• Title/Summary/Keyword: Statute

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Contributory Negligence Study on Traffic Accident in Area Between Crosswalk and Stop Line at Intersections (횡단보도와 횡단보도 정지선간 이격공간에서의 과실상계 연구)

  • 신성훈;장명순;김남현
    • Journal of Korean Society of Transportation
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    • v.21 no.5
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    • pp.41-48
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    • 2003
  • Korea Claim Adjustor Association(KCAA) defines the near pedestrian crossing accidents as those accidents that occurred in the area within 25m from pedestrian crossing on the arterial road and within 15m from pedestrian crossing on other classes of road. Accidents between pedestrian crossing and stop line are classified as the accident near pedestrian crossing. Reviewing of current statute and court precedent, three kinds of traffic accidents which are accidents occurred in the pedestrian crossing. near pedestrian crossing and the area between pedestrian crossing and stop line. should be distinguished by different pedestrian contributory negligence. To find out how different they are. we surveyed transportation society members about the contributory negligence of traffic accidents between pedestrian crossing and stop line and the results are as follows : (1) The current two classification of pedestrian crossing accidents and near pedestrian crossing accidents should be changed to three classification of pedestrian crossing accidents that includes accidents on pedestrian crossing, near pedestrian crossing and between pedestrian crossing and the stop line. (2) For the pedestrian's contributory negligence, the least reasonability to pedestrian is accident on the pedestrian crossing. The next one is the accident between pedestrian crossing and stop line and the last is the accident near pedestrian crossing. (3) Pedestrian contributory negligence for accident by space is recommended as 〈table 8〉, 〈table 9〉, 〈table 10〉. (4) Contributory negligence rate of the accident on the pedestrian crossing during red light should be modified to be less than that of near pedestrian crossing.

A study on the Laws and Regulations of the Medical and Pharmaceutical System in Korea from the Modern Period to the Early Days of the Republic - Focusing on the Establishment of the Dualistic Medical and Pharmaceutical System - (근대부터 건국 초기까지의 의약체계 법령 고찰 - 이원적 의약체계 정립을 중심으로 -)

  • Eom, Seok-Ki;Kang, Bong-Seok;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.9-21
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    • 2013
  • Purpose : The purpose of this study was to analyze the history and characteristics of laws and regulations of the medical and pharmaceutical system in Korea-focusing on the Korean (Oriental) medical and pharmaceutical system-from the modern period to the early days of the Republic. We reviewed how traditional notions and categories of Oriental medicine, which were regarded as experiential and conventional, became part of the current dualistic medical and pharmaceutical system, and examined problems and effects during the course of positioning. Methods : We classified the development of the medical and pharmaceutical laws and regulations chronologically, from the Korean Empire to the beginning of the Republic. The abolishment of the traditional medical system that was based on laws and regulations of the Joseon Dynasty, the implementation of dualistic medical system in the Korean Empire, the attempt to demolish Korean (Oriental) medicine under the Japanese colonial rule, and the process of developing a statute-based continental law system were thoroughly reviewed. Results : Although the dualistic medical system was specified in legislation via the enactment of the National Medical Services Law in 1951, we found that it was actually enacted in 1963, when the laws and systems regarding the educational institution of Korean (Oriental) medicine were stably established. Moreover, the dualistic pharmaceutical system was specified in legislation through the partial amendment of the Pharmaceutical Affairs Act in 1994, but we concluded that the actual enactment was rather in 2000, when the first Korean (Oriental) pharmacist was produced. Discussions and conclusions : An effort to establish a dualistic medical system of Korean (Oriental) medicine and Western medicine during the Korean Empire bore fruit a few decades later, after the Republic of Korea was founded. It means the basis for the legal system finally took shape in spite of the numerous attempts during the Japanese colonial era and the beginning of the Republic to abolish Korean (Oriental) medical and pharmaceutical system.

A Study on the Appropriateness Evaluation of Utilization of green buffer zone - Focusing on green buffer zone, Daejeon City Seo-gu (완충녹지 활용의 적정성 평가 -대전시 서구 완충녹지를 대상으로)

  • Kim, Sun Min;Lee, Shi Young
    • Land and Housing Review
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    • v.10 no.4
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    • pp.41-50
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    • 2019
  • This study was started to study the buffer zone of Daejeon metropolitan city in order to study the policy and environment for the suitability evaluation of the use of green buffer zone. The target of the study was selected as the buffer zone of western buffer, which is frequently used in the Daejeon Metropolitan City, and a preliminary index was selected to evaluate the suitability of the green buffer zone. AHP analysis was conducted to increase the reliability of the preliminary indicators and the weight was analyzed by questionnaires to experts and practitioners. In addition, based on the existing statistical data, we rebuilt the green buffer zone and investigated the current condition, and compared and analyzed the green buffer zone and the places where they did not. The results are as follow. First, unlike the statute interpretation that construction can not be done in buffered green spaces, green buffer zones have been utilized in various ways. However, the lack of advanced citizen consciousness of the residents, the responsibility of the responsible person, and the problem of the management office alone are causing problems. Second, according to the results of AHP questionnaire analysis, functional and stability among the appropriateness indexes of green buffer zone utilization were evaluated highly. Park accessibility and utilization potential also weighed somewhat, and it was judged that the epochal trend was more important in the use of green buffer zones. Third, analysis of the status of Western green buffer zones in Daejeon showed that the utilization rate was more than half. This suggests the necessity of judging the appropriateness of the application of the green buffer zone effectively due to the change of the perception of the green buffer zone of the residents. Fourth, as a result of comparing and analyzing the site where the site is used and the site where it is not, it is found that it is used within a range that does not greatly affect each index. However, as the stability has decreased, we have decided that the utilization method is most damaging to the green zone, and we should strive to improve the stability in future. Finally, the analysis of a red clay road and a red clay road sites decreased from Class I of stability to Grade II. However, the fall figure showed a difference between the 13 % drop rate of the target location and the 5% decline rate of utilization. The difference was analyzed as the difference of width of a red clay road. This can be regarded as one of the ways of damaging the green zone to the minimum extent, which is a great advantage in selecting the future utilization plan.

