• Title/Summary/Keyword: Legal revision

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Derivation of Safety Management Implications through Analysis of Major Elevator Failures (승강기 중대고장 분석을 통한 안전관리 시사점 도출)

  • Kim, Beom-Sang;Park, Poem
    • Journal of the Korea Safety Management & Science
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    • v.22 no.3
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    • pp.23-29
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    • 2020
  • As the duty to report and investigate major elevator failures has expanded due to the total amendment of the Elevator Safety Management Act in 2018, more important information on major elevator failures that have been partially identified has been collected. As of 2019, the number of elevators in Korea exceeded 700,000, making it the eighth-class elevator powerhouse in the world, but there is a trend of increasing casualties due to accidents and breakdowns. An Seung-gang-gi is a term that encompasses an elevator that moves vertically and an escalator that moves horizontally. It is an important means of transportation for most citizens that are encountered almost every day in daily life, and it is also necessary as a means of transportation that enables the construction of skyscrapers. And it seems that its importance will never diminish in the future. Major elevator failures are the main cause of dispatch when accumulating the number of 119 dispatches, and the frequency of occurrence is high. It's a shame. According to Heinrich's Law, 300 minor signs and danger phenomena precede, 29 minor accidents and 1 major accident. Accidents caused by elevators are increasing every year due to the increase in the number of installations, and the damage is threatening the valuable lives and property of users and workers in related fields due to fatal risks such as death and serious injury. Elevator safety management can achieve its purpose only when it is managed with the usual interests, awareness of safety, and full efforts of the users, workers, and the government concerned. This study was analyzed based on 2019 data notified to the Korea Elevator Safety Agency on major breakdowns improved after the revision of the Elevator Safety Management Act in 2018, and a total of 8,256 data were analyzed using the SPSS 21 version, a statistical analysis tool, to analyze the correlation with technical statistics. Proceeded. Through the analysis, it was possible to obtain preventive safety management data to prevent serious elevator safety accidents from occurring, and to derive meaningful implications that related safety management and maintenance can be effectively operated to prevent serious failures. In addition, through this analysis, we expect the development of related industries and legal and institutional improvement.

A Study on the Dispute of Product Liability in Korean Importers (수입업자의 제조물책임(PL) 분쟁에 관한 연구)

  • Byun Joon-Young
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.245-283
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    • 2003
  • Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

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A Case Study of Home Health Care for Postpartum Women and their Newborns (산욕부와 신생아의 가정간호 사례연구)

  • Jun, Eun-Mi
    • 모자간호학회지
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    • v.4 no.1
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    • pp.3-11
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    • 1994
  • Presently there is an increasing demand for home health care services due to changes in the demographic structure as a result of an increasing elderly population, socio-economic improvements, and changes in the family structure, as well as the growing number of people with degenerative diseases. In addition to these reasons, rising medical costs and there a shortage of patient beds space in the hospital, particularly since introduction of national medical insurance. There has been an increasing demand for health care health care services. This study was done to identify the basic data for home health care management. It focused on developing client selection criteria, assessment tools, and recording methods. This was accomplished by the researchers visiting the patients in their homes. The research process included preparation investigation, tool development, training of the project researcher, and visiting the clients in their homes. The research tools are as follows : 1. Record development : a) The selection criteria tool for home health care of postpartum women was a structured tool and consisted of four parts. b) The structured assessment tool consisted of a general items, obstetric history, past medical history, methods of feeding, medications taken before admission, laboratory test results, discharge instructions, discharge medications, family tree, economic status, environmental status, a map, health assessment of postpartum women and their newborns. c) The visit note I consisted of the frequency of visits. Visit note II consisted of the date ; nursing problems ; nursing process including the initial assessment ; nursing goal ; visit plan ; postpartum women and their neonate health status, diagnosis, goal, implementation, evaluation, summary, next plan, for visit revision. d) Problem note consisted of the date, problem numbers, nursing diagnosis, problem appearance date problem resolution date. The research results are as follows : 1. Nursing problems : The nursing problems of the postpartum women and their neonates were evaluated by the number of nursing diagnoses and the change in the pattern of nursing diagnosis related to the number of visits. a) Nursing diagnosis The nursing diagnosis was classified according to physical function, psychosocial function, family system maintained function. b) The changes of nursing diagnosis related to the number of visits. As the type of nursing diagnosis changed related to the number of visits the number of nursing diagnoses decreased. 2. Contents of home health care : The content was categorized according to assessment, direct care, counseling, education, family care, reporting to with the attending doctor. The recommendations based on the research results are as follows : 1. Tool development Replication of this study is needed to test the validity of the assessment tools used. 2. Home visit a) Home health care nurses should be licensed and qualified. A referral form from the attending doctor is needed for legal protection of nurses. b) The first home visit need to be within 24 hours of discharge from the hospital to decrease the anxiety of frightened postpartum women. c) When the changes occur in the newborn's status, home health care nurses should consult a pediatrician. Communication within the home healthcare team is essential and needs to consistent and done smoothly. 3. Home health care A Study is required to develop protocols for education of staff and for operation of all aspects of this program.

