• Journal of Arbitration Studies
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• v.25 no.2
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• pp.3-17
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• 2015

For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.87-96
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• 2009

Purpose : To grasp the mental burden for legal responsibility that rescue members have in the performance of job. Method : Questionnaire was presented to rescue members serving in 2 direct control safety centers of fire station located in Seoul, Daejon, Incheon, Kwangju, Busan, Daegu and Ulsan. Results : 1. Questioned whether they have mental burden for legal responsibility while performing job on the site, the rescue members responded : very burdensome in 38.0%, burdensome in 56.0%, moderate in 4.5%, not burdensome in 1.0%, no burden at all in 0.5%. 2. Questioned on the first aid treat for which they have the most mental burden, the rescue members responded : intubation into trachea laryngeal mask airway(LMA) in 40.4%, automatic external defibrillator in 16.3%, securing vein providing sap(medicine) in 10.8%, basic cardiopulmonary resuscitation in 7.2%, eliminating foreign matters inserted into body in 5.4%, stanching external bleeding and treating injury in 5.4%, fixing extremities and spine by using splint in 1.8%, measuring the symptom of vitality in 1.2%, providing oxygen in 0.0%. 3. Questioned whether experiencing legal problem or firm petition(complaint) raised by patient while serving as rescue members, they responded : experiencing a complaint in 41.6%, experiencing no complaint in 58.4%. Asked to indicate the stress level in the scale of which they suffered when lawsuit or firm petition was raised, 0(weak)-10(strong), they answered 8.8 in average. 4. Questioned whether 119 rescue members put the legal responsibility in case that they cause damage to patients intentionally in performing, they responded to the inquiry 3.66 in average(of 5.00). It represented meaningful differences (F=2.874, p=.024) whether they had license or not. 5. In future, legal action will raise against the rescue member by 99% because of people's rights improvement(63.1%), high expectations for the rescue system(29.5%), non-licensed rescue members(5.1%). Conclusion : It was found that the rescue members had severe mental burden for advanced life support which was investigated to have low enforcement rate in the preceding research, for instance, intubation into trachea securing vein management by using automatic external defibrillator. To improve the qualitative level of rescue service in the fire fighting, it may be required to construct the environment that eliminates the mental burden of rescue members for legal responsibility.

• Fire Science and Engineering
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• v.15 no.1
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• pp.100-107
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• 2001

A Interior material, a main cause of fire-growth and generating toxic gas when it burns, should be dealt with great care in life safety design. Nonetheless, it has been used recklessly with undue attention to its contribution to fire in particular in entertainment occupancy and causes many victims in fire. Therefore, this study attempts to examine the current use of interior material in Korea and find out what to be improved and enhanced in terms of related regulations. Based on the comparison and analysis of the Korea regulation with those of advanced nations, suggestions are made for an effective and efficient improvement and complement to the current system. What can be suggested from this study are as follows. The use of interior material should be controlled under the unified regulation of fire-safety codes. Code should be set up so that the current construction enforcement should be applied in retroactive to those entertainment buildings that obtained a license prior to the implementation of the system certifying that the building is fire-resistant and fire-protective. The legislation should be made to control the fire-protection facilities of small-sized, underground entertainments. It should be obliged to present the blueprint displaying the use of interior material at the time of changing occupancy. Or, it should be compelled to report changes that go way without permit to the administrative office. A compulsory provision should be set up to have a fire-resistant performance to movable furniture. The classification index designating the fire hazard of interior material by flame spread rate and smoke toxicity and its test method should be established.

• Journal of Energy Engineering
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• v.21 no.3
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• pp.265-270
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• 2012

The delay in the construction permit for the building, which obtained the approval of business proposal, may lead to a difference in the maintenance cost ranging between 20% and 30% in the neighborhood where the residents moved in, along with the new project under construction in the surrounding area amidst rigorous regulations that aim to promote energy-saving and the heightened interest of the public in energy conservation, and such problem would become the major source of serious public complaints. Thus, the energy-saving plan needs to be prepared when the approval is granted to the business plan. In order to prevent public complaints or ensure effectiveness of government's energy plan, it may be effective to apply the energy-saving plan based on current standards upon the award of construction permit when two years have elapsed since the date of the scheduled commencement of construction or when the start of construction is delayed as stipulated in the Article 18 of the Enforcement Decree of Housing Act. If the energy-saving plan and related technologies are merely the parts of license and permit process without fully serving their purposes and functions, it would be waste of time to deploy a lot of workforce and review and seek consultation. The government or owners of buildings need to fully understand the energy-saving aspects and exert effort to enhance the energy efficiency of buildings.

• Korean Security Journal
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• no.51
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• pp.81-100
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• 2017

Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.

