• 제목/요약/키워드: Legal ways

검색결과 289건 처리시간 0.024초

한국농촌보건(韓國農村保健)의 문제점(問題點)과 개선방안(改善方案) (Innovative approaches to the health problems of rural Korea)

  • 노인규
    • 농촌의학ㆍ지역보건
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    • 제1권1호
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    • pp.5-9
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    • 1976
  • The categories of national health problems may be mainly divided into health promotion, problems of diseases, and population-economic problems which are indirectly related to health. Of them, the problems of diseases will be exclusively dealt with this speech. Rurality and Disease Problems There are many differences between rural and urban areas. In general, indicators of rurality are small size of towns, dispersion of the population, remoteness from urban centers, inadequacy of public transportation, poor communication, inadequate sanitation, poor housing, poverty, little education lack of health personnels and facilities, and in-accessibility to health services. The influence of such conditions creates, directly or indirectly, many problems of diseases in the rural areas. Those art the occurrence of preventable diseases, deterioration and prolongation of illness due to loss of chance to get early treatment, decreased or prolonged labour force loss, unnecessary death, doubling of medical cost, and economic loss. Some Considerations of Innovative Approach The followings art some considerations of innovative approaches to the problems of diseases in the rural Korea. 1. It would be essential goal of the innovative approaches that the damage and economic loss due to diseases will be maintained to minimum level by minimizing the absolute amount of the diseases, and by moderating the fee for medical cares. The goal of the minimization of the disease amount may be achieved by preventive services and early treatment, and the goal of moderating the medical fee may be achieved by lowering the prime cost and by adjusting the medical fees to reasonable level. 2. Community health service or community medicine will be adopted as a innovative means to disease problems. In this case, a community is defined as an unit area where supply and utilization of primary service activities can be accomplished within a day. The essential nature o the community health service should be such activities as health promotion, preventive measures, medical care, and rehabilitation performing efficiently through the organized efforts of the residents in a community. Each service activity should cover all members of the residents in a community in its plan and performance. The cooperation of the community peoples in one of the essential elements for success of the service program, The motivations of their cooperative mood may be activated through several ways: when the participation of the residents in service program of especially the direct participation of organized cooperation of the area leaders art achieved through a means of health education: when the residents get actual experience of having received the benefit of good quality services; and when the health personnels being armed with an idealism that they art working in the areas to help health problems of the residents, maintain good human relationships with them. For the success of a community health service program, a personnel who is in charge of leadership and has an able, a sincere and a steady characters seems to be required in a community. The government should lead and support the community health service programs of the nation under the basis of results appeared in the demonstrative programs so as to be carried out the programs efficiently. Moss of the health problems may be treated properly in the community levels through suitable community health service programs but there might be some problems which art beyond their abilities to be dealt with. To solve such problems each community health service program should be under the referral systems which are connected with health centers, hospitals, and so forth. 3. An approach should be intensively groped to have a physician in each community. The shortage of physicians in rural areas is world-wide problem and so is the Korean situation. In the past the government has initiated a system of area-limited physician, coercion, and a small scale of scholarship program with unsatisfactory results. But there might be ways of achieving the goal by intervice, broadened, and continuous approaches. There will be several ways of approach to motivate the physicians to be settled in a rural community. They are, for examples, to expos the students to the community health service programs during training, to be run community health service programs by every health or medical schools and other main medical facilities, communication activities and advertisement, desire of community peoples to invite a physician, scholarship program, payment of satisfactory level, fulfilment of military obligation in case of a future draft, economic growth and development of rural communities, sufficiency of health and medical facilities, provision of proper medical care system, coercion, and so forth. And, hopefully, more useful reference data on the motivations may be available when a survey be conducted to the physicians who are presently engaging in the rural community levels. 4. In communities where the availability of a physician is difficult, a trial to use physician extenders, under certain conditions, may be considered. The reason is that it would be beneficial for the health of the residents to give them the remedies of primary medical care through the extenders rather than to leave their medical problems out of management. The followings are the conditions to be considered when the physician extenders are used: their positions will be prescribed as a temporary one instead of permanent one so as to allow easy replacement of the position with a physician applicant; the extender will be under periodic direction and supervision of a physician, and also referral channel will be provided: legal constraints will be placed upon the extenders primary care practice, and the physician extenders will used only under the public medical care system. 5. For the balanced health care delivery, a greater investment to the rural areas is needed to compensate weak points of a rurality. The characteristics of a rurality has been already mentioned. The objective of balanced service for rural communities to level up that of urban areas will be hard to achieve without greater efforts and supports. For example, rural communities need mobile powers more than urban areas, communication network is extremely necessary at health delivery facilities in rural areas as well as the need of urban areas, health and medical facilities in rural areas should be provided more substantially than those of urban areas to minimize, in a sense, the amount of patient consultation and request of laboratory specimens through referral system of which procedures are more troublesome in rural areas, and more intensive control measures against communicable diseases are needed in rural areas where greater numbers of cases are occurred under the poor sanitary conditions.