A Study on Factors Affecting Formation of Social Capital for Volunteer Fire Brigade (의용소방대의 사회적 자본 영향요인 분석)

  • Woo, Seong-Cheon;Chae, Jin;Go, Gi-Bong
    • Fire Science and Engineering
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    • v.28 no.1
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    • pp.64-70
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    • 2014
  • A Volunteer Fire Brigade is a voluntary social services organization that performs various assistance works in fire fighting activities such as fire fighting and rescue of human lives on a part-time basis. Recently, it has also assumed an important role in the creation of security culture of local society. Besides, it provides diverse service activities related to security of local society. However, as this kind of volunteer fire brigade organization is not in a vigorous state, research for an improvement is being carried out in earnest. As part of a vitalization plan of the volunteer fire brigade, an attempt was made in this research to present an activation plan of the volunteer fire brigade through formation of social capital. Accordingly, efforts were made in this research to investigate and analyze an awareness of social capital among the volunteers and to present on this basis a plan for formation of social capital for the volunteer fire brigade of local society. As a result of the research, it turned out that social norm has the major effect on the formation of social capital for volunteer fire brigade. Therefore, it is our belief that an independent statute should be established to nurture and develop volunteer fire brigades. And when strong mutual trust among the volunteers are formed and efforts for devotion to local society are made on this basis, the security level of local society will be enhanced further.

A Study on the Transition of North Korean Income Security Terminology: 1936-2013 (북한 소득보장 용어의 변천에 관한 연구: 1936-2013)

  • Min, Kichae
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.4
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    • pp.1-8
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    • 2020
  • Existing studies have used a variety of terms related to North Korea's income guarantees, causing some confusion. It can be said that it is a problem that appears only when dealing with the contents of a specific statute in an existing study. To this end, we will look at the laws and regulations related to income security by period and analyze the contents of dictionaries that are also the explanations of the laws and the status of orders and rules. As a result of the analysis, living subsidies are classified into subsidies under the national social insurance system and pension and subsidy under the national social security system. Among them, the pension under the national social security system, which is an income security system for non-workers, includes old age pensions, labor capacity loss pension(general work ability loss pension, accidental work ability loss pension, honored soldiers' work ability loss pension), and survivor pension(general survivor pension, war deads' survivor pension, victims' survivor pension). In particular, it was confirmed that the terminology for social security pension, which has been confusing in previous studies, is a collective jargon for all pensions under the national social security system. This study is significant in that it synthesized the historical transition process of the terminology of income security from the 10th Platform for the National Liberation Society in 1936 to the Socialist Constitution of the Democratic People's Republic of Korea in 2013.

Establishment of Korea National Counter-terrorism System and Development Plan (국가대테러체제의 구축 및 발전방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.42
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    • pp.229-249
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    • 2015
  • As the post-cold war era and globalization go on, national security problems which were not traditional national security problems such as terrorism, crime, environmental disasters, economic crises, cyber-terrorism, diseases, and energy problems threat humanity and nations and demands changes. Also, with the change, the concept of "big government" has emerged as the role of nation expanded. The modern society sees every country change from small government to big government in order to realize the establishment of welfare state. A comprehensive interpretation of security is needed in order to comprehensive protection of citizens beyond outside invasion such as crime, new disaster, terrorism. In Korea, incidents such as Cheonan-Ham, Yeonpeyong-Do, foot-and-mouth disease, Ddos terrorism, pirates hostages, mad cow disease, AI are happening and the humanitarian support for North Korea and the summit of South and North Korea are at a standstill. Also, National emergency management system, comprehensive emergency management center, countrol tower, national security system, cooperation with citizens, establishment of legal and institutional system are needed. The importance of this research is on the reestablishment of new national security and emergency management system according to the comparison between the national security and counter-terrorism system of Korea and that of the United States which is a leading country in this field. Also, the establishment of national emergency management act is needed as a statute for effective function as currently various laws and administrative organizations are dispersed.

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A Study on Improvement of Contract Regulations for Adjusting Contract Amount in Public Construction - Focused on examples of price fluctuation classification - (공공건설 계약금액 조정의 계약예규 개선방안 연구 - 물가변동 분류 사례 중심으로 -)

  • Lee, Wonjei;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.82-89
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    • 2020
  • Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

A Study on the Problems and Improvement of the Safety Management Law of Nuclear Facilities -Focused on Safety Management of Aquatic Products- (원자력시설 안전관리 법제의 문제점과 개선방안 연구 -수산물의 안전관리를 중심으로-)

  • Lee, Woo-Do
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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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.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

A Study on the Peaceful Uses of Outer Space and International Law (우주의 평화적 이용에 관한 국제법 연구)

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.273-302
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    • 2015
  • The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.