• Title/Summary/Keyword: Related laws

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Legal Issues and Improvement Schemes for Underground Pedestrian Connection to Utilize Three-dimensional Urban Space - With Cases of Jung-gu, Seoul - (입체적 도시공간 활용을 위한 지하연결통로 설치의 법적 쟁점과 개선방향 - 서울시 중구를 사례로 -)

  • Kim, Jee-Yeop;Yang, Hee-Seung
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.35 no.4
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    • pp.69-79
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    • 2019
  • The purpose of this study was to analyze legal characteristics and issues of an underground pedestrian connection, which is a very useful tool to create 3D pedestrian networks and the vibrant underground environment. To do this, this paper explored the related laws to install the connection and analyzes 74 cases of Jung-gu, Seoul to find major issues. Then, it defined the legal characteristics in terms of not only the laws but also property law in Korea, thereby suggesting the improvement schemes. As a result, this paper concluded that the connections can be installed by an Urban Planning Facility or a Road Occupation Permit, but should be considered their public interest. In addition, exactions or fees for the permit should be carefully implemented based on the characters of the connection.

DEVELOPMENT OF THE ANTI-CORRUPTION OPERATING SYSTEM ON CONSTRUCTION CONTRACTS AND PROCUREMENTS IN KOREA

  • Jee-Hye Kim;Kwang-Seop Lee;Kyung-Rai Kim;Hee-Sung Cha;Dong-Woo Shin
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.1106-1111
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    • 2005
  • The present Korean laws related to anti-corruption are not effective in preventing corruptions[1]. In this context, the purpose of this study is to build the proactive anti-corruption operating system that has the function to prevent corruptions from occurring in the contract and procurement sector of Korean public construction projects. The proactive anticorruption operating system consists of four parts ; developing integrity performance manual(IPM), making integrity performance plan(IPP), practicing IPP, and integrity performance evaluation(IPE). By analyzing various kinds of audits and relevant laws and interviewing with government officials and staff in construction companies, the causes and stereotypes of corruptions and the concept, role, and guide of IPM, IPP, and IPE are provided in this paper.

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A Study on the Improvement of the Legal System for Digital Transformation of the Construction Inspection Works (건축공사 감리업무의 체계성 강화를 위한 법제도 개선안 연구)

  • Kim, Su-Na;Kim, Young-Jin;Lee, Woong-Jong;Roh, Young-Sook
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.375-376
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    • 2023
  • In this study, the legal and institutional status of construction supervising and construction inspector was identified. As a result of examining the definitions of construction supervision terms, focusing on domestic construction-related laws, it was found that there were no consistency between each laws regarding 'terminology' and 'definitions'. In addition, the scope of construction inspector's work continues to expand through the delegation provisions to lower statutes, however, responsibility, authority, and inspection cost are not taken into account properly. In addition in order to introduce digital technology to the smart construction site, which is currently active under way, it is judged that the law and institutional contents need to be improved further.

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A Study on Legal Limitations of Teachers' Right for Expression (초.중.고교 교원의 정치적 표현과 제한법리에 관한 탐색적 연구: '시국선언' 관련 판례를 중심으로)

  • Lee, Jae-Jin;Lee, Jeong-Ki
    • Korean journal of communication and information
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    • v.54
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    • pp.32-57
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    • 2011
  • This study examined how the Korean courts have made a balance between rights of school teachers' expression and the public interests derived from regulating their rights for expression in related cases. Under the Korean laws such as National Public Service Law and the Law on Assembly and Demonstration, school teachers are considered as civil servants and basically not allowed to assemble to demonstrate for their own interests. The analysis revealed that in 24 cases from a total of 31 teacher-related court cases, teachers were found guilty in violation of related laws. In deciding whether the teachers' participation on anti-government assembly was guilty or not, the courts put an emphasis on public purpose of their expression, the degree to which their expressions affect the society, and specific contents of their expression. Conclusively, it was found out that in applying the related law, Korean courts tend to overweigh the public interests, rather than the teachers' right to express.

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The Effects of the Abduction Viewpoint on Science Teachers' Thoughts Related to Hypotheses and Laws in Ninth Grade 'Construction of Matter' and 'Rules of Matter Change' Chapters (중학교 3학년 '물질의 구성' 및 '물질 변화에서의 규칙성' 단원의 가설과 법칙에 대한 귀추적 관점이 과학 교사들의 사고에 미치는 영향)

  • Kim, Jun-Ye;Paik, Seoung-Hey
    • Journal of The Korean Association For Science Education
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    • v.29 no.1
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    • pp.10-21
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    • 2009
  • The purpose of this research was to investigate science teachers' thoughts about hypotheses and rules related to the contents of ninth grade 'Construction of Matter' and 'Rules of Matter Change' chapters. The changes of their thoughts through experience of the abduction viewpoint were also analyzed. Twenty-two science teachers in the masters course took lessons and discussions related to the abduction viewpoint in the course of three weeks. The changes in thought of four teachers selected among them were investigated through individual interviews and their reports. From the investigation, it was found that the two teachers who had not recognized the problems of textbook content order could distinguish rules and hypotheses after the lessons and discussions. The two teachers who had recognized the problems before the lessons gained the abduction viewpoint through the lessons. They also recognized new opinions related to teaching styles for students and the meaning of the abduction viewpoint on education.