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방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 - (The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures)

  • 최종태
    • 시큐리티연구
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    • 제1호
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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APPLICATION OF FUZZY SET THEORY IN SAFEGUARDS

  • Fattah, A.;Nishiwaki, Y.
    • 한국지능시스템학회:학술대회논문집
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    • 한국퍼지및지능시스템학회 1993년도 Fifth International Fuzzy Systems Association World Congress 93
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    • pp.1051-1054
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    • 1993
  • The International Atomic Energy Agency's Statute in Article III.A.5 allows it“to establish and administer safeguards designed to ensure that special fissionable and other materials, services, equipment, facilities and information made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose; and to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State's activities in the field of atomic energy”. Safeguards are essentially a technical means of verifying the fulfilment of political obligations undertaken by States and given a legal force in international agreements relating to the peaceful uses of nuclear energy. The main political objectives are: to assure the international community that States are complying with their non-proliferation and other peaceful undertakings; and to deter (a) the diversion of afeguarded nuclear materials to the production of nuclear explosives or for military purposes and (b) the misuse of safeguarded facilities with the aim of producing unsafeguarded nuclear material. It is clear that no international safeguards system can physically prevent diversion. The IAEA safeguards system is basically a verification measure designed to provide assurance in those cases in which diversion has not occurred. Verification is accomplished by two basic means: material accountancy and containment and surveillance measures. Nuclear material accountancy is the fundamental IAEA safeguards mechanism, while containment and surveillance serve as important complementary measures. Material accountancy refers to a collection of measurements and other determinations which enable the State and the Agency to maintain a current picture of the location and movement of nuclear material into and out of material balance areas, i. e. areas where all material entering or leaving is measurab e. A containment measure is one that is designed by taking advantage of structural characteristics, such as containers, tanks or pipes, etc. To establish the physical integrity of an area or item by preventing the undetected movement of nuclear material or equipment. Such measures involve the application of tamper-indicating or surveillance devices. Surveillance refers to both human and instrumental observation aimed at indicating the movement of nuclear material. The verification process consists of three over-lapping elements: (a) Provision by the State of information such as - design information describing nuclear installations; - accounting reports listing nuclear material inventories, receipts and shipments; - documents amplifying and clarifying reports, as applicable; - notification of international transfers of nuclear material. (b) Collection by the IAEA of information through inspection activities such as - verification of design information - examination of records and repo ts - measurement of nuclear material - examination of containment and surveillance measures - follow-up activities in case of unusual findings. (c) Evaluation of the information provided by the State and of that collected by inspectors to determine the completeness, accuracy and validity of the information provided by the State and to resolve any anomalies and discrepancies. To design an effective verification system, one must identify possible ways and means by which nuclear material could be diverted from peaceful uses, including means to conceal such diversions. These theoretical ways and means, which have become known as diversion strategies, are used as one of the basic inputs for the development of safeguards procedures, equipment and instrumentation. For analysis of implementation strategy purposes, it is assumed that non-compliance cannot be excluded a priori and that consequently there is a low but non-zero probability that a diversion could be attempted in all safeguards ituations. An important element of diversion strategies is the identification of various possible diversion paths; the amount, type and location of nuclear material involved, the physical route and conversion of the material that may take place, rate of removal and concealment methods, as appropriate. With regard to the physical route and conversion of nuclear material the following main categories may be considered: - unreported removal of nuclear material from an installation or during transit - unreported introduction of nuclear material into an installation - unreported transfer of nuclear material from one material balance area to another - unreported production of nuclear material, e. g. enrichment of uranium or production of plutonium - undeclared uses of the material within the installation. With respect to the amount of nuclear material that might be diverted in a given time (the diversion rate), the continuum between the following two limiting cases is cons dered: - one significant quantity or more in a short time, often known as abrupt diversion; and - one significant quantity or more per year, for example, by accumulation of smaller amounts each time to add up to a significant quantity over a period of one year, often called protracted diversion. Concealment methods may include: - restriction of access of inspectors - falsification of records, reports and other material balance areas - replacement of nuclear material, e. g. use of dummy objects - falsification of measurements or of their evaluation - interference with IAEA installed equipment.As a result of diversion and its concealment or other actions, anomalies will occur. All reasonable diversion routes, scenarios/strategies and concealment methods have to be taken into account in designing safeguards implementation strategies so as to provide sufficient opportunities for the IAEA to observe such anomalies. The safeguards approach for each facility will make a different use of these procedures, equipment and instrumentation according to the various diversion strategies which could be applicable to that facility and according to the detection and inspection goals which are applied. Postulated pathways sets of scenarios comprise those elements of diversion strategies which might be carried out at a facility or across a State's fuel cycle with declared or undeclared activities. All such factors, however, contain a degree of fuzziness that need a human judgment to make the ultimate conclusion that all material is being used for peaceful purposes. Safeguards has been traditionally based on verification of declared material and facilities using material accountancy as a fundamental measure. The strength of material accountancy is based on the fact that it allows to detect any diversion independent of the diversion route taken. Material accountancy detects a diversion after it actually happened and thus is powerless to physically prevent it and can only deter by the risk of early detection any contemplation by State authorities to carry out a diversion. Recently the IAEA has been faced with new challenges. To deal with these, various measures are being reconsidered to strengthen the safeguards system such as enhanced assessment of the completeness of the State's initial declaration of nuclear material and installations under its jurisdiction enhanced monitoring and analysis of open information and analysis of open information that may indicate inconsistencies with the State's safeguards obligations. Precise information vital for such enhanced assessments and analyses is normally not available or, if available, difficult and expensive collection of information would be necessary. Above all, realistic appraisal of truth needs sound human judgment.

