only on women's experiences and regard that all early-married people, particularly women, are unhappy with their lives. This paper attempts to explore the issue of early marriage through voices of people with diverse socioeconomic backgrounds, in order to address the limitations of the previous literature. This article aims at examining why early marriage has occurred in Ethiopia and how it has affected family life and women's educational attainment, focusing on the case of Meki town. As seen from this study, it is true that early marriage generally had negative influences on the lives of women. However, it is equally true that some men are also victims of the practice while some women have improved their lives by means of it. This implies that we need to listen to the voices of diverse people when we examine early marriage.

Disclosure of Digitalized Information by Public Agencies (정보공개의 새로운 지향 - 전자정보공개제도(電子情報公開制度)를 중심으로 -)

  • Kyoung, Keon
    • The Korean Journal of Archival Studies
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    • no.5
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    • pp.111-148
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    • 2002
  • Digitalization of public administration information shall be accelerated more. When information exists both in the form of electronic and paper record, even the disclosure of paper record make it possible the access to public administration information itself, but there may some needs for the disclosure of electronic record in applicant's situation. Similarly, when only electronic record exists, there may be some problem about whether to disclose the record as print-out or as being electronic format itself. Thus, the method and format of disclose are very sensitive issues, and it is very important to clarify who has the competence to decide the method and format of disclosure, applicant or the public agency. In making any record available to an applicant under the EFOIA in America, the public agency shall provide the record in any form or format requested by the applicant, if the record is readily reproducible by the agency in that form or format. And for the convenience of the applicant with sensory disability, the AIA in Canada also permits the right to access to information in an alternative format. It is desirable also in our country that disclosure of information is done by public agencies in the format that applicant wants, as possible. In the meantime, we should consider the costs and technological restrictions corresponding to the change of format of information to the format that applicant specifies. In the case of electronic record, efforts required for searching cause some hard problems. Information disclosure system requires disclosure of record that exists at the demand point, and creation of new record that does not exist at that them is not required on the public agency. For the search of electronic information, we need some code or program. So, if we evaluate that act of coding or programming as creation of new record, demand on disclosure of electronic record becomes impossible, in fact. Therefore, when we include electronic record as the object of information disclosure system, we need to clarify the degree of reasonable efforts for searching the information included in that record, as long as possible, although it is very difficult problem. Also, we should consider the way to make it permitted to demand the disclosure of electronic record by FAX or E-mail. Disclosure of electronic record itself by E-mail is not generalized yet, even in America or Canada. There are many technological and legal problems to solve, before permitting or enforcing the disclosure of electronic record by E-mail. But, it is desirable to expand the method of disclosure to including disclosure by E-mail in possible spheres. Also, as well as disclosure on demands, we need to expand electronic access to information, so far as possible, in the process of information offer.

Supporting plan of disabled welfare center for the Disabled in Securing the Maternity Rights (Pregnancy·Childbirth·Child Rearing) of Disabled Women from a Gender-Sensitive Perspective (성인지적 관점의 여성장애인 모성권(임신과 출산,자녀양육)보장을 위한 장애인복지관의 역할)

  • Choi, Sun-kyoung
    • Journal of Digital Convergence
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    • v.16 no.12
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    • pp.97-107
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    • 2018
  • According to the 2017 national survey of the disabled persons conducted by the Ministry of Health and Welfare, rehabilitation centers for the disabled appeared to be the service agency that disabled women use the most. This means that rehabilitation centers for the disabled hold an important role in securing the maternity rights of disabled women. However, in the practice of welfare for the disabled, programs for securing maternity rights are inadequate, and the actual condition is not being surveyed. As a result, programs related to maternity rights based on the legal basis exist, but actual support services for resolving the difficulties related to maternity rights that disabled women experience are inadequate. Thus, the study suggests that rehabilitation centers for the disabled should pay a central role in establishing the maternity rights of disabled women and provide support services such as developing a manual on basic information about pregnancy, childbirth, and child rearing, offering childbirth-related counseling, activating a self-help group, providing an individualized program for families, connecting with medical institutions, and supporting case management.

