• Title/Summary/Keyword: National responsibility for protection

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Liability for Damages Due to Violation of Supervisory Duty by the Legal Guardian of the Mental Patient (정신질환자 보호의무자의 감독의무 위반으로 인한 손해배상책임 -대법원 2021. 7. 29. 선고 2018다228486 판결의 검토-)

  • Dayoung Jeong
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.133-170
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    • 2022
  • Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

Flexible Intelligent Exit Sign Management of Cloud-Connected Buildings

  • Lee, Minwoo;Mariappan, Vinayagam;Lee, Junghoon;Cho, Juphil;Cha, Jaesang
    • International Journal of Advanced Culture Technology
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    • v.5 no.1
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    • pp.58-63
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    • 2017
  • Emergencies and disasters can happen any time without any warning, and things can change and escalate very quickly, and often it is swift and decisive actions that make all the difference. It is a responsibility of the building facility management to ensure that a proven evacuation plan in place to cover various worst scenario to handled automatically inside the facility. To mapping out optimal safe escape routes is a straightforward undertaking, but does not necessarily guarantee residents the highest level of protection. The emergency evacuation navigation approach is a state-of-the-art that designed to evacuate human livings during an emergencies based on real-time decisions using live sensory data with pre-defined optimum path finding algorithm. The poor decision on causalities and guidance may apparently end the evacuation process and cannot then be remedied. This paper propose a cloud connected emergency evacuation system model to react dynamically to changes in the environment in emergency for safest emergency evacuation using IoT based emergency exit sign system. In the previous researches shows that the performance of optimal routing algorithms for evacuation purposes are more sensitive to the initial distribution of evacuees, the occupancy levels, and the type and level of emergency situations. The heuristic-based evacuees routing algorithms have a problem with the choice of certain parameters which causes evacuation process in real-time. Therefore, this paper proposes an evacuee routing algorithm that optimizes evacuation by making using high computational power of cloud servers. The proposed algorithm is evaluated via a cloud-based simulator with different "simulated casualties" are then re-routed using a Dijkstra's algorithm to obtain new safe emergency evacuation paths against guiding evacuees with a predetermined routing algorithm for them to emergency exits. The performance of proposed approach can be iterated as long as corrective action is still possible and give safe evacuation paths and dynamically configure the emergency exit signs to react for real-time instantaneous safe evacuation guidance.

A Study on Policy Acceptance Intention to Use Artificial Intelligence-Based Public Services: Focusing on the Influence of Individual Perception & Digital Literacy Level (인공지능 기반 공공서비스 정책수용 의도에 관한 연구: 개인의 인식과 디지털 리터러시 수준이 미치는 영향을 중심으로)

  • Jang, Changki;Sung, WookJoon
    • Informatization Policy
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    • v.29 no.1
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    • pp.60-83
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    • 2022
  • The purpose of this study is to empirically analyze the effect of individual perception of artificial intelligence and the level of digital literacy on the acceptance of artificial intelligence-based public services. For empirical analysis, a research model was set up based on the technology acceptance model and planned behavior theory using survey data of 2017 and analyzed through structural equations. To summarize the results of the analysis, firstly, the positive perception of individuals about artificial intelligence technology plays a role in reinforcing attitudes toward benefits and reducing concerns about public service in which artificial intelligence technology has been introduced. Secondly, the level of digital literacy reinforces both benefits and concerns about artificial intelligence technology, but it was found that the intention to use public services was reinforced through the benefits of artificial intelligence technology perceived by individuals, rather than privacy concerns about artificial intelligence technology. Thirdly, it was confirmed that the perceived benefits of individuals on artificial intelligence technology reinforced the intention to use public civil services, and privacy concerns negatively influenced the intention to use. It was confirmed that the influence of a perceived ease of use and usefulness, as opposed to privacy concerns, further reinforces the intention to use. Both citizens' positive perceptions regarding the accuracy and reliability of information provided through artificial intelligence technology and institutional complementation of responsibility for errors caused by artificial intelligence technology are strengthened, and technical problems related to privacy protection are solved.

A Case Study on the Linkage of Lifelong Education between Social Enterprises and the Vulnerable (사회적기업과 취약계층의 평생교육 연계에 관한 탐색적 사례연구)

  • Lee, Hyo-Young;Han, Sang-Hun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.4
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    • pp.293-303
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    • 2017
  • Thus study examined the possible the link between social enterprises and lifelong education for the underprivileged. To this end, this study searched for the definition and position of social enterprises emerging from the welfare system under the influence of neoliberalism and overcoming the problems in terms of creating social jobs and providing welfare services. In addition, the lifelong education for the underprivileged was examined according to the subjects, such as the disabled, migrant women, young and adult low-income group, and senior citizens. The plan was as follows. First, the expansion of the proportion of community-affiliated social enterprises was analyzed. Second, it provides a differentiated support and protection market for social enterprise. Third, the development and dissemination of social entrepreneur training programs was examined. The results showed that the entire society should have a sense of responsibility for the support of the underprivileged. This provides implications for the linkage of lifelong education and social enterprise in the expansion possibility to improve the quality of life and expand lifelong education for the underprivileged.