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한국 3개 지역의 결혼, 결혼년령 및 출산력에 관한 연구 (AGE AT MARRIAGE AND FERTILITY OF WOMEN IN THREE SELECTED AREAS IN KOREA, 1970)

  • 김모임
    • 대한간호학회지
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    • 제3권3호
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    • pp.1-14
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    • 1973
  • This study is designed to meet the following objectives: (1) To study attitude and behavior regarding marriage and age at marriage, (2) To learn correlates of age at marriage and to examine their relations, (3) To measure relative importance of the correlates of age at marriage, and (4) To study relations of age at marriage and family planning practice to fertility and their relative importance as correlates of fertility. The data are obtained by an independent cross-sectional survey in three study areas purposively selected to represent metropolitan. semihuman. rural population. The study population is confined to women age 17-50 as of survey. The overall response rate is 90%. Reliability of data is measured by . individual and aggregate inconsistency based upon a 15% subsample of the original interviews. The individual inconsistency (31%) is found to be high compared to the aggregate inconsistency (6%) for all 85 variables. However, the magnitude of differences between means is small, and the mean absolute shifts and proportional shifts are also small on the whole. In a word respondents did not change their answers too extremely or radically. The study populations of each study area are compared on some basic characteristics. It is found that the three study populations have more dissimilarities than similarities. The findings on seven different attitudinal positions of women toward marriage indicate that there have been tremendous changes in all study areas Iron "traditional" attitudes which have been prevalent for a long time in Korean society to "liberalized" or "modernized" attitudes. An apparent tendency is that women generally take a position of a "golden mean" attitude by not preferring either extreme of marriage attitudes. Nevertheless, the young, single, educated, and urbanite appears more "liberalized. " There has been some increase in ideal age at marriage from 1958 to 1970 for both sexes. No age group, marital status, or study area differentials in ideal age at marriage are found, the average ideal age at marriage in every sub-group being 24-25. Awareness of existing legal marriageable ages is low; only 4.4% are aware that "with parental permission: minimum age for males is 18 years and for females 16 years,"and only 3.7% are aware that "without parental permission: 27 years for males and 23 years for females." People in Korra tend to marry spouses who are in various social ways like themselves: the similarities include (a) education, occupational status of father, (c) economic status, (d) usual residence before marriage, and (e) religion. Both singulars and actual mean ages at marriage in this study confirm the trend of rising age at marriage previously established by other independent studies. The urban-rural differential in age at marriage is observed, but the differential narrows down gradually from 1935 to 1970. All socio-economic, demographic, and other variables pertaining to wife before and at first marriage, excluding (a) religion, (b) father′s of occupation, and (c) as: of menarche, are correlated with respondent's age at first marriage, whereas only three variables out of all socio-economic variables relating to husband before and at wife′s first marriage, viz., (a) education, (b) usual residence, and (c) economic level of his old home, are correlated with respondent′s age at marriage. Among socio-economic and modernity variables related to either husband or wife at the time of survey, only education and duration of residence are correlated with wife′s age at first marriage. Among the correlates of respondent′age at first marriage, education is in general the most important variable. However, it is found that wife′s education is more important than husband′s. The combined effects or the correlates studied explain no more than about 40% of variance for any of the selected groups of variables. Points which might counteract the effects of late marriage on fertility are not serious in Korea. For each of the correlates of the three fertility indices chosen for this study. namely, (a) number of living children, (b) number of live births, and (c) number of pregnancies, age at marriage is the major contributor to the variance in all age groups except the age group of 20-29 in which the index of family planning practice is the major contributor. The proportion of variability in fertility indices accounted for by the correlates is never more than 40% of the total variance in any age group. Based upon the findings from this study, it could be concluded that in the foreseeable future (a) celibate group will no! be increased to a point that would slow down population growth rate in Korea, (b) age at marriage will not increase continually, (c) although education stands out as the major contributing variable which independently explains the variation in age at marriage, it seems probable that education may not be the major variable in the near future, and (d) despite the fact found by this study that age at marriages has been the major contributor to the variance of each of the fertility indices used, family planning practice will play a more important role in the reduction of fertility in the Korean society. Therefore, factors interrupting practice of family planning must be eliminated and family planning program should be strengthened if further fertility reduction is needed.