Comparative Research on Global Policy in ICT Accessibility for Vulnerable Groups -Focusing on Implementation of Legislative System- (취약계층을 위한 정보통신 접근성 정책에 대한 국가 간 비교 연구 -관련제도 중심으로-)

  • Kim, Jung-Yeon;Park, Sung-Woo;Kang, Byung-Gwon;Son, Chang-Yong;Jung, Bong-Keun
    • 재활복지
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    • v.20 no.1
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    • pp.131-150
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    • 2016
  • This study aims to compare global policies on ICT accessibility and to suggest possible solutions that help to enhance ICT accessibility for socially disadvantaged groups. The results indicated that related laws and standards in Korea are relatively well established than Asian countries' whereas they need improvements when compared to the US or the UK. Particularly, in spite of rapid development in information communication technology industry, incorporating the definition of newly developed technologies into existing laws related to ICT accessibility seemed slow that caused reluctancy of related parties to address accessibility issues the new technologies create. In addition, Korean government seems less effortful to develop policies and standards apart from web and mobile application accessibility. In order to resolve the problems, firstly, the period or process of enacting and amending laws can be shorten. Next, a government affiliated research institute can be established to do research and develop ICT accessibility related to user scenarios so that effective policies and standards could be readily provided. Even though other possible solutions can be suggested, what is more important than that is that any interested parties should sustainably make efforts to provide equal opportunities for the underserved populations.

Citation Laws and Quasi-Impact Factor on Innovation Studies in Korea (한국기술혁신연구의 인용문헌 법칙과 의사 영향력지수)

  • Park, Jun-Min;Seol, Sung-Soo;Nanm, Su-Hyeon
    • Journal of Information Management
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    • v.40 no.4
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    • pp.135-150
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    • 2009
  • Existing bibliometric laws have been established on the basis of well defined science journals with a long history. However, the history of technology innovation research in Korea is young and the scope of the research is diverse compared with other fields. The main purpose of this research can be summarized as follows : Can the traditional bibliometric laws be used to explain the young and diverse data derived from technology innovation studies in Korea. Second, we want to compare the explain ability of the power law, compared with the traditional laws in the field. Third, we propose a quasi index related to the well-known impact factor to measure the contribution of a journal or a group of journals to the development of innovation research in Korea. We confirmed Lotka's and Bradford's laws which are used to measure the productivity of researchers, but we could not support the validity of Price's Square Root law as Nicholls (1998) could not. On the citations to journals, Garfield's laws is not observed. However, the power law fits well the citations to author, journal, article, and book. The estimated parameters between 1.6 and 3.5 are similar to the values in the range of 1.5 and 3 in previous studies. Finally the quasi index shows that the influence of international leading journals on innovation research in Korea is weaker than on innovation studies in the world.

Health Psdromotion Strategies under Regional Health Planning (보건소의 건강증진사업과 지역보건의료계획)

  • 이규식
    • Health Policy and Management
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    • v.7 no.1
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    • pp.1-31
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    • 1997
  • In many people's minds, health promotion is simply a more modern term covering roughly the same field as disease prevention or life style related reduction of the risk factors of chronic disease. A review of the modern literature of health promotion make it clear that there is more to this term than what is involved in functioning as a synonym for disease prevention. Therefore, in order to reach a clear understanding of what health promotion is, this study suggest the concept of the health balance model. Health balance is represented in terms of an equilibrium between physical, social, and life-style-related health challenges on the one hand and health potential on the other hand. Thus, health promotion strategies encompasses both the reduction of health challenges and the strengthening of health potential. Many elements of reducing health challenge are mainly related to the regulation laws. Aspects of strengthening of health potential are related to activities of health center. Therefore, health promotion strategies at a community level should be included in regional health planning which is implemented by health center.

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The study for accidents prevention through the analysis of construction machinery-related accidents (건설기계로 인한 재해특성 분석을 통한 예방 방안)

  • Park, Yong-Kyu
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.71-79
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    • 2014
  • The scale of construction industry recently tends to become bigger and larger in line with development of construction technologies and methods. Although increasing usage of construction machinery has led to improving productivity, reducing schedule and cost, constructions workers have been exposed to unstable work environment, causing more and more accidents. Construction machinery-related laws and regulations has not been enacted and reflected the conditions and circumstances of the construction industry in a timely manner. A various construction machinery and equipments produced and changed in structure randomly are so widely used that related-accidents may occure gradually. Propose a plan for accidents prevention through the analysis of characteristics and cases on construction machinery-related accidents over the past five years from 2009 to 2013.

An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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