• 정보관리학회지
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• 제37권2호
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• pp.1-22
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• 2020

공동발의 네트워크는 법안 공동발의로 형성되는 국회의원 간의 관계를 통해 국회 입법과정을 보여준다. 본 연구는 제19대 국회 임기기간 중 발의된 도서관법안을 중심으로 공동발의 네트워크 분석과 국회의원 액터의 중심성 분석 및 키워드 중심 네트워크의 서브그룹 분석을 실시하였다. 연구결과, 도서관법안 공동발의 네트워크는 정당에 따라 분절된 모습을 보였으며, 다른 소속 정당 의원과 근접한 거리에 위치하면서 매개적 역할을 수행하는 의원들이 네트워크에서 중요한 영향력을 미치고 있었다. 키워드중심 네트워크로 재구조화할 경우, 다른 정당 소속 의원들이 동일한 키워드를 공유하면서 서브그룹을 형성함에 따라 정당으로 분절된 네트워크 구조가 개선되는 모습을 보였다. 연구결과를 토대로, 도서관계 입법활동 활성화를 위해서는 정당 간 매개적 역할을 하는 의원들을 중심으로 도서관 법안이 아닌 주요 키워드를 중심으로 정책이슈를 확산하고 공유하는 전략이 필요하다는 점을 제시하였다.

• 항공우주정책ㆍ법학회지
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• 제19권1호
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• pp.57-77
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• 2004

1967년 우주조약에서 규정된 우주활동에 대한 국가의 감독 의무가 구체적으로 어떠한 방식으로 이행되는가에 대해서는 각국의 입법 사례에 따라 다르며, 아울러 그 의무의 강제력에 대한 논의도 지속되어 왔다. 다수의 국적 위성을 발사하고, 발사장을 곧 건설, 운용할 대한민국 정부는 그러한 감독 의무를 이제는 이행하기 위한 구체적인 조치를 취할 단계에 이른 것으로 판단되며, 이에 입법 방향을 검토해 보고자 한다. 1967년 우주조약은 우주활동 주체들이 국제법을 포함한 1967년 우주조약을 준수하고, 그에 따른 국제책임을 국가가 부담할 것을 규정하고 있다. 이에 전 국가를 위한 우주 이용의 원칙, 우주공간의 비영유원칙, 및 우주활동에 대한 국가 감독 및 책임 원칙 등이 준수하여야 할 국제협약상의 의무로 요약되며, 그 이행을 위한 입법 조치가 필요하다고 판단된다. 국내 입법 체계상, 기존의 타 법령과의 조화를 꾀하면서, 우주 발사체의 발사 허가제도 등을 내용으로 하는 입법 조치가 필요하다고 판단된다.

• 항공우주정책ㆍ법학회지
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• 제29권2호
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• pp.183-204
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• 2014

미 911 사건으로 전 세계 민간 항공보안 시스템이 획기적으로 변화하였다. 특히 미국정부는 기존의 항공보안 시스템을 완전히 개선한 새로운 항공보안 시스템을 구축하였다. 이러한 변화중 가장큰 변화는 항공보안 법 규정이다. 새로 2001년 제정된 항공교통보안법에 따라. 미국의 항공보안 강화를 위하여 관련된 연방항공보안 규정이 개정되었다. 이러한 법규정을 근거로 하여 공항보안 프로그램, 항공사보안프로그램, 탐지견 프로그램, 행동탐지요원 프로그램, 기내 무장보안요원 프로그램 등 새로운 항공보안 프로그램을 개발하게 되었다. 이러한 프로그램을 통하여 미국 항공보안 시스템은 더욱더 개선 발전되었다. 또한 항공교통보안법을 근거로 하여 설립된 미 교통보안청은 미국의 항공보안 발전에 크나큰 기여를 하게 되었다. 본 논문의 목적은 미국의 항공보안 시스템, 특히 항공보안 법령에 대한 연구를 하며 이를 한국의 항공보안 법령과의 비교 연구하여 한국 항공보안 시스템의 발전을 제공하고자 하였다.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• 의료법학
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• 제9권1호
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• pp.129-162
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• 2008

Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

• 한국환경과학회지
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• 제23권12호
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• pp.2107-2120
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• 2014

Natural environmental protection system in North Korea is rarely understood mainly because of lack of information in scientific and legislative fields. Legislation is very important to achieve goal for protected areas, which are described in "Natural Protected Area Law(NPAL)". Cabinet of North Korea has authorities to lead the Central Agency for Land and Environment Conservation(CALEC). Designation and managements of natural protected areas are regarded as CALEC and local governments responsibilities. There are many differences between South and North Korea. Especially legislation system has many differences. North Korea's Labor Party is superior to the Government and Labor Party's order has at least the same authority to regulate and manage the national policy and means. With NPAL, CALEC organizes the national plan for natural protected area and regulate the activities of the Agencies for Land and Environment Conservation in the aspects of action plan, budget and other resources. For the reunification in the future, legislation system of North Korea should be understood.

• 가정과삶의질연구
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• 제19권2호
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• pp.13-21
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• 2001

The purpose of this study is to examine the Marriage Preparation and Preservation Act adopted in Florida which require premarital counseling and covenant marriage laws of Louisiana and Arizona among many kinds of family policy which recently are designed to prevent divorce in the United States of America. Most of states in the U.S. require the marriage license prior to having a marriage ceremony. Covenant marriage legislation has admirable motives to strengthen marriage and cure the defects of the no-fault system. In that legislation, the imposition of waiting period for the no-fault ground of divorce, proof of fault requirements, consent requirements, and mandatory course or counseling attendance will likely serve as deterrents to those seeking divorce as a first resort. To sum up, by offering preventive measures in the form of premarital counseling and waiting period before marriage, covenant marriage will force couples entering marriage to carefully consider their actions before they act and prevent broken marriages in the first place. In response to rising divorce rates, the Koreas family policy has put its emphasis of fixing social problems accompanied with family dissolution. Rather, this study suggests that attention in Korea also should be shifted from broken marriages to preventing them.

• 보건행정학회지
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• 제29권3호
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• pp.368-373
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• 2019

Korea is undergoing a rapid environmental change in health and welfare. Therefore, the law mandates the establishment and implementation of plans in accordance with the changes. A total of 49 long-term plans related to health and welfare were specified by the National Law Information Center, the Korean representative legal information website managed by the Korea Ministry of Government Legislation. Of the 49 long-term plans, 10 plans (20.4%) were not yet fully constructed. Eight out of 10 non-constructive plans have been put into force for more than a year, but these plans still require further systematic planning and development. The complete construction of long-term plans is substantial to account for the changes in South Korean health and welfare. In addition, a systematic plan with solidarity and continuity between the mutual plans should be established in planning.

• 한국항공운항학회지
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• 제31권4호
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• pp.72-81
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• 2023

The use of EFB (Electronic Flight Bag) has expanded, providing convenience to flight crews by minimizing paper usage within aircraft and offering the latest information, operability, and convenience related to aircraft operations. EFBs provide flight-sensitive information such as aircraft performance calculations, airport diagrams, routes, and approach procedures. For these information, EFBs connect to the cyber environment through Wi-Fi or self-contained data communication, allowing access to cloud-based systems for information updates, with administrators uploading the latest information for retrieval. However, in contrast to the evolving aviation technology, there is currently no legislation or security policy in place to maintain the security of EFBs, leaving them exposed to potential cyber threats. Therefore, improvements such as revising relevant laws to address potential cyber threats targeting EFBs and establishing and implementing EFB management systems are necessary. This paper aims to present the necessity for amending laws related to EFB security in response to cyber threats and suggests methods for enhancement.

• 항공우주정책ㆍ법학회지
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• 제31권2호
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.