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서울 금호동 오픈스페이스 네트워크 계획 (Network Planning on the Open Spaces in Geumho-dong, Seoul)

  • 강연주;배정한
    • 한국조경학회지
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    • 제40권5호
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    • pp.51-62
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    • 2012
  • 서울 금호동은 응봉의 산자락에 위치한 재개발 주거지역으로, 지형적 문제와 대규모 아파트단지의 조성, 부분적인 재개발사업의 시행 등 다양한 원인에 의해 주민들의 물리적, 사회적 단절이 심각한 곳이다. 본 연구는 이러한 금호동의 단절된 커뮤니티를 회복하기 위한 방안으로, 일상적 장소인 오픈스페이스의 기능과 이의 원활한 네트워크의 가능성에 주목하고자 한다. 연구를 위하여 우선 다양한 유형의 오픈스페이스를 점 또는 면적인 '거점'과 선적인 '통로'로 단순화하여 구분하고, 전체적인 맥락에서 네트워크 현황을 분석하였다. 분석 결과, 거점과 통로의 연결거리가 500m 이상인 구간이 전체의 반수 이상을 차지했으며, 유치권 안에 포함되지 않은 지역도 다수 나타났다. 축선도에 의한 연결도와 통합도 분석을 통해 연계가 취약한 구간을 점검하였으며, 추가로 거점이 필요한 구간도 산정하였다. 또한 거점과 통로의 질을 개선하기 위해 현장 조사를 실시, 문제점을 진단하고 해결 가능성을 검토하였다. 이상의 분석 결과들을 바탕으로 거점과 통로의 수적, 질적인 확보를 위한 금호동의 오픈스페이스 네트워크 계획을 수립하였다. 대상지 중심부에 주요 거점을 추가하고 6개의 보조 거점도 신규로 설치하였으며, 낙후된 보조 거점의 환경을 개선할 수 있는 방안을 마련하였다. 또한 연계가 힘든 대현산지역 근린공원 주변에 연결 통로를 확보하여 주요 통로로 기능하게 하고, 일부 구간을 중심으로 통로의 환경이 개선되도록 하였다. 네트워크 계획의 결과, 연결거리는 상당부분 줄어들었고, 연결도와 통합도는 증가하였으며, 유치권도 적절하게 확보될 수 있었다. 본 연구는 네트워크를 위한 법적, 제도적 뒷받침과 정량적인 지표화 과정 등의 한계점을 가지나, 복잡한 오픈스페이스의 유형을 단순하고 명확하게 정립하고, 이의 유기적인 관계를 정량적, 정성적으로 조명함으로써 전체적인 네트워크 구축을 위한 보다 합리적이고 실질적인 계획 방향을 제안하였다는 점에 그 의의를 갖는다.

