• Title/Summary/Keyword: Legal improvement

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A Study on Improvement of Management Framework for Coastal Erosion Protection (연안침식방지를 위한 관리체계 개선방안)

  • Lee, Moon-Suk;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.29 no.2
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    • pp.155-165
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    • 2007
  • Recently, coastal erosion has become an important issue in relation to keeping territorial integrity of a nation as well as protecting the coastal marine ecosystem. This study examines some apprehensions about the effectiveness of the existing legal system concerning prevention of coastal erosion. After examining several case studies in Scotland, the USA, and the Netherlands, this study proposes appropriate revisional legal measures that can be applied in Korea: first, the coastal management act should be revised for stronger, enforceable and practical legal grounds emphasizing minimal coastal erosion; second, the proposed "Comprehensive Coastal Erosion Prevention Plan" should be established and implemented in four steps such as characterization of issues through surveys of stakeholders and demand assessment, plan establishment, execution, and maintenance and management; third, there is a demand to establish and implement a legal framework to support monitoring activities which provide important data and information to prevent coastal erosion; fourth, the chronic region of damage is designated as the "Vulnerable Area" to be protected and managed accordingly; fifth, the "Coastal Coordination council" is established and operated for developing an integrated coastal management policy and visions for sustainable coastal zone, as well as coordinating and intervention of any activities which may cause coastal erosion.

Legal liability of the management firm on hacked Robo-Advisor's stock price manipulation (해킹에 따른 로보어드바이저의 시세조종 행위와 운용사의 법적 책임)

  • Kim, Dong Ju;Kwon, Hun Yeong;Lim, Jong In
    • Journal of the Korea Convergence Society
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    • v.8 no.9
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    • pp.41-47
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    • 2017
  • This study is a preceding research designed to deduct an institutional supplementary measure that minimizes any inevitable side effects from the improvement of artificial intelligence (AI) technology, which is the core element of the Fourth Industrial Revolution. In this specific case in which the Robo-Advisor, the representative type of AI-applied technology, was hacked by a third party and ended up manipulating prices, the study was intended to examine the responsibility relationship of the current legal framework. Although the current legal framework strictly prohibits acts such as hacking and manipulation, it was confirmed that if the Robo-Advisor management firm acts in compliance with protection measures regarding hacking, the firm is free from any legal liabilities and there is insufficient legal protection available for ordinary investors with grand-scale damage from price manipulation Based on this study, further studies are needed to derive more institutional supplementary measures on overcoming these problems.

A Study on the Risk Assessment and Improvement of Musculoskeletal Burden Works in the Semiconductor Manufacturer (반도체 제조회사의 근골격계부담작업 유해요인조사 실태와 개선방안)

  • Jeong, Yeyoung;Park, Jae Hee
    • Journal of the Korean Society of Safety
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    • v.37 no.1
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    • pp.49-54
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    • 2022
  • In Korea, companies which have work-related musculoskeletal burden works should have conducted legal risk assessments every three years from 2004 onwards. However, due to problems with the legal definition of work-related musculoskeletal burden works, some companies may have been exempted from the risk assessment even though their workers still experience work-related musculoskeletal pain. For example, the manufacturing process used by a particular semiconductor manufacturing company involved a great deal of legal musculoskeletal bueden works. However, this company eliminated the musculoskeletal burden works by continuously introducing automated processes, and finally, in 2016, all work which was legally defined as musculoskeletal burden work were removed from the company's manufacturing process. Nevertheless, in a 2016 survey, 9.6% of the company's workers still complained of musculoskeletal pain, and in a 2019 survey this proportion actually increased to 15.7%. This incident demonstrates the limitations and problems of the current legal risk assessment of work-related musculoskeletal burden work. Therefore, this study proposes two improvements to solve these problems. Firstly, it is necessary to broaden the current legal definition of work-related musculoskeletal burden works. For example, vibration risk factors and push/pull tasks that are currently missing from the definition should be included. Secondly, it is proposed that a survey on musculoskeletal pain should be conducted for all workers, regardless of whether they are engaged in musculoskeletal burden works. The results of this study could be used to improve the legal risk assessment of work-related musculoskeletal burden works.

Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

A Study on the Improvement of Legal System for the Prevention of Damage due to Ash (화산재해로 인한 항공교통분야 피해예방을 위한 법규체계 개선방안에 대한 연구)

  • Lee, Young-Sub;Lee, Young-Kune;Park, Miri
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.277-283
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    • 2017
  • In recent years, earthquakes and volcanic activity have been occurring actively in Japan, China, and Southeast Asia in the central Pacific Rim, and the cycle interval is shortening. In addition, there is Baekdu mountain, which is a large active volcano in Korea. On the other hand, the legal system and guidelines related to volcanic ash are very limited to counteract volcanic disasters. The volcano manual does not present specific countermeasures against volcanic disasters. The preparation of systematic disaster prevention measures against an eruption of Mt. Baekdu and the volcanic activity in Japan and China, which are occurring continuously, is necessary. Therefore, this study suggests an improvement to the relevant laws and regulations against volcanic disasters to analyze the aviation safety manual and relevant legal system. The problems with the current legal system are improved by modifying the legal system related to the air traffic sector when volcanic disaster occurs, and it is expected that more efficient manuals and guidelines will form the basis for the smooth operation of the manual at a disaster site.

