• Convergence Security Journal
• /
• v.13 no.4
• /
• pp.3-10
• /
• 2013

Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

• Journal of the Korean Society of Safety
• /
• v.24 no.4
• /
• pp.90-95
• /
• 2009

The purpose of this study is to investigate industrial safety and health experts' opinions on the examination system of WMSDs(work related musculoskeletal disorders) risk factors. For doing this, a questionnaire study and two FGIs(focused group interview) were conducted. A questionnaire with open questions about the examination system was developed, and sent to 42 experts consented bye-mail. Of the experts, 24 experts responded, whose data were used in the analysis. The FGIs were performed for the persons in charge of industrial safety and health in industries and ergonomists. The questionnaire study revealed that most experts(91.3%) agreed with legalization of employers' duty for preventing WMSDs, necessity of the 11 tasks designated by Ministry of Labor, the examination system and ergonomics program, and pertinency for the examination system classification of periodic and occasional one. However, more than half experts disagreed with timeliness and appropriateness of the legal system. This was validated by the low approval rates for appropriateness of the 11 tasks, methods of the examination, charge person in the examination and ergonomics program. FGIs showed that it was desirable for the examination system to be legalized, and that the system was generally properly performed. It was suggested that the system be partially revised with reflecting problems disclosed during its enforcement rather than whole revision. It is expected that when revising relevant legal system, the results of this study would be used as valuable data.

• Journal of Korean Academy of Dental Administration
• /
• v.7 no.1
• /
• pp.1-9
• /
• 2019

This study examined the opinions of dentists on dental hygienists' practice and attempted to use it as the basis for the revision and modification of the legal system associated with dental hygienists. The subjects of this study were a total 15 dentists, including two from Gyeonggi, two from Gangwon, two from Gyeongsang, two from Jeolla, two from Chungcheong, and two from Seoul, who were surveyed face-to-face. This study revealed that from the perspective of dentists, the most important job of dental hygienists was scaling, and the most difficult job was patient counseling and response. From the perspective of dentists, there is a difference between what the dental hygienists actually perform and what is legal, and there is a high need for change. The inclusion of dental hygienists in the category of medical personnel should be accomplished to cover the practice of dental care support, and dentists opinionated that it is appropriate for dental hygienists to be included in the category of medical personnel because they directly perform oral health-related procedures. A careful review of the dental hygienists' scope of work should be performed to ensure that revisions to the law are made in accordance with the dental hygienists' actual practice. Further, it is necessary to revise the Medical Law and include dental hygienists among the medical personnel and simultaneously revise the scope of work of dental hygienists to reflect the actual dental practice.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
• /
• v.8 no.4
• /
• pp.151-160
• /
• 2018

The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

• The Journal of KAIRB
• /
• v.1 no.2
• /
• pp.30-42
• /
• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.11 no.2 s.23
• /
• pp.41-49
• /
• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• Journal of the Korea Safety Management & Science
• /
• v.16 no.1
• /
• pp.29-35
• /
• 2014

The purpose of this study is to investigate the problem on safety and health training system in Occupational Safety and Health Act(OSHA) and to find countermeasures to improve it in the construction industry. The questionary survey was done on aiming at tracing the legal drawbacks of safety and health training system. The questionary was prepared to target on site workers, management supervisors, and safety supervisors in various construction sites. After analyzing the answers from the survey, realistic and optimal countermeasures on derived problems were proposed. These should be included on the next revision of OSHA.

• Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
• /
• 2004.03a
• /
• pp.613-616
• /
• 2004

Recently, in a field of cadastre, a computerization of cadastral map is in progress with great growth of GSIS field. Also, the needs for 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.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.29 no.2
• /
• pp.117-121
• /
• 2021

Multi-crew Pilot License (MPL) is an international pilot certification adopted by the International Civil Aviation Organization (ICAO) in 2006 under the recognition of the need for efficient and systematic pilot training including the education of pilots with advanced aviation technology and ability to respond to flight environment, resolution of the human factor problems of pilots, and provision of stable training tools for transport aircraft pilots for potential risk of pilot shortage in the future. South Korea also has prepared a legal basis for operating an MPL system in the Aviation Act in 2009, but there has been no domestic MPL qualifier. The biggest reason for this seems to be the insufficient domestic MPL training system. Therefore, it is necessary to benchmark the international standards of the ICAO, and to promote the development of the Korean MPL training system through revision and supplementation of laws and regulations in consideration of Korean circumstances.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.52 no.1
• /
• pp.71-86
• /
• 2024

Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.