2016년 개정 중재법의 중재판정 집행에 관한 문제점 (Problems on the Arbitral Awards Enforcement in the 2016 Korean Arbitration Act)

  • 윤진기
    • 한국중재학회지:중재연구
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    • 제26권4호
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    • pp.3-41
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    • 2016
  • This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 - (How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment)

  • 박훤일
    • 무역상무연구
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    • 제31권
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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보존유적 현황과 문제 인식을 통한 보존조치 제도 연구 (A Study on Policies for Conservation Measures Based on the Status and Issues of Conserved Remains)

  • 소재윤
    • 헤리티지:역사와 과학
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    • 제53권3호
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    • pp.110-127
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    • 2020
  • 보존유적이라 함은 건설 공사에 따른 구제 발굴로 인하여 중요 유적이 확인될 경우 매장문화재 가치 평가에 따라 보존조치되는 유적을 말한다. 우리나라는 지난 수십 년간 급속한 경제발전으로 토지개발이 이루어지게 되면서 구제 발굴 건수도 급격히 증가하게 되었고 이에 따른 보존유적도 자연히 급증하게 되었다. 현재는 이러한 보존유적의 증가로 토지 수용부터 관리·활용 등에서 여러 문제점들이 나타나고 있으나 이에 대한 명확한 해결 방법은 제시되고 있지 않은 상황이다. 본 연구에서는 유적 보존과 관련된 기술적인 문제보다 주로 제도상의 문제점 인식을 통해 보존유적 관리와 제도에 관심을 가지고 개선안을 제시하고자 하였다. 한정된 재원과 인력으로 보존유적을 효율적으로 관리하기 위해서는 제도의 미비점을 먼저 확인하고 검토하는 것이 우선이라 판단되었기 때문이다. 제도 개선을 요구할 수 있는 여러 안들이 있겠지만 현 제도상에서 우선적으로 검토되어야 하는 것은 보존유적에서 지정문화재로 신속한 전환 혹은 검토라 할 수 있다. 보존유적은 조치 이후 관련 후속 법규가 마련되어 있지 않아 지정문화재와 달리 임시적인 보존 방편에 불과하다. 이를 장기간 유지하게 될 경우 당연히 여러 문제가 발생할 수밖에 없다. 이 문제를 해결하기 위해서는 보존유적을 지정문화재와 거의 유사한 수준으로 관리할 수 있는 법적 제도를 마련하든지 아니면 현 제도상에서 개선 가능한 방법을 모색하여 문제의 최소화를 꾀하는 방법이 있겠다. 본 연구에서는 지정문화재로의 신속한 전환 방법 외에도 제도적 개선이 가능한 부분에 초점을 맞추어 몇 가지 제안을 하였다. 현재의 보존조치 유형은 현지보존, 이전보존, 기록보존 이 세 가지로 구분하고 있는데 이를 다시 두 개의 조치 유형과 그 하위의 네 가지 유형으로 재분류해 보았다. 현지보존은 보존유적과 새롭게 제시한 복토유적 두 가지만 포함시키고, 나머지 이전활용유적과 기록보존유적은 사업 시행이 가능한 보존조치 유형으로써 현지보존과 대비되는 대체보존 유형으로 제시하였다. 복토유적도 보존유적과 다르게 사업 시행이 가능한 유형으로 제시하였다.

KODISA 연구윤리의 표절 판단기준과 글로벌 학술지 가이드라인 (The Standard of Judgement on Plagiarism in Research Ethics and the Guideline of Global Journals for KODISA)