A Review on the Legal rights and obligation from the legal status of registered security guard (청원경찰의 법적 지위에 따른 권한과 의무)

  • Han, seung;Kim, yong geun
    • Korean Security Journal
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    • no.44
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    • pp.251-278
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    • 2015
  • Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

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An Exploration on Personal Information Regulation Factors and Data Combination Factors Affecting Big Data Utilization (빅데이터 활용에 영향을 미치는 개인정보 규제요인과 데이터 결합요인의 탐색)

  • Kim, Sang-Gwang;Kim, Sun-Kyung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.287-304
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    • 2020
  • There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

The Rebuilding and Patronage of Naksansa Temple in Joseon Royal Family (조선왕실의 낙산사(洛山寺) 중창과 후원)

  • Lee, Sang-Kyun
    • Korean Journal of Heritage: History & Science
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    • v.50 no.2
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    • pp.116-139
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    • 2017
  • Naksansa Temple was famous for a miracle temple where Lee Haeng-ri(李行里), King Ikjo(翼祖), had prayed for offspring and soon begat King Dojo(度祖). According to the First King's Annals("太祖實錄"), King Dojo was the person who directly received prophecy of founding a Joseon. For these reasons, Naksansa Temple received attention concerning the foundation of Joseon. The birth story of King Dojo and his father's prayer at the Avalokitesvara Bodhisattva cave(觀音窟), Naksansa Temple, was well known among the noblemen and royal families until the Late Joseon period. Lee Seoung gye(李成桂) paid particular attention to the Naksansa Temple, and King Sejo(世祖) also made people rebuild the temple when he went for a royal tour in Gangwon-do. Naksansa Temple was built during the time when King Sejo made many temples in order to strengthen the royal authority. King Sejo made people extensively rebuild the temple, praying for health and longevity of King Yejong(his son). King Sejo's will of rebuilding the Naksansa Temple was very strong. The residents of the area had to pay a huge cost because the rebuilding of the Naksansa Temple was a big construction. Hak-yeol(學悅), who had a responsibility of rebuilding the Naksansa Temple, forcedly obtained supplies as he received protection from the royal family. Naksansa Temple thrived with the protection of the royal family after rebuilding. King Yejong and Seongjong gave Naksansa Temple slaves and fields(田地). He also bestowed upon the temple the salts which was the tribute paid by Gangwon-do. In order to protect the precincts of the Naksansa Temple, the government closed the Yang Yang Main Street near Naksansa Temple and built a new road. And the signs of preventing fishing(捕漁) was built along the coast of Naksan in four kilometers in order to keep people out. Although the Naksansa Temple declined in the late Joseon period, it still received support under the protection policy and maintained its reputation as an original Buddhist shrine.

New Government's Responsibility and Achievement in Records & Archives Management (공공기록물 관리에 있어 이명박정부의 책임과 '업적')

  • Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.257-280
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    • 2008
  • The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

Methods to improve infant clothing made with Hanji yarn - Investigating the image of Hanji and Hanji yarn infant clothing - (한지사 영·유아복 개선 방안 모색을 위한 연구 - 한지와 한지사 영·유아복 이미지 조사를 중심으로 -)

  • Ju, Jeong Ah;Shim, Joon Young;Kim, Hyun Chul
    • The Research Journal of the Costume Culture
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    • v.21 no.1
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    • pp.57-65
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    • 2013
  • With environmental pollution becoming a serious problem, recently there has been increased interest in the environment and health. In addition, the development of materials for environmentally friendly and functional clothing has increased. Environmentally friendly products that use bark fibers of the mulberry(dak) tree are expressed in terms of dak fiber and Hanji yarn. This research analyzed consumer's perceived images of Hanji and Hanji yarn infant clothing. The research results are as follows. Based on analyzing images of Hanji and Hanji yarn, Hanji was categorized into four images that can be described as natural, pure, decorative, and functional, and Hanji yarn infant clothing was categorized into three images that can be described as natural, decorative, and functional. Based on the analysis of well-being elements in subjects' lifestyles, the following four inclinations were found: environmental friendliness, pursuit of novelty, life care, and environmental protection. On this basis, the subjects were categorized into three groups: the trend-pursuing group, the life-care group, and the social responsibility group. Subjects' perceived images of Hanji and Hanji yarn infant clothing were investigated, and these products were found to have a strong image of being Korean, traditional, and natural, while being weakly perceived as comfortable, functional, and practical. Analyzing the correlation between images of Hanji and Hanji yarn infant clothing and lifestyle groups revealed that these products were not perceived differently according to group. This study showed that Hanji and Hanji yarn are terms that are commonly associated with positive clothing material. However, both Hanji and Hanji yarn are perceived negatively in terms of functional image, which is an important factor in clothing material. In addition, even among consumers who pursue a lifestyle based on well-being, the functional image of Hanji yarn was not perceived highly. Hence, it is necessary to further examine the effect of terms such as Hanji and Hanji yarn on consumer choices. Therefore, caution is considered needed when using such terms in the marketing of related products.

Perceptions of the Security Management at Critical Facilities in South Korea: College students' attitudes toward increasing demand for security personnel and the alternatives to police (공공부문 정규직 전환 및 의무경찰제도 폐지에 따른 보안산업 변화에 대한 인식)

  • Wang, Sug-Won;Choi, Yeon-Jun
    • Korean Security Journal
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    • no.61
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    • pp.87-107
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    • 2019
  • With the government policy on converting contract workers to full-time employees, there have been significant changes about the security personnel at the nation's critical facilities, including the National Assembly Building and airports. Moreover, the scheduled disbandment of the conscripted police force in 2023 has raised concerns about security management at different government agencies. To examine the college students' perceptions on the possible alternatives to fill the expected security gap, 234 undergraduate students of security management and protection in the Seoul metropolitan region were surveyed. Particularly, a comparative analysis was conducted on the legal bases and supervision, the employment types and salaries, and the scopes of responsibility and authority of suggested alternatives were compared. The results showed that utilization of private police forces was thought to be the most effective option. Based on the research findings, the university departments should develop and maintain a quality curriculum to educate their students to be prepared security professionals with a focus on emergency response capabilities and martial arts, including the courses on private police law and emergency rescue and cardiopulmonary resuscitation (CPR).