• Title/Summary/Keyword: Related laws

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Factors on Help-seeking Behaviors among the Disabled Experiencing Domestic Violence (가정폭력 피해 장애인의 외부도움요청 영향 요인)

  • Kim, Jae-Yop;Yi, Min-Gyeong;Park, Ji-Min
    • Journal of Families and Better Life
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    • v.31 no.5
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    • pp.109-123
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    • 2013
  • This study aims to investigate the factors on help-seeking behaviors among the disabled experiencing lifelong domestic violence and suggest practical plans to address the problems. According to an analysis of the data of the "2010 Domestic Violence Survey of South Korea", the occurrence rate of lifelong physical violence is 12.1% and that of severe physical violence is 6.2% among 273 adults with disabilities. The rate of help-seeking among the disabled experiencing lifelong domestic violence is 26.3%, which means two-thirds of the disabled experiencing domestic violence do so for a long time. The results of the study show that the experience of severe physical violence(p<.05), attitudes toward violence(p<.05), and awareness of domestic violence and related laws(p<.05) were found to have an impact on help-seeking behaviors among adults with disabilities experiencing domestic violence. However, an accepting attitude of disability and social connections of disabled were not found to have an impact on help-seeking behaviors. Based on these results, this study suggested raising awareness about domestic violence among the disabled, educating people with disabilities not to tolerate violence and informing them about the domestic violence-related legal system, and training service professionals (social workers, health professionals etc.) to screen the disabled for domestic violence and prevent them from becoming domestic violence victims.

A Study on the Penalty of the Breach of Country of Origin Labeling in Korea Foreign Trade Act (대외무역법 원산지표시위반 관련 벌칙에 관한 연구)

  • Park, Kwang-So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.379-402
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    • 2010
  • The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

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Prior Task to Prepare for International Terrorism: Focusing on Multiple-use Facilities (국제테러리즘 대비를 위한 선결과제 : 다중이용시설을 중심으로)

  • Lee, Dae Sung
    • Convergence Security Journal
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    • v.18 no.4
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    • pp.89-93
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    • 2018
  • As terrorist organizations like ISIL and Al-Qaeda attack multiple-use facilities such as subways and department stores that many unknown citizens are using, the fear and anxiety are expanding. If international terrorism occurs in Korea, it may attack multiple-use facilities. Therefore, we need to have countermeasures against the attack. However, as the concept of multiple-use facilities has multi-faceted meanings and the scope is wide, there is a limitation in the preparation for international terrorism. In this study, it was tried to find the solution through reviewing the multiple-use facilities related laws. First of all, as the multiple-use facilities related laws were legislated by government organizations according to the necessities, the concept and scope are very inclusive. Therefore, it is possible to have controversies on the scope of the review related to anti-terrorism. Next, the department responsible for the international terrorism is not clear, which can make issue of rights and responsibility. To overcome such limitations, this study tried to set the concept and scope of multiple-use facilities and discussed the issue of the responsible department.

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A Study on the Improvement of the Legal System Related to Electro-Optical Oxidation Slag

  • Kim, Hyeok-Jung;Lee, Young-Woo;Park, Se-Hun
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.12
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    • pp.299-303
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    • 2020
  • Currently, electric furnace oxide slag is mostly used for soil or road use due to its nature. Although electric furnace oxidation slag is an industrial byproduct, not a circulating aggregate, the shortcomings of electric furnace oxidation slag are gradually being resolved due to the development of technology, and it is said that electric furnace oxidation slag is enough to be used as aggregates in light of research and technology conditions outside of Korea. However, there are difficulties in expanding construction and application, given that the current standard for electric furnace oxid slag only defines recycling purposes and does not have specific regulations. Therefore, institutional supplementation is needed to utilize oxidation slag as electricity. In this study, the laws and system related to oxidation slag by electricity are reviewed, laws related to recycled aggregate are examined, and measures for improvement are proposed.

A Study on the Current Status and Responses System of Child Abuse

  • Lee, Young-Woo;Jang, Su-Yeon
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.7
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    • pp.109-114
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    • 2022
  • Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

A Study on the Improvement Plan for Reducing the Risk of Crowed Event (다중운집행사 리스크 저감을 위한 개선방안 연구)

  • Nam-Kwun Park
    • Journal of the Society of Disaster Information
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    • v.20 no.2
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    • pp.379-389
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    • 2024
  • Purpose and Method: Crowed Events can lead to sudden accidents caused by unpredictable variables. Therefore, focusing on the '10.29 Itaewon accident' among the representative cases, we examined the accident as the process of occurrence. In addition, improvement measures were suggested through analysis of related legal systems. Result: In the Itaewon accident, a "colony wave phenomenon" occurred due to "ultra-high-density cluster stay". In addition, cluster destruction occurred from a weak location in the cluster due to clusters and pressures in different directions to avoid this. Looking at the laws related to the safety management of Crowed Events, the laws and regulations differ depending on the location and type. Due to the complementary nature of the approach to the legal blind spot, the legal system that uses similar terms of the same concept and is not systematic is causing uncertainty in the application and interpretation of the law. Conclusion: Crowd control and on-site management should be carried out for events when the cluster density is expected to reach 8 people/m2 or reached. Consistency should be maintained through the unified application of legislation to related legislation.