A Study on Early Childhood Teachers' Perception and Practice on Technology Leadership (테크놀로지 리더십에 대한 유아교사의 중요도 및 실행도 인식)

  • Jung, Ji-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.3
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    • pp.82-90
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    • 2019
  • The purpose of this study was to examine early childhood teachers' importance and performance of technology leadership. A survey was conducted on 205 early childhood teachers. Borich's needs model was used to calculate their needs. In the area of director leadership and vision, the early childhood teachers felt the most need for opportunities to participate in conferences or training programs related to the educational utilization of technology. In the area of teaching-learning methods, they called the most for better ways to take advantage of technology considering the characteristics of the activity areas and activity types. In the area of teaching professionalism, the items they asked for the most were building confidence over the educational utilization of technology and case studies of superior teaching and learning. In the area of institutional support, they felt the most need for assistant human resources who could assist in solving possible problems using technology. In the area of evaluation, they called the most for the development of a variety of evaluation tools and methods. Finally, the item they called for the most in the area of social, ethical, and legal support from the institutions to which they belonged was the preparation of guidelines on how to be in good health in times of using technology.

Suggestion of Zoning Criteria Based on the Assessment System for River Environment (하천환경 평가체계의 구축에 따른 지구 지정 기준의 검토 및 제안)

  • Chun, Seung-Hoon
    • Journal of Environmental Impact Assessment
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    • v.27 no.6
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    • pp.647-657
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    • 2018
  • This study was carried out to review as criteria for zoning at management plan for river restoration, in case of naturalness of river environment and suitability of water friendly activity suggested at assessment system of river environment in Korea. As a result of reviewing law and guidelines concerned, historic & cultural resources used as criteria for preservation zone, it was judged that the historical and cultural value as the preservation zone needs to be examined in connection with waterfriendly activity zone. In this study, we propose a sequential evaluation method to distinguish the waterfriendly activity zone by applying suitability of waterfriendly activity reflecting land use social characteristics, followed division of preservation and restoration zone at the first stage by the naturalness of river environment reflecting the natural environmental characteristics as a result of application to the test bed, Gap and Yudeung streams. In particular, it was concluded that the results of the present study provided more clear criteria for the problem that the last criteria for zoning did not reflect the difference between the left and the right side of stream, or the designation of the excessive water friendly zone. On the other hand, the criteria for designation in this study reflect the characteristics of various river environments as well as the setting of assessment unit based on the physical characteristics of rivers, and other legal regulations and local situations should be adjusted and supplemented in administrative procedures.

Evaluation on Park Planning of Provincial Parks among Korea Natural Parks (자연공원 유형중 도립공원 계획의 평가)

  • Cho, Woo
    • Korean Journal of Environment and Ecology
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    • v.33 no.3
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    • pp.321-332
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    • 2019
  • The purpose of this study is to identify the problems and present the improvement measures by assessing the suitability of planning of provincial natural parks on a legal basis. We assessed the suitability of 29 provincial parks to examine the suitability of park planning (special-purpose district planning and facilities planning) according to the Natural Park Act, implementation of the park projects, and registration of Korea Real estate Administration intelligence System (KRAS) for park management and obtained the following results. In the case of the park nature conservation districts among the special-purpose districts, 24.1 % (7 parks) were not feasible or decided the park facility that was larger than the planned area. The amended law requires the park cultural heritage district as a new special-purpose district, but 41.2% did not designate the district or failed to comply with the standard. Moreover, there was a problem of establishing or announcing the plan that was unsuitable for the management of park village district (former collective facilities district). Although provincial parks are categorized as the restricted area, the park facility plans still focus on regional development and tourism development, and the titles (names) of the park facilities are wrong. The law requires digitalization and disclosure of park plans, but many parks fail to abide by the law. We judge that it is necessary to develop effective provincial park planning and establish the measures to protect and manage the provincial parks.

Rules in Disarray, Orientation Imposed: Establishment of the Framework Act on Science and Technology, 1998-2015 (분열된 규정, 일관된 방향 : 과학기술기본법의 제정과 그 결과, 1998-2015)

  • YOO, Sangwoon
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.41-83
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    • 2019
  • Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.