• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.1
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• pp.59-78
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• 1999

Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• Journal of the Korean Institute of Gas
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• v.25 no.6
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• pp.80-84
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• 2021

As the Hydrogen law was enacted, 4 types of hydrogen appliances were designated as inspection products. The types of hydrogen appliances are water electrolysis equipment, hydrogen extraction equipment, stationary fuel cells, and mobile fuel cells. The establishment fo safety standards for hydrogen appliance inspection defines risk factors for each hydrogen appliance and stipulates safety standards to prevent risk factors. The main safety standards for each hydrogen appliance are hydrogen quality and safety control for water electrolysis, toxic substances emission prevention and carbon monoxide emission prevention for hydrogen extraction facilities, vibration safety for mobile fuel cells.

• Journal of the Korea Safety Management & Science
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• v.6 no.3
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• pp.65-75
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• 2004

Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

• Proceedings of the KSR Conference
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• 2006.11b
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• pp.1508-1513
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• 2006

Currently, the Korean railway safety law (RSL) and its ordinances have been enforced for the guarantee of the safety of railway. In RSL, the quality certification is required to guarantee the safety and performance of railway components or systems. However, not much attention has been focused on the quality certification scheme for railway components or systems since the scheme is relatively new. Therefore, in this investigation, the detailed guidelines and main contents for the enforcement of quality certification for railway components will be suggested, and the detailed items including the procedures, subjects, management, etc., will be addressed. Moreover, a better understanding on quality certification for railway components will be provided.

• Journal of the Korean Society of Safety
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• v.17 no.4
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• pp.140-145
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• 2002

The Flash Point is one of the most important combustible properties used to determine the potential for fire and explosion hazards of chemical materials. An accurate knowledge of the flash point is important in developing appropriate preventive and control measures in industrial fire protection. The lower flash points for the Water + n-Propanol systems were measured by using Pensky-Martens closed cup tester. The experimental data were compared with the values calculated by the laws of Raoult and van laar equation. The calculated values based on the van Laar equation were found to be better than those based on the Raoult's law.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.363-384
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• 2003

The Military Airbase Law has designated imaginary surface, restricting the height of structure above the imaginary surface. The purpose of establishment of imaginary surface is to promote safety of aircraft operation. However, given the fact that the land is limited, the Military Airbase Law does not set up outer horizontal surface such that the reduced imaginary surface would undermine the safety of aircraft operations with respect to IFR (Instrument Flight Rules) procedures. The fact that some areas which IFR procedures require are not designated as imaginary surface results in no imposition of height restriction on such area. With regard to aviation safety, this article deals with issue of height restriction on area which is beyond the imaginary surface area. This article also examines the establishment of the imaginary surface in the Military Airbase Law, and conducts case study of imaginary surface systems in other country. Based upon this discussion, the current problems posed in the Military Airbase Law will be discussed. To resolve these problems, it is necessary to establish height restriction zone beyond the current imaginary surface area. The provisions of ICAO, FAA and other counties in relation with this issue are referred as well. As a result, many different proposals are suggested, and it is concluded as the most effective proposal that, in certain zone beyond the imaginary surface area, an aeronautic study should be required for the purpose of ensuring aviation safety before a permit of construction higher than prescribed height is issued.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.5
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• pp.446-454
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• 2012

This study discusses effective extraterritorial application of criminal Law outside the territorial sea. The paper focuses on the factual differences between vessels and cars which justify the varying standard. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances of the sea. Warrantless searches at sea may also be justified based on border search exception. These theories in U. S. law will be helpful for legislation and law enforcement related to the Korean Coast Guard's mission. The paper also discusses Korean Coast Guard's Act's newly enacted provisions concerning search, arrest and hot pursuit.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.869-879
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• 2013

Modern medicine has not yet conquered behavior therapy for cancer radiation treatment, which is one of the professional groups involved in the justification of the act and reasonable human resources was analyzed. Radiation Oncology(Therapeutic Radiology) installed the role of the medical physicist in the current law, the act must have been within the limits given licenses, but the legitimacy of the act which can be given the current laws and regulations are not clear. Thus, certification and testing outside the medical physicist's research institutions, including the measures to be reflected in national legislation sought. Medical physicists, with the inherent illegality act because one of the areas to precluding the illegality of the content-based "medical law" and "Nuclear Safety Law", "medical technology in the field of radiation safety standards on management" was based on the interpretation. In conclusion, "medical law" and "in the field of medical technology on the management of radiation safety standards" that are consistent with the recognition of qualifications, increased activity in the radiation therapy and radiation safety management must deal with this will be feasible.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.