• Journal of the Society of Disaster Information
• /
• v.20 no.1
• /
• pp.177-191
• /
• 2024

Purpose: In this study, the Drenzer facility, which is a facility installed to prevent the spread of fire caused by fire in adjacent buildings in the fire prevention zone, was analyzed legally and technically. We confirmed the uncertainty of the Building Act and the Fire Protection Act, and suggested the revision of the necessary standards. Method: Although the Drenzer facility is a building facility, it is actually applied in the field of firefighting, so the Delphi analysis was conducted on a panel composed of architectural experts and firefighting experts in the first, second, and third rounds to find the issuses and important facility component elements. Finally, the IPA(Importance-Performance Analysis) analysis was conducted to identify the importance of the elements that need to be revised. Result: Delphi analysis was carried out for experts on various components of Drenzer equipment in the first, second, and third rounds, and it was found that the survey items of the head, detector, and other facilities of the Drenzer equipment are valid items to identify problems. The IPA analysis indicated that the revision of the standards for Drencher head was necessary as a priority. Conclusion: In this study, it was possible to confirm the opinions of experts through Delphi analysis on the legal and technical problems of Drencher facilities, and it was confirmed that among the components of the Drencher facility, the revision of the head-related regulations is required as a priority.

• The Korean Society of Law and Medicine
• /
• v.20 no.3
• /
• pp.47-79
• /
• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Journal of Arbitration Studies
• /
• v.30 no.3
• /
• pp.67-94
• /
• 2020

This paper examines the current enforcement regime of Korea and provides an overview of the same with focus on the changes before and after the 2016 revision of the Korean Arbitration Act. It briefly studies the pro-arbitration bias of the New York Convention, as well as the Korean judiciary's stance on the enforcement of foreign arbitral awards. Some of the substantial issues discussed in the paper include the major procedural changes brought about by the 2016 amendment with respect to the enforcement of arbitral awards. The paper also discusses the rare instances where the Korean judiciary refused to recognize or enforce an arbitral award, and the reasoning behind the refusal. The paper discusses and analyzes four court judgments that reflect the Korean judiciary's position on the enforcement of foreign and domestic arbitral awards in Korea. It focuses on the NDS v. KT Skylife case, where the court of first instance refused the enforcement on grounds that the relief granted by the arbitral tribunal was not specific enough for enforcement. Ultimately, the appellate court, although agreeing on the specificity requirement, reversed the ruling and granted an enforcement judgment on grounds that the application for enforcement had the legal interest to request an enforcement judgment.

• Journal of Information Management
• /
• v.42 no.2
• /
• pp.1-21
• /
• 2011

The copyright law is the greatest legal tool for promoting access to knowledge and information by striking a balance between owners rights and users rights. For libraries, copyright limitations and exceptions are critical to meeting our missions to support learning and research, promote the flow of information, provide equitable access to information to the public, preserve intellectual and cultural heritage. Based on these reasons, this study analysed the limitation of copyright law of Korea for library, suggested improvement of reproduction for the library preservation and distribution including rental and lending, printout and transmission of internet information resources, copy of library materials which are rarely available through normal trade channel and government publications, reproduction and electronic transmission for persons with disabilities, and proposed fair use model(limitations on exclusive rights) for libraries.

• Journal of Korean Society of Rural Planning
• /
• v.13 no.3
• /
• pp.23-32
• /
• 2007

In Korea, a regulation of visual impact evaluation on development plan in natural environment is provided at the Natural Environment Conservation Act, but it was difficult to obtained the effectiveness enough to conserve natural landscape. So, the visual impact review on development plan is introduced to the act, through the revision of the Natural Environment Conservation Act in 2005. The basic directions of visual impact review are preservation, restoration, view protection, and harmony. The items of review are as follows; (1) development alternations for the provided plan, (2) executive reduction plan of visual impacts including consideration of growth of plants, (3) deliberation process between persons or parties concerned, etc. For rapid settlement of visual impact review system, it needs that the validity, the reliability, and the objectivity should be confirmed through steady research about reasonable guidance of review.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.50
• /
• pp.109-136
• /
• 2011

Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

• Journal of the Korean Society of Safety
• /
• v.35 no.4
• /
• pp.15-22
• /
• 2020

Scaffolding works are demolished after this structure is completed, and safety accidents often occur because they are installed differently from legal standards or frequently change during work. Therefore, in order to strengthen the safety of scaffolding, the Ministry of Land, Infrastructure and Transport required a need for design standards for temporary facilities that can systematically prevent and solve large-scale safety accidents that are repeatedly increasing during temporary construction. It has been enacted, and some contents have been revised for the past three years. However, construction site personnel do not know or know the revised matters, but often install scaffolding by the installer's experience rather than complying with relevant laws and regulations. It is the situation that the ground strength test of the foundation ground for the load applied to the floor of the column is omitted in most sites. Therefore, this study grasped the actual situation on the degree of recognition of the revised laws and regulations of the construction site and the foundation-based treatment of the floor working load of the scaffolding column, and derived problems. In addition, we intend to provide reference materials for the endurance test according to the ground conditions to small-scale small sites where it is difficult to conduct the test by carrying out the endurance test of the scaffolding ground according to the revised standards.

• Journal of the Korean Institute of Rural Architecture
• /
• v.14 no.1
• /
• pp.99-106
• /
• 2012

Transformation which is the major damage factor of living space in folk village is caused by improvement behaviors reflecting real requirements of residents who are the subjects of life. Such a process changes traditional space structure gradually and lowers preservative value of folk village. Therefore this study examines transformational conditions of living space centering around changes of spatial components and plane forms through literature and field research and analyzes characteristics of transformational phenomenon. This study examined changes of components and transformation of Seongeup folk village. While main room plane was diversified by residents' requirements, it was not harmonized with traditional image of Seongeup folk village. Transformation of living space at Seongeup Folk Village was positive from the side of residents' living requirements, but negative in that it damaged unique identity of folk village. Accordingly, it is thought that deliberation considering residents' living requirements as the field of their life with maintenance of original form for the purpose of preserving folk village and professionals' support and legal study for revision of approval system are continuously required.

• Journal of Fisheries and Marine Sciences Education
• /
• v.3 no.1
• /
• pp.44-49
• /
• 1991

The IMO has made constant efforts for global safety control of fishing vessels operation. As the result varieties of documents, for example, the international conventions, the resolutions, the recommendations and codes were adopted by the Organization. And the Organization contributed to preparing the international standards of marine safety by persuading the member countries to ratify and enforce the documents. The author inspected the content of IMO's activities and recent movement to ensure the safety of fishing vessels and their crew, and obtained the following results in connection with domestic regime. The first is the future prospect and countermeasure against revision and effectuation of "The Torremolinos International Convention for the Safety of Fishing Vessels, 1977". The Authority of Korean Government should make preparations to receive into national legislation as a performance of liability of a party country to the Convention. Secondly, the current domestic legal system has not any serious issues on the education and training for the fishing vessels crew. It is merely necessary to establish and operate the training course for the low grade marine officers.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.115-134
• /
• 2016

Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.