• 보건행정학회지
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• 제25권3호
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• pp.174-184
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• 2015

This paper reviewed structure and current status of laws related to patient safety using patient safety law matrix to promote systematic approach in legal system of patient safety. Laws related to patient safety can be divided into three areas: laws for preventing; laws for knowing about; and laws for responding. In the case of Korea, gaps are especially prominent in the areas of laws for knowing about and responding. Patient safety law which will be enacted in July 2016 will fill the gap in the area of laws for knowing about. This law will be comprehensive law, covering the full spectrum of laws related to patient safety. However, after reviewing current patient safety law in Korea, the following drawbacks were identified: absence of code for grasping the current patient safety level; absence of code for mandatory reporting in patient safety reporting system; and absence of code for privilege about patient safety work product. Furthermore we need wider discussions about covering issues of open disclosure, apology law, coroners system, and complaint management system in patient safety law.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2009년도 춘계학술대회
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• pp.79-91
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• 2009

The government separated and established the industrial safety and health law from the Labor Standard law since 1981 to promote the labor's working environment and to improve the conditions of laborers. The government made a lot of effort to discharge the industrial safety and health law by continuous revision of the law thereafter. it is, however, difficult to establish clear-cut lines of authority and responsibility due to the fact that the substantial application of the industrial safety and health law is adapted by enterprise's autonomous management. There are frequent industrial disasters on the small and medium enterprises which have financial difficulty and it means this causes much more social cost. Finally, for the improvement of laborer's safety, health and working environment in the small and medium enterprises we need to raise the effectiveness of the industrial safety and health law through enhancing a government-office's administration and surveillance with the changing mind of a business proprietor. On this paper, we research on the actual condition of the administration, inspection and regulation of safety and health by means of the industrial safety and health law. Thereafter we analyze how much the Korea Occupational Safety & Health Agency and vicarious businesses of safety & health management help. we used the survey method to gather data from 380 laborers directly and analysed the data by SPSS v17.0.

• 한국자동차공학회논문집
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• 제17권5호
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• pp.115-126
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• 2009

This paper studied on the application of the crashworthiness regulations of Korean Railway Safety Law and Urban Transit Safety Law to the urban Maglev vehicle of KIMM. The Urban Maglev vehicle has to comply with the crashworthiness regulations for urban transit vehicles. The collision load cases have been simulated by using explicit finite element analysis. From the numerical results, the crashworthiness regulations of the Urban Transit Safety Law were completely satisfied, but maximum crash pulse requirement in 25 km/h crash event and no plastic deformation requirement in 10 km/h crash event in the Korean Railway Safety Law were not. If a commercial urban Maglev vehicle is developed in the near future, it is necessary that some soft buffing and energy absorbing devices are adopted in its front end so as to satisfy the crashworthiness regulations of the Korean Railway Safety Law.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2008년도 춘계학술대회 논문집
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• pp.748-754
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• 2008

This paper studied on the application of Korean Railway Safety Law and Urban Transit Safety Law in Crashworthiness Regulations to the urban maglev vehicle of KIMM. The crashworthiness regulations for urban transit vehicle should be satisfied to the urban maglev vehicles according to crash analysis results using the explicit finite element method. However, according to its numerical results, the crashworthiness regulations of Korean Railway Safety Law were partially satisfied except the coupling and shunting condition. When a commercial urban maglev vehicle is developed in the near future, the crashworthiness regulations of Korean Railway Safety Law should be considered and satisfied during its structural design stage in some details

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2000년도 춘계학술대회
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• pp.9-26
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• 2000