A Study of Institutional Improvements for Responding to Electric Vehicle Fires: Focusing on the Case of Seoul (전기자동차 화재 대응을 위한 제도적 개선 방안 연구: 서울시 사례를 중심으로)

  • Nam-Kwun Park;Seung-Hee Ham
    • Journal of the Society of Disaster Information
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    • v.20 no.1
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    • pp.32-39
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    • 2024
  • Purpose and Method: This study aims to suggest institutional improvements to enhance the response to electric vehicle fires. To this end, we examined the prevalence of electric vehicles, fires, and related legal systems in Seoul. Results: The top-level laws and ordinances related to electric vehicles are centered on distribution policies, so there is no practical fire response plan for electric vehicle fires. In order to apply the same regulations to each local government, it is necessary to set standards and establish a system for firefighting and safety facilities in higher laws. Conclusion: Establishing standards for the installation of fire and safety facilities that take into account the characteristics of electric vehicle fires and improving related systems will ultimately lead to an increase in the penetration rate of electric vehicles.

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act (북한의 외국인투자법과 대외경제중재법의 적용범위)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.91-120
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    • 2020
  • The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

A Study on the Problems and Improvements of the Management System for Foreign Seafarers Boarding Korean Ocean-Going Vessels (우리나라 외항상선에 승선하는 외국인 선원 관리제도의 문제점 및 개선방안에 관한 연구)

  • Kim, Kun-Jin;Shin, Sang-hoon;Shin, Yong-John
    • Journal of Navigation and Port Research
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    • v.43 no.6
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    • pp.384-394
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    • 2019
  • This study investigated the current status of the management system for foreign seafarers boarding Korean ocean-going vessels and analyzed the problems and suggested measures for improvement through the survey of shipping companies, ship management companies, crew manning companies and related associations. The conclusion is summarized as follow. First, it is necessary to reorganize and apply the collective agreements or the laws applicable to the foreign seafarer separately in regard to the foreign seafarer related laws and collective agreements applied in the same way as the Korean seafarer. Second, it is necessary to change the decision-making to shipowner in deciding on the number of foreign seafarers employed by the Korean ocean-going vessels or if the decision-maker remains the same, the relevant laws must be clearly defined pertinent to the decision-maker. Additionally, the number of foreign seafarers should be applied for each position and ship's type. The third is to expand the recognition arrangement for certificate of ships' officers to Eastern Europe and Asian countries to expand the range of options for hiring foreign seafarers. The fourth is to prevent the waste of administrative manpower by simplifying complicated and unnecessary administrative procedures from hiring and boarding of foreign seafarers. The fifth is to establish a systematic training and education system for foreign seafarers in cooperation with related shipping companies and government authorities, associations and so on. This study will contribute to providing a more efficient and systematic management of foreign seafarers boarding Korean ocean-going vessels.

A Study on Spam Regulation (스팸규제에 관한 연구)

  • Baek, Yun-Chul
    • Journal of Information Management
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    • v.38 no.4
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    • pp.48-67
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    • 2007
  • The economic burden which our society has to take exceeds the benefit that it becomes by the free circulation of information. Problems such as inconvenience or inequality between people can also occur since the regulation task of spam e-mail or SMS is imposed on two organs; the Department of Information and Communication and Free Trade Commission. The dualization of regulation separates related laws, which makes exception according to the $\ulcorner$Law on Information Communication Usage and Information Protection$\lrcorner$ or poses double regulation toward the same case. The spam prevention activity at free hands of information communication network provider such as portal site or mobile communication has many limitations along with comparison and analysis of spam regulations abroad. Therefore, examinations on legal obligation such as service restriction, identification and technical measure to spam prevention is needed. This study focuses on making the scope of spam regulation clear by considering the domestic related laws and the general environment of industry, on enacting law which regulates spam including advertisement and on deducting essential facts in enacting or modifying related laws and thus, deducting the form and contents of spam regulation law which is most decent in our domestic environment.