• Title/Summary/Keyword: The legislative system

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A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology (정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고)

  • Kim, Hyun-Kyung
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

A study on the improvement of BCM industry through legal systems (BCM(재해경감활동관리)산업 활성화를 위한 법·제도 개선 방안 연구)

  • Han, Jong-U
    • Disaster and Security
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    • v.5 no.1
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    • pp.93-100
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    • 2015
  • Although many years passed since 'The Legislative bill on the support of voluntary activities of enterprises for disaster reduction'(hereinafter referred to as 'enterprise disaster reduction act') has been first enacted in 2007, BCMS is still not activated in our society. In contrast, after 911 Terror, importance of BCM is getting magnified and standardization research & institutionalization i s a lso proceeding i all over world. Lately, Disaster preventing activities is urgently needed like the sinking of 'Sewol ferry'. So the purpose of this paper is proposed for establishment of 'BCMS' and activation of the certificate system for Best-Run Business by analyzing the problem of 'enterprise disaster reduction act' and weak of activation as following. First, propel changing the policy of self-regulated participation to mandatory about the certificate system for Best-Run Business from public entity to government ministry and it is able to activate by propelling demo business of the certificate system for Best-Run Business. Second, public entity that has been given the certificate system for Best-Run Business by affiliating with Disaster Management Assessment of government management can be exempted from Disaster Management Assessment or those entity can arrange for connectivity acquisition method of 'Excellent rate'. Third, to publicize the activation of the law mentioned above, makes public entity r ecognizable by incorporating 'BCMS' into National safety management plan and establishment of National critical infrastructures security plan. Fourth, it should be reviewed to improving the related act regarding to inclusion of public organizations as well as private enterprises.

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Analysis of Stream Environmental Assessment Systems in Korea: Focus on the Biological Aspect (우리나라 하천 환경 평가체계의 분석: 생물분야를 중심으로)

  • Chun, Seong Hoon;Kim, Chae Baek;Kim, Woo Ram;Park, Sang Gil;Chae, Soo Kwon
    • Ecology and Resilient Infrastructure
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    • v.2 no.2
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    • pp.108-117
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    • 2015
  • This study was carried out to assess problems related to legislative regulations and guidelines concerning some biological assessment systems applied to stream corridor in Korea. We comparatively reviewed the law of stream corridors and the guidelines for master plan concerned, and the law of water quality and health assessment criteria for the aquatic ecosystem concerned. Stream environments were not managed effectively due to the absence of detail regulations and the criteria for stream assessment. A biological assessment system was not equivalently integrated within the management of water resources in process implementation of projects resulting from the dualistic management system for stream corridors in Korea. The current biological assessment system was reflected to mainly physical habitats or only oriented to some aquatic species correlated with water quality. This system was also recognized as part of environment impact assessment based on an intensive survey method of most biological taxa. Conclusively rapid and quantitative assessment techniques based on advanced organisms, such as vegetation, fish and birds, etc. should be urgently provided for considering as representative indicators of stream conditions in Korea.

Legal Issues in Clinical Trial on Minor (미성년자 대상 임상시험에 관한 법적 문제점)

  • Song, Young-min
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.125-144
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    • 2016
  • All forms of Clinical trial should be fully equipped with protection systems for experimental subjects considering their uncertainty and various risks. Existing laws have some regulations in pharmaceutical affairs act and medical device act. Nonetheless, there is a limit to protect the subjects considering law objective to perform administration of medicine. Furthermore, the clinical trial on minor has no direct regulations in pharmaceutical affairs act, but prescribes certain portion in clinical trial assessment guideline on infants or medicine clinical trial management standard, however there is a limit because that is just recommendation not having legal effectiveness. The legislative solution would be possible for legal problems of clinical trial on minor by examining treatment system on minor in organ transplant act and clinical trial on minor in other foreign laws stronger than usual medical practice in terms of degree of human body invasion. I suppose that the control system of clinical trial being done focusing on the pharmaceutical affairs act, medical device act and other guidelines in existing laws system should be resolved by legislating 'trial subject protection law', in addition, this would be well balanced in organ transplant act on protection system of minor organ donors. Furthermore, the judgement on the consent ability and spontaneity in clinical trial on minor should be judged considering maturity and mentality of minor by clinical trial institutional review board based on legislative solution mentioned above.

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A Basic Study for the Legal Definition of Cultural Property Terminology related to the Architecture (건축 문화재 용어의 법제도적 개념 정의를 위한 기초 연구)

  • Joo, Sang-Hun
    • Journal of architectural history
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    • v.27 no.5
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    • pp.27-38
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    • 2018
  • The purpose of this study is to identify the legal definition and usage of cultural property term related to the architecture within the cultural property-related legal system and general legal system, and to present proper terminology and specific concepts that can be used for the architecture as cultural properties. In the current cultural property legislative system, terms about the architecture are diverse and obscure, and the definition of each term is different from the concept in the general legal system. In this context, this study presented the terminology of 'the architectural heritage' as 'a cultural property by construction act' to cover whole cultural properties related to Korean architecture. And the conceptual scope of the architectural heritage is divided into the technology and the performer related to the act, the record and the building related to the product. and Each concept needs to be specifically tailored to its object and scope. Systematic definition of terms for cultural properties related the architecture can positively influence systematization of cultural property preservation and management as well as empirical research and education on Korean architecture.

A Study on the Legal system to solve the problems of Fisheries Laws (수산법제의 문제점과 개선방안 연구)

  • Lee, Woo-Do;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.46 no.3
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    • pp.163-176
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    • 2015
  • Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

On Building A Dynamic BSC Model for Strategic Performance Measurement (성과측정의 전략적 활용을 위한 동적균형모형 구축 방법)

  • 박상현;이준철;이정화;김동호;김상욱
    • Korean System Dynamics Review
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    • v.2 no.1
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    • pp.69-92
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    • 2001
  • The Managing and measuring performance have long been a popular topic in business. Traditions of financially-oriented managing and measuring performance have provided managers with relatively objective and scientific results of measuring performance until now. But today the value of organization is influenced more by intangible assets than tangible assets. Nobody thus believes that the performance and the value of organization can be measured by financial indicators only. In this background, numerous researches have been conducