• Journal of the Korean Institute of Rural Architecture
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• v.25 no.1
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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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• v.10 no.2
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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.

• Journal of Distribution Science
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• v.9 no.2
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• pp.37-47
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• 2011

Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.

• Journal of the Korean Society of Safety
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• v.31 no.3
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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

• Journal of Korean Society of Disaster and Security
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• v.15 no.4
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• pp.57-69
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• 2022

During the 10 years from 2011 to 2021, a whopping 2,800 people were killed or injured during port work. Among them, the frequency of occurrence at the port loading and unloading business is high. Container terminal operators must conduct risk assessments and establish reasonable safety measures in accordance with laws and regulations. As a research method, the contents of risk assessment presented in the Industrial Safety and Health Act, the Serious Accident Punishment Act, and the Special Act on Port Safety are presented through literature analysis. In this study, previous studies were analyzed to examine the risk assessment method and risk factors of container terminals. The purpose is to present 'industrial safety AI chatbot technology' that can improve the risk of safety accidents.

• Journal of Korean Society for Atmospheric Environment
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• v.25 no.6
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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.

• The Korean Journal of Health Service Management
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• v.4 no.2
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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.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• Journal of the Korean Society of School Health
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• v.35 no.3
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• pp.84-91
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• 2022

Purpose: This study aimed to identify the problems and improvement areas by reviewing the laws related to kindergarden healthcare workers. Methods: The laws were searched at the Korean law information center (https://www.law.go.kr/). We reviewed the 「Early Childhood Education Act」, 「School Health Act」, 「Medical Service Act」, 「Elementary and Secondary Education Act」and their enforcement decrees and rules. Results: The legal role of health teachers as school healthcare professionals was comprehensively specified by the 「School Health Act. However, the qualifications for and roles of health teachers were not fully described in 「Early Childhood Education Act], indicating a unclear legal basis for the qualifications for and roles of kindergarten health teachers. To support healthcare workers in kindergartens, it is necessary to amend the 「Early Childhood Education Act」 that provides the guidelines for qualifications for kindergarten health teachers in elementary, secondary, and special schools who have completed necessary continuing education. A health hub kindergarten could be a step-by-step option for all kindergartens to have healthcare workers. Conclusion: This review demonstrated the importance of amending the laws on kindergarten health teachers and health hub kindergartens for child health and safety. These findings could be used to support policies related to kindergarten healthcare workers.

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.01a
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• pp.103-104
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• 2017

최근들어 보험사기로 인한 피해가 날로 극심해지고 있다. 이러한 보험사기로 인한 피해를 예방하고 억제하기 위해 오랜시간 논의를 해왔으며, 결국 보험사기방지 특별법을 제정하여 2016. 9. 30. 시행하였다. 그러나 단지 이러한 특별법 시행만으로는 보험사기로 인한 폐해를 완전히 해결할 수 없다. 따라서 특별법 시행으로 인한 현실적인 보험사기 억제효과를 살펴보고 이에 대한 문제점을 분석하여야 한다. 이에 본 연구에서는 보험사기방지 특별법 시행으로 인한 효과에 대하여 현실적으로 살펴보고, 이에 대한 문제점을 모색한 후 개선방안을 제시해 보고자 한다.