• 환경영향평가
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• 제4권2호
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• pp.1-7
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• 1995

• 건축사
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• 통권533호
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• pp.82-83
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• 2013

• 의료법학
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• 제12권1호
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• 한국농촌건축학회논문집
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• 제25권1호
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• pp.1-8
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• 2023

This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.

• International Journal of Advanced Culture Technology
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• 제10권2호
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• pp.154-161
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• 2022

The Korean government has recently invigorated the activities of public diplomacy. It is based on the Public Diplomacy Act enacted in 2016. However, there is a widespread concern that it was belatedly enacted and showed necessity to a revision. We believe that this paper contains three contributions which were not sufficiently addressed before. First, we identify the current state of public diplomacy-related legislation in Korea. Second, we argue the necessity to critically review the legal adequacy of Public Diplomacy Act with a consideration of rapidly changing external environment. Lastly, we propose several ways of revision for the future development of public diplomacy in Korea. When revising the Act, it is necessary to make clear a legal connection between the general law and the special law as in the case of the Korea Foundation Act and the Public Diplomacy Act. In this regard, it is worth examining the relationship between the Framework Act on International Development Cooperation and related norms. In addition, the role of the private sector and subnational governments should be expanded. For this purpose, a method and level of cooperation with the private sector should be clearly defined.

• 유통과학연구
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• 제9권2호
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• pp.37-47
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• 2011

우리나라의 유통산업분야에는 아직도 법적·제도적 보완시책이 부족하며, 특히 전통시장을 비롯한 중소 영세상인들에 대한 보다 체계적인 육성·지원방안이 시급한 실정이다. 이러한 전통시장을 지원하기 위해 2004년도에 제정된 전통시장 특별법의 지원대상과 범위는 종전에는 단위시장으로 국한하였으나, 이후 시장 및 상점가, 시장활성화구역, 더 나아가 상권활성화구역을 지정하여 지원할 수 있도록 확대시켜왔다. 그러나 전통시장 활성화 및 지원에 관한 기준이 되는 특별법이 전통시장의 개념을 다소 획일적으로 규정함으로 인해 무등록시장에 대한 법률적 개념의 미비함과 같은 문제점을 지니고 있다. 여기서 무등록시장이란 특별법에서 정한 계량화된 기준을 충족하지 못함에 따라 실제 시장기능 수행여부와 무관하게 법률적인 전통시장에 포함되지 않는 시장을 일컫는다. 본 연구는 이러한 특별법 규정에 대한 문제점을 도출하고 개선방안을 찾고자 논의를 전개한다. 사례는 모란민속5일장을 중심으로 한다. 본 연구는 새로운 시각으로 접근하고자 한다. 즉, 경험적인 측면에서 현실에 직접적으로 접목할 수 있는 논의를 하고자 한다. 따라서 최근 이슈화되고 있는 논의 중에 법적 보호를 받지 못하는 무등록시장을 중심으로 논의하는 한편, 연구방법론 측면에서 볼 때 규범적 연구방법론을 견지한다. 유통학 분야에 있어 기존의 연구가 대개는 경험적 분석기법을 많이 활용하지만, 본 연구의 특성상 법적 제도적인 관점으로 접근할 때 가장 효율적인 논의가 되기 위해서는 현장에서 바로 접목이 가능한 규범적 연구방법론을 택하여 본 연구를 전개하고자 한다.

• 한국안전학회지
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• 제31권3호
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• pp.116-122
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• 2016

With the changes of industrial structure, contents and types in hazardous and dangerous works have been changed considerably. However, the hazardous and dangerous works by defined "Regulation for the hazardous and dangerous work employment restriction" and "Special education for safety and health"have not been amended over twenty years. This study aimed to identify the recent trends of the works by analyzing the death accidents cases from 2004 to 2013 and to present the management methods about future hazardous and dangerous works. The results showed that amount of 1,972 cases among 11,513 death accidents were equivalent to the works presented by "Regulation for the hazardous and dangerous work employment restriction". The amount of death accidents in 'Work of using construction equipment following construction machinery management act' was biggest among the death accidents cases and that of 'Work of handling pressure vessels following high-pressure gas safety control act' didn't show up. For the works in "Special education for safety and health"amount of 1,650 death accidents cases were equivalent. The amount of death accidents in 'Work involving a crane with a capacity of 1 ton or more or work which is carried out with a crane or hoist with a capacity of less than 1 ton in a workplace having at least 5 such machines' presented by "Special education for safety and health"was biggest. Also, death accidents case didn't occurred in three works presented by "Special education for safety and health". It was analyzed that works with low death accidents cases should be needed to study thoroughly the whole disaster research involving nonfatal accidents. Through this study, it was expected that regulation can be operated practically in the industrial field. Also, it is considered to increase

• 한국방재안전학회논문집
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• 제15권4호
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• pp.57-69
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• 2022

2011년부터 2021년까지 10년 동안 항만 작업 중 숨지거나 다친 사람이 무려 2,800명에 달한다. 그중에서도 항만하역사업장에서 발생하는 빈도수가 높다. 컨테이너 터미널 사업자는 법령에 따라 위험성평가를 실시하고 합리적인 안전대책을 수립하여야 한다. 연구방법으로는 문헌분석을 통하여 산업안전보건법, 중대재해처벌법, 항만안전특별법에서 제시하는 위험성평가에 대한 내용을 제시한다. 본 연구에서는 기존 선행연구를 분석하여 컨테이너터미널의 위험성평가방법 및 유해위험요인을 살펴본다. 이러한 안전사고 위험을 개선할 수 있는 '산업안전 AI 챗봇기술'을 제시하는데 목적이 있다.

• 한국대기환경학회지
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• 제25권6호
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• pp.579-593
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• 2009

Several fine particle-related policies in Northeast United States were investigated in support of the execution of special measures to improve air quality of Seoul Metropolitan Area (SMA). The definition of particulate matter (PM) in the Clean Air Act (CAA), components and procedures of Regional Haze Rule (RHR), and Air Quality Management (AQM) were reviewed. Several State Implementation Plans (SIPs) were also reviewed as the way to attain required air quality under the Clean Air Act. $PM_{2.5}$ attainment SIP of Maryland, 8-hr Ozone attainment SIP of New Jersey, and Regional Haze Rule attainment SIP of MANE-VU were analyzed in detail as case studies. We realized that "Special Measures for Air Quality Improvement in the Seoul Metropolitan Area" has many similarities with its US counterparts in terms of purpose, components, procedures, and implementation methods. US policies, however, have more advanced features, such as standardized procedures and methods, transparent guidelines, and stable relationship among federal/state/local governments and stakeholders, which would be helpful to improve air quality in SMA.

• 보건의료산업학회지
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• 제4권2호
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.