• Korean Security Journal
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• no.11
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• pp.129-157
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• 2006

With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

• Informatization Policy
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• v.18 no.4
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• pp.42-58
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• 2011

This paper starts from one question: what are the key factors of the web accessibility policy, which is significant for realizing equity in the web and enhancing human dignity in the information society. To find significant factors for complying with web accessibility, this paper analyzes panel data of 16 Korean local governments (for five years: 2004-2009) according to the research design which is based on the demand and supply balance model and consists of four variables : 'legal and institutional environment (including legal infrastructure)', 'financial foundation (fiscal self-reliance ratio)', 'policy inputs (amount of imformatization budget, employee of information experts)'and 'policy demand (internet usage rate, the number of disabled people and elderly people)'. From the results of this study, this paper can explain the mechanism and impact factors on the web accessibility policy of Korean local governments. Some factors are critical to improve web accessibility: (1) the importance of policy demand, (2) the importance of policy inputs, (3) the importance of legal and institutional environment. Finally, this paper concludes with some suggestions to enhance the web accessibility capacity for Korean local governments: (1) improve awareness on web accessibility, (2) develop a standard and invest R&D on web accessibility, (3) foster experts in web accessibility.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.125-144
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• 2016

All forms of Clinical trial should be fully equipped with protection systems for experimental subjects considering their uncertainty and various risks. Existing laws have some regulations in pharmaceutical affairs act and medical device act. Nonetheless, there is a limit to protect the subjects considering law objective to perform administration of medicine. Furthermore, the clinical trial on minor has no direct regulations in pharmaceutical affairs act, but prescribes certain portion in clinical trial assessment guideline on infants or medicine clinical trial management standard, however there is a limit because that is just recommendation not having legal effectiveness. The legislative solution would be possible for legal problems of clinical trial on minor by examining treatment system on minor in organ transplant act and clinical trial on minor in other foreign laws stronger than usual medical practice in terms of degree of human body invasion. I suppose that the control system of clinical trial being done focusing on the pharmaceutical affairs act, medical device act and other guidelines in existing laws system should be resolved by legislating 'trial subject protection law', in addition, this would be well balanced in organ transplant act on protection system of minor organ donors. Furthermore, the judgement on the consent ability and spontaneity in clinical trial on minor should be judged considering maturity and mentality of minor by clinical trial institutional review board based on legislative solution mentioned above.

• Journal of Environmental Impact Assessment
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• v.26 no.6
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• pp.431-444
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• 2017

This study was carried out to review the guidelines being used by law and national policy concerned on river environments management and suggest the applicability of newly developed river environment assessment system. In the current legal system, the national river environment management system is insufficient in securing an independent status in the legal institutional system which is separated to the Ministry of Land, Transport and Infrastructure and the Ministry of Environment. And the river environment assessment system of the national standard, which is a core matter, has not been established yet. In particular, there is a lack of integrated approach between the upper and lower plan or related plans on water resources, water quality, river environment and aquatic ecosystem management. In addition, the consistency and effectiveness as the process of planning and design according to the current status and comprehensive analysis and evaluation of the river environment were not secured either. To integrate national river environment management system and improve efficiency, I proposed the establishment of hierarchy and connection between national river plans, and the adoption and application of developed assessment system based on characteristics of river environment in Korea. Finally, I proposed the separated application with dividing the developed assessment system including the naturalness of river environment and suitability of water friendly activity into both assessment method for management plan of water resources of river basins & basic river plan respectively.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.11 no.1
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• pp.1-13
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• 2008

This study review of Compositional Evaluation Items for Environmental Conservation Value Assessment Map (ECVAM) in Korea. The ECVAM is composed of legal assessment and environmental/ecological assessment items. ECVAM basically adapts an overlay method for environmental/ecological assessment items. The objective of this study is to suggest supplementary items for the ECVAM with the following process : Overlapping rates of the assessment items in the ECVAM are calculated to understand the grade distribution of the environmental conservation value assessment and to analyze the overlapping rates among the assessment items, as a result it is found that various items are overlapped each other. In order to reflect effectively each assessment item to the ECVAM, Analyzed the overlapping degree among assessment items to be applied to this map. On the concrete we gripped results to be assessed by various items, which were overlapped each other. In order to reflect effectively each assessment item to the environmental conservation value assessment map of national land, we analyzed the overlapping degree on environmental/ecological items, and investigated the grade distribution by field survey. In this study we assessed the ECVAM by 5 kinds of method. Method 1 is Grade 1 areas of each administrative district, Method 2 is Comparing overlapping areas of each assessment items Grade 1, 2 and Permission of each assessment items' duplication, Method 3 is Grade 1, 2 areas by only singular assessment items, Method 4 is Only Grade 1 areas of Method 2 and Method 5 is Only Grade 2 areas of Method 2. As results, Method 1 showed Seoul and other metropolitan cities reveal a high proportion of Grade I regions by the legal assessment items. Kangwon-Do, show a high proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability), forest diameter item was accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter and forest density was accounted for 66.4% by Method 5. From now on, this study will contribute to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the pliability in the process of managing and updating this map.