Eventually so as to realize the construction safety, 1 found out the cause of accident and specificities of the construction industry. This study presented to several situations and problems on construction safety. As a result of this study, the below matters must be improved for more effective the construction safety management system. 1. It need to introduce the total construction safety management system. Because there is not effectiveness in the current safety management to the first on the construction field. a. We must consider the safety in the whole parts of the process of the construction and constructors of each part must devide responsibility of the construction safety as a CDM(The Construction Designed Management) used in UK. b. It is desirable to proceed control of safety in the whole parts of the construction to introduce the total safety coordinator that can consult the matters of safety as a law accepted in EU. c. Like management of the construction safety in USA, direction of the construction safety must be made to work exactly by code or manual. d. To improve the organization of the construction safety on the construction field unefficient, it must be introduced safety supervisor, safety coordinator or institutionalization of safety consultant. 2. The law of the construction safety not only have wasteful element but also decrease efficiency by overlapping of regulation, The Ministry of Labour and The Ministry of Construction & Transportation, So laws related with safety must be instituted. a. To realize total safety management, The Ministry of Labour must legislate the basic law about safety management in whole field. b. To legislate the construction safety under one law, and improve efficiency of the overlapping of regulation and the similar law by The Ministry of Construction & Transportation. c. It must be made the law of construction safety that can proper to change of situation in construction. d. The standard of safety must be instituted belong to international level and improved by year. e. We must improve irrational regulation to realize activity of safety self regulating for progress competition in construction industry

• 의료법학
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• 제19권1호
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• pp.81-111
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• 2018

최근 우리나라에서는 연속적으로 발생한 환자안전사건으로 인해 환자안전에 대한 사회적 관심이 높아졌다. 더불어 환자안전사건 발생 후 의료인 및 의료기관의 대응방식이 논란이 되면서, 사과법 및 디스클로져법 도입의 필요성이 제기되고 있다. 본 연구에서는 미국의 사과법과 디스클로져법 내용을 분석하고, 우리나라의 입법 움직임에 대하여 비판적으로 검토하고자 한다. 먼저 사과법은 의료인 등이 환자측에게 불편감, 통증, 손상, 사망 등에 대해 사과나 위로, 공감 등을 표하는 경우, 사과 등의 표현은 민사재판 및 행정절차에서 법적인 증거로 사용할 수 없도록 하는 것을 그 주요 내용으로 한다. 사과법은 실수, 오류, 잘못, 책임, 법적 책임의 표현과 같은 규범적 평가요소를 증거법의 보호 범위에 포함하는지 여부에 따라 '완전한 사과법'과 '부분적 사과법'으로 구분된다. 한편, 디스클로져법은 의료기관이 심각한 위해가 발생한 사건 등에 있어 사건의 공개, 발생원인, 보상계획, 재발방지대책 등에 관하여 환자 측과 소통하는 것을 법률상 강제하거나 자율적으로 유도하는 것을 그 주요 내용으로 한다. 한편, 최근 우리나라에서도 환자안전사고에 관한 관심이 증폭되고, 의료인 측과 환자측의 의사소통의 중요성이 인식되면서, 위와 같은 미국의 사과법 또는 디스클로져법을 수용한 "환자안전법" 개정법률안이 국회에 제출되기도 하였다. 본 연구에서는 미국의 사과법 및 디스클로져법의 분석을 토대로 위 개정법률안의 내용을 비판적으로 검토함으로써 향후의 입법방향에 시사점을 제시하고자 한다.

• 수산경영론집
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• 제50권2호
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• pp.23-40
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• 2019

The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 1999년도 추계학술대회
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• pp.1-7
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• 1999

The safety and health law, the basic regulation of occupational safety and health for industry, is overlappingly and unconsistently controled and by many non-profit organization or / and government organization. Because of above reasons, it is hard to investigate and suggest consistently. This study is proposed to remove inefficient and overlapping regulation and suggest how to manage the safety and health regulation in private industry. Safety and Health is the most important managed area under business environment. The safety and health regulation or law for Korean Private industry is compared with foreign country's law.

• 수산해양교육연구
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• 제5권1호
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• pp.15-22
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• 1993

The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

• Journal of Sport and Applied Science
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• 제3권1호
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• pp.19-25
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• 2019

Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.