A Study on the User Satisfaction and Improvement Suggestions for the Beopmaru Public Service in the Supreme Court Library of Korea (법원도서관 법마루 서비스 이용자 만족도 및 개선방안에 관한 연구)

  • Jiyoung Kwak
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.34 no.3
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    • pp.273-295
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    • 2023
  • The Beopmaru, Supreme Court Library of Korea, the national library of the judiciary, is the only one that can help reduce the justice gap and increase access to justice by allowing the general public and legal experts to read and circulate. Accordingly, this study identified user satisfaction with the Beopmaru public service through surveys and interviews and derived ways to improve the service. User satisfaction was in the following order out of 5 points: response of librarian 4.62 points, facility management 4.48 points, and cultural programs such as events and lectures 4.33 points. Satisfaction with collection composition was the lowest at 3.97 points. This appears to be because collection composition is where legal expertise has the greatest impact on satisfaction. As satisfaction with the collection composition was the lowest, collection expansion was the highest at 44%(114 people) as a service that Beopmaru needs to strengthen in the future, and a balanced collection of books according to the user base is needed in the future. Based on this, improvement measures were proposed to include dualizing the Beopmaru reading space and services for the general public and legal experts, strengthening its identity as a legal library, improving the system, and strengthening publicity and response of librarian. If the Beopmaru public service is successfully established through continuous research in the library and information community, it will be possible to improve the service quality of the law library industry as a whole, including law libraries, and increase user satisfaction.

A Study on Civil and Criminal Liabilities of 119 Rescue and Its Legal Protection (공무원인 119구급대원의 직무수행과 관련하여 발생할 수 있는 민$\cdot$형사상 책임과 그에 따른 법적 보호를 위한 대책에 관한 연구)

  • Bae Hyun-A;Yun Soon-Young;Jung Koo-Young;Lee Kyung-Whan;Kim Chan-Woong
    • Fire Science and Engineering
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    • v.19 no.2 s.58
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    • pp.45-62
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    • 2005
  • This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

A Study on Police Officers' Awareness Of Counter-Terrorism - Focused on the Comprehensive Emergency Management Model - (경찰공무원의 대테러리즘 인식에 관한 연구 - Comprehensive Emergency Management Model을 중심으로-)

  • Joo, Seong Bhin
    • Convergence Security Journal
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    • v.17 no.3
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    • pp.103-114
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    • 2017
  • Terrorism is a serious problem in that it can infringe on a broad range of legal interests, from individual legal interests to national legal interests. And if these legal values are damaged, it is very unlikely that they will be restored to their original state. Therefore, it is necessary to recognize the importance of preventive activities as well as institutional improvement and alternative policies. The role of the criminal justice authority is of paramount importance in ensuring proactive action and procedural legitimacy. It would be meaningful to look at their perception about terrorism before specific procedures and legal approaches are taken. A Study is related terrorism awareness of police officers - focused on 'Comprehensive Emergency Management Model'. Four phases of Comprehensive Emergency Management Model: mitigation, preparedness, response, and recovery.

Improvements of Legal System for Security Enhancement of Korean National Assembly' Attending System (국회 방청제도의 보안강화를 위한 법·제도 개선방안)

  • Choi, Kwan;Kim, Minchi
    • Convergence Security Journal
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    • v.17 no.1
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    • pp.81-88
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    • 2017
  • The purpose of this study is to analyze any hinderance factors for successful attending system of Korean National Assembly and to provide improvement plans of legal systems to ensure security of National Assembly. First, the conceptualization and functions of Korean National Assembly attending system were discussed and related regulations and laws were also examined. Second, hinderance factors, such as sharp increase in 1) illegal behaviors, 2) bring in prohibited items, and 3) possibility of National Assembly terror, for successful attending systems were analysed. Third, improvements of legal system for security enhancement of National Assembly Attending System were discussed: 1) new legislation for providing National Assembly's security officers with special judicial police power is needed to deal with criminal behaviors and to protect human rights, and 2) legal reforms are required to provide right to command to National Assembly's Security Planning Office rather than National Assembly security office under Seoul Metropolitan Police Agency in order to unify commanding system.

A Study on Legal Prospects of Digital Collections' Fair Use: Focused on the Article 31 of Copyright Act (도서관 디지털 장서의 공정이용에 관한 법제도적 고찰 - 「저작권법」 제31조를 중심으로 -)

  • Kim, Su-jin;Kim, You-seung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.26 no.3
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    • pp.151-175
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    • 2015
  • The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.