• Journal of Legislation Research
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• no.53
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• pp.269-310
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• 2017

This article aims at the study on Improvement of legal System which is related to automated vehicles in the era of the 4th industrial revolution. Legal aspects of driving automation have two view points. One is to permit a automated vehicle, the other is to regulate the behavior of driver on the road. Signifying elements of the 4th industrial revolution are IoT, AI, big data, cloud computing etc. Automated vehicles are the imbodiment of those new ICT technologies. The vehicle management act(VMA) rules about vehicle registration and approval of vehicle types. VMA defines a automated vehicle as a vehicle which can be self driven without handling of driver or passenger. Vehicle makers can take temporary driving permission for testing and research the driving automation. Current definition of automated vehicle of VMA is not enough for including all levels of SAE driving automation. In the VMA must be made also a new vehicle safty standard for automated vehicle. In the national assembly is curruntly pending three draft bills about legislation of artificial intelligence. Driving automation and AI technologies must be parallel developed. It is highly expected that more proceeding research of driving automation can be realized as soon as possible.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.280-291
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• 2016

The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

• Journal of environmental and Sanitary engineering
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• v.13 no.1
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• pp.123-134
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• 1998

The study was performed to investigate the differences among various evaluation criteria for noise-induced hearing loss(NIHL). The subjects were 100 workers who had received detailed audiometric examinations after the periodic annual examination for hearing loss. The evaluation criteria included were as follows: The criterion I was NIHL of 50dB or greater at 4,000Hz in either ear which is one of the legal requirements for determining occupational hearing loss in Korea. The criterion II was NIHL of 40dB or greater by 4-divided classification(a+b+c+d/4 at 500Hz(a), 1,000Hz(b), 2,000Hz(c), 4,000Hz(d)) which is also one of the legal requirements for determining occupational hearing loss in Korea. The criterion III was NIHL of 31dB of greater by 6-divided classification(a+2b+2c+d/6) which is the workers' compensation standard. The criterion IV was NIHL of 40dB or greater by 6-divided classification(a+2b+2c+d/6), the criterion used to prohibite workers to be employed in the noisy workplace. The criterion V was NIHL of 40dB or greater by 3-divided classification(a+b+c/3) which is the guideline of the Japanes Labour Department. The results were as follows; 1. The percentage of workers with NIHL by the criterion I was the highest(96%) and covered all workers with NIHL diagnosed by other criteria. Therefore, this criterion was the most sensitive one for early detection of NIHL among various evaluation criteria. 2. The percentage of workers with NIHL by the criterion II was 29% of the subjects, but all of them could be diagnosed as having NIHL by the criterion I and 33.1% of the NIHL by the criterion III could not be covered by the criterion II. Thus, this criterion was not considered suitable as an initial step for determining occupational hearing loss. 3. The percentage of workers with NIHL by the criterion III was 45% of the subjects. This percentage was 46.9% of the NIHL by the criterion I and was estimated to cover 3.6% of all noise exposed workers. 4. The percentage of workers with NIHL by the criterion IV was 28% of the subjects, but 37.8% of the NIHL by the criterion III and 70.8% of the NIHL by the criterion I were not covered by the criterion. Therefore, these workers could have been employed in the noisy workplaces. 5. Employed relocation which was one of the post management methods was an option in the criterion I in Korea and in the criterion V in Japan. The number of NIHL by the criterion I was 6.7times greater than that by the criterion V. Thus, although employee relocation was not used exclusively, many more workers with NIHL could have been relocated. In conclusion, this study revealed that the criteria being used for managing occupational hearing loss showed a lack uniformity among them. In addition, since these criteria are all relied on the total threshold shifts caused by the noise exposure at the time of hearing test with no consideration given to the past noise exposure history nor age, it can be said that they are not an effective tool for occupational hearing loss management. Since legal requirements are usually followed after being diagnosed as having NIHL, it is recommended that a uniform diagnostic criterion should be used to minimize confusion. Pre-employment hearing tests should also be utilized so as to managing occupational hearing loss after employment rather than being used as a legal roadblock of prohibiting workers with mild hearing loss from being employed. Thus, what is needed is an establishment of a rational criterion for occupational hearing loss management rather than for legal requirements.

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

• Journal of Families and Better Life
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• v.23 no.2 s.74
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• pp.11-22
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• 2005

The purpose of this study is 1) to clarify that the house is no long the safe place through the cases of the senior safety accidents and to argue the need for housing repair and 2) to present the minimum standards for housing repair by comparing the cases here as well as the abroad and to back up the standards with the current senior housing environment 300 people at least 60 years old living in Seoul$\cdot$Metropolitan area were interviewed using the structured questionnaire. As the result, the following conclusions were made: 1. There was high accident rates of the senior residents due to physical deficits within the house, causing excessive medical cost and decreased housing satisfaction. This problem can be sufficiently prevented by housing repair which can not only solve the safety problem but also support self sufficient living for the senior residents. 2. Proper housing repair required the architectural know how as well as the expertise knowledge of the physical characteristics of the senior people. Therefore, it is essential to secure the professional (i.e., occupational therapist) who can analyze the needs of the senior residents and evaluate and/or predict the obstacles during repair. Furthermore, development and distribution of the standardized manual are also needed. 3. The minimum standard for housing repair could be approached in view of 'barrier-free' concept. First, the bumps should be removed, slippery prevented, and safety grab-bar installed for safety. Second, the entrance should be widened and the bathroom and kitchen restructured to support for the senior residents' self sufficiency. To make housing repair policy more efficient, the legal basis is required. It can be incorporated into the existing senior citizens 'Welfare Act' or the 'Senior Residents Medical Insurance' which will be effective starting in 2007.