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The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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Experimental Study on the Self-extinguishing Performance of Extruded Polystyrene Insulation for Buildings and Suggestions on Institutional Management (건축용 압출법 단열판(XPS)의 자기소화성에 대한 실험적 연구 및 제도적 관리에 관한 제언)

  • Kang, Jung Ki;Choi, Don Mook
    • Fire Science and Engineering
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    • v.34 no.3
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    • pp.141-149
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    • 2020
  • The Korea Industrial Standards (KS) stipulates methods and test procedures for measuring the horizontal combustibility of cellular plastics exposed to small flames (KS M ISO 9772:2018) and recommendations regarding the magnetic digestion of extruded polystyrene insulation (XPS) for measurement results (KS M 3808:2020). Although products that are certified to conform to KS standards must have burning characteristics (self-extinguishing), they are incinerated and spread by welds at construction sites, causing significant human and property damages. In this study, XPS produced by five companies, certified by KS, and sold in the market were purchased and tested for ignition and diffusion caused by a weld bullion at a construction site. The results showed that the five products had differences in performance. Three out of the five products were found to be self-saturated, but the other two were easily ignited and diffused, making it difficult for them to be self-extinguishing. Based on the result of this experimental investigation in line with the KS regulations, all the three types of products, including two types of products that were incinerated through weld defects, were found to be non-self-extinguishing, as specified in KS M 3808.

A Selection of Building Registration Method to Construct the Three Dimensional Information Cadastral Map (3차원정보지적도 모형 구축을 위한 건물등록 방법 선정)

  • Yang In Tae;Oh Yi Kyun;Yu Young Geol;Chun Gi Sun
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.22 no.3
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    • pp.245-251
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    • 2004
  • Recently, in a field of cadastre, a computerization of cadastral map is in progress with great growth of GSIS field. Also, the needs fer the integration of land and building information are widely increasing for integral-management and its application of various land related information. Through a revision of cadastral laws to replace the existing 2D-Cadastre with the 3D-Cadastre, a legal basis to register the position of buildings and facilities is prepared in the governmental or civil fields. This paper presented 3D-Cadastre theory that has been studied on Europe and surveyed building position directly with Totalstation at cadastral control point after choosing pilot test area, Also, the most efficient surveying method of registering building in a cadastral map is presented with comparing and analyzing building position after surveying digital orthophoto and digital map. And it is constructed a 3D information cadastral map model that can make the integral management of land, building, connecting land recorders, building management ledgers, building titles, building pictures, and related attribute information.

A Study on the Feasibility of the Espionage Charges for the Industrial Technology Divulgence (산업기술의 해외유출행위에 대한 간첩죄 처벌 타당성 연구)

  • Kim, Hang-Gon;Lee, Chang-Moo
    • Korean Security Journal
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    • no.57
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    • pp.253-275
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    • 2018
  • Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

State's Duty to Manage Pandemic Diseases and the Role of Institutional Review Boards (국가의 팬데믹 감염병 관리 의무와 기관생명윤리위원회의 역할)

  • Park, Hyoung Wook
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.37-55
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    • 2021
  • On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

A Parasports Activation Plan for Sports Welfare (스포츠복지를 위한 장애인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.5
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    • pp.189-204
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    • 2021
  • The purpose of this study was to determine the present state of disabled people participating fully in sports for all, analyze its legal, organizational, and policy status, and present a future direction for parasports in pursuit of better sports welfare. For this purpose, literature review was performed, obtaining the following results concerning a parasports activation plan. First, it is necessary to increase large-scale, systematic public relations through association between the government and private organizations with the objective of increasing the number of disabled people participating fully in sports for all. Second, it is necessary to implement full revision of the Sport Promotion Act and establishment of a Parasports Promotion Act actively. Thorough preparation for legislation is most of all required to meet the realities and cope with temporal changes. Third, it is necessary to build an effective system through convergent governance of parasports and relevant ministry. It is necessary to clarify the dual concepts of 'physical activity' and 'sports for all,' present a proper direction for policies, and implement efficient policies and projects. Fourth, it is necessary to reinforce participation by diverse expert groups in the development of parasports policies. This requires convergence of such elements as philosophy, rehabilitation, education, marketing, and laws in addition to sport elements.