• Journal of the Korean Institute of Landscape Architecture
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• v.38 no.5
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• pp.42-52
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• 2010

This research analyzed the overall issues pertaining to the questions that appear in the professional landscape architect screening system to assess 1he recognition of test-takers when it comes to the test questions in terms of the question objectivity, appropriateness, difficulty level and so forth The purpose of this is to present a set of recommendations so that the screening system can he improved and the professional landscape architect screening system consolidate its position. This in turn can help the professional landscape architect qualification process consolidate its position and improve the status of the landscape area in the industrial field. The research of this study was conducted for the all-round development of Landscape Architecture. The research method was divided into two stages, and a group of experts was leveraged to study subjects that are tested and subjects allocated. A survey was conducted of candidates and certification holders to assess the questions that appear in the test in terms of their level, objectivity, difficulty level, tendency of questions and so forth. Firstly, the study demonstrated that the subjects tested in the professional landscape architect test are different from the testing subjects that are suggested in the enforcement ordinance of the National Technical Professional Law. In addition, o1her problems include the overvaluation of a subject for testing, a lack of objectivity in testing, and difficulty level adjustment of questions. One main reason for many of these kinds of problems is that the questions appeared without thorough review and there is a lack of management concerning the members of the commtittee that develops the question. Accordingly, to make up for these problems, a viable screening system such as the reorganization of subjects that are tested, assigning suitable subjects, securing of question objectivity, and difficulty level of developed questions are necessary.

• Korean Security Journal
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• no.16
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• pp.161-187
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• 2008

The purpose of this study is to suggest a development method of current Korean security system by analyzing the problems shown in the performance of security work in relation to the terrorism, which is enlarging in the word, from various aspects. In order to perform the study, the researcher considered the basic theory concerned to current Korean law concerned to security, principle and methodology of security, terror and new terrorism. The researcher performed the study by selecting qualitative case study focused on Park Geun-Hye case. Through the study, the methods to develop Korean security system are as follows. First, from the legal aspect, it is necessary to establish the law concerned to terrorism prevention and important person security. Moreover, it is necessary to search for the development of private security by revising Security Industry Act, which is a legal ground of private security. Second, it is necessary to improve and reinforce education & training program, which is not still divided in detail from the aspect of private security cultivation. Moreover, it is necessary to activate personal protection work and enlarge market through Security Industry Act and make an effort to change social recognition over security, which is devaluated in the society. From the viewpoint, national license about private security shall be adopted. The department of president security, which is a representative of official security, shall transfer the advanced technology to private security organization. Third, from the aspect of operation, the operation of security based on SCE principle, human shield principle, the nearest person's protection principle, body extension principle, linear protection principle and evacuation priority principle is required. Therefore, the priority shall be given to preventive security and thorough security plan shall be made for the operation.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.41 no.5
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• pp.543-550
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• 2021

Recently, there has been an increase of accidents related to the rise in the use of Personal Mobility Vehicle (PMV). To solve this problem, the National Assembly announced an amendment that restricted the use of PMV to bicycle roads and to prohibited for people under 13 years old to use PMV, but there is no detailed information about travel speed and safety. In this study, a survey was conducted by dividing the group into minors and adults based on the age of obtaining a driver's license to find out the direction of improvement of laws and systems about PMV. Our results showed that adults considered PMV as more dangerous (Adults 5.50, Minors 4.94) and the suggested age for PMV use was lower from minors than adults (Adults 15.70, Minors 13.85). We found that proper travel speed on bicycle roads differed according to the presence of a driveway (Driveway 26.21 km/h, Non-Driveway 23.55 km/h) and minors had higher a travel speed than adults on all types of bicycle road. Also, Helmets for PMV were seen as the most important safety equipment on all types of bicycle road. and the importance of other safety equipment differed according to the presence of a driveway (Driveway Front-Lighting, Non-Driveway Car Horn). Through this study, It proposes that we have to make new regulations about the use of front lights and horns, as well as enforcement measures that differentiate the speed on each bicycle road type as a way to improve the laws and systems for PMV.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.366-373
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• 2020

According to Article 77 of the Ship Safety Act and Article 97(2) of the Enforcement Ordinance of the Ministry, the Recognized Organization (RO) personnel (ship surveyors) responsible for statutory survey shall have educational qualifications and experience in a specific field or obtain a license under the National Technical Qualifications Act. However, graduates from maritime high schools and those who completed the short-term course of the Ocean Polytec did not satisfy the qualification standards for the RO personnel since they did not graduate from the departments of maritime/fisheries or shipbuilding. Major shipping countries such as the United Kingdom, the United States, and Canada use the IACS (International Association of Classification Societies) regulations, and the Ship Safety Act in Japan has eliminated the qualification requirements for ship surveyors. In particular, under the IMO (International Maritime Organization) and IACS regulations, the RO personnel shall have as a minimum the following formal educational background: a degree or equivalent qualification from a tertiary institution recognized within a relevant field of engineering or physical science (minimum two years' program); or a relevant qualification from a marine or nautical institution and relevant sea-going experience as a certified ship officer; and competency in the English language commensurate with their future work. Considering that Article 17 of the Enforcement Decree on Public Officials Appointment Examinations prohibits educational restrictions and there are no educational restrictions on the qualifications of British and Japanese surveyors, if the maritime high school graduates have sufficient sea-going experience, education, and training, they could be recognized as meeting the qualification requirements. Moreover, those who completed the short-term course of the Ocean Polytec could also be recognized as meeting the qualification requirements because they are required to have at least a professional bachelor's degree (in the case of a third-class CoC (Certificate of Competancy)) and some sea-going experience after completion.

• The Journal of Fisheries Business Administration
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• v.37 no.1 s.70
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• pp.25-44
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• 2006

Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.