  • 황희중;김동호;윤명길;이정완;이종호
    • 유통과학연구
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    • 제12권6호
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    • pp.15-20
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    • 2014
  • Purpose - In general, researchers try to abide by the code of research ethics, but many of them are not fully aware of plagiarism, unintentionally committing the research misconduct when they write a research paper. This research aims to introduce researchers a clear and easy guideline at a conference, which helps researchers avoid accidental plagiarism by addressing the issue. This research is expected to contribute building a climate and encouraging creative research among scholars. Research design, data, methodology & Results - Plagiarism is considered a sort of research misconduct along with fabrication and falsification. It is defined as an improper usage of another author's ideas, language, process, or results without giving appropriate credit. Plagiarism has nothing to do with examining the truth or accessing value of research data, process, or results. Plagiarism is determined based on whether a research corresponds to widely-used research ethics, containing proper citations. Within academia, plagiarism goes beyond the legal boundary, encompassing any kind of intentional wrongful appropriation of a research, which was created by another researchers. In summary, the definition of plagiarism is to steal other people's creative idea, research model, hypotheses, methods, definition, variables, images, tables and graphs, and use them without reasonable attribution to their true sources. There are various types of plagiarism. Some people assort plagiarism into idea plagiarism, text plagiarism, mosaic plagiarism, and idea distortion. Others view that plagiarism includes uncredited usage of another person's work without appropriate citations, self-plagiarism (using a part of a researcher's own previous research without proper citations), duplicate publication (publishing a researcher's own previous work with a different title), unethical citation (using quoted parts of another person's research without proper citations as if the parts are being cited by the current author). When an author wants to cite a part that was previously drawn from another source the author is supposed to reveal that the part is re-cited. If it is hard to state all the sources the author is allowed to mention the original source only. Today, various disciplines are developing their own measures to address these plagiarism issues, especially duplicate publications, by requiring researchers to clearly reveal true sources when they refer to any other research. Conclusions - Research misconducts including plagiarism have broad and unclear boundaries which allow ambiguous definitions and diverse interpretations. It seems difficult for researchers to have clear understandings of ways to avoid plagiarism and how to cite other's works properly. However, if guidelines are developed to detect and avoid plagiarism considering characteristics of each discipline (For example, social science and natural sciences might be able to have different standards on plagiarism.) and shared among researchers they will likely have a consensus and understanding regarding the issue. Particularly, since duplicate publications has frequently appeared more than plagiarism, academic institutions will need to provide pre-warning and screening in evaluation processes in order to reduce mistakes of researchers and to prevent duplicate publications. What is critical for researchers is to clearly reveal the true sources based on the common citation rules and to only borrow necessary amounts of others' research.

한국 정부기록보존소의 역사기록물 공개에 관한 검토 (A Study on the Access in the Government Archives & Records Service of Korea)

  • 이진영
    • 한국기록관리학회지
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    • 제3권1호
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    • pp.129-140
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    • 2003
  • 이 글은 정부기록보존소에 보존되어 있는 역사기록물의 공개에 관한 법과 제도, 운영상의 미비점을 살펴보고 그 개선방향을 제시하기 위해 작성한 것이다. 주지하듯이 세계 각국의 기록보존소는 역사기록물의 공개원칙과 재분류를 위한 세부적인 기준을 세워 역사기록물이 적극 활용될 수 있도록 하고 있다. 한국의 경우, 1999년 기록물관리법이 제정됨에 따라 역사기록물의 공개와 관련한 의무와 권한은 대체로 기록관리기관으로 넘어왔지만, 그것을 완수하기 위한 기틀과 근거는 아직 정비하지 못한 상태에 머물러 있다. 이와 같은 미비점을 극복하기 위해서는 정보공개법과 기록물관리법을 다음과 같은 방향에서 정비 보완하여야 한다. 첫째, 정보공개법에는 '기록보존소로 이관된 기록물 중 생산한지 30년이 지난 기록물의 공개여부는 기록물관리법에 따른다'는 위임 규정을, 기록물관리법에는 재분류에 관한 원칙과 기준을 명시하는 것이 바람직하다. 현용기록물과 역사기록물은 성격이 다른 만큼, 공개문제도 각각의 법에서 규정하는 것이 적합하기 때문이다. 둘째, 기록물관리법에 '생산하지 30년이 지난 기록물은 공개를 원칙으로 함'을 제시한다. 셋째, 기록물관리법에 '생산한지 30년이 지난 기록물의 비공개는 별도의 절차없이 자동적으로 일괄 해제한다. 다만, 국가기밀이나 개인정보를 포함한 기록물은 비공개 기간을 연장할 수 있음'을 제시한다. 이로써 기록물 공개와 기록물 보호 사이의 균형을 획득한다. 넷째, 국가기밀 개인정보 기록물 등 예외를 인정한 기록물은 정보의 유형별로 기록물을 세분하고 각각의 공개시기를 구체적으로 지정한다. 비공개 해제를 위한 유형별 세부 기준이 명시되지 않으면, 공개재분류가 여전히 주관적이고 일관성 없이 이루어질 수도 있다. 다섯째, '기록보존소에 이관된 생산한지 30년이 안된 비공개 기록물은 공개요청이 있을 때 생산기관의 의견을 물어서 기록보존소가 공개할 수 있다'는 방향에서 정비할 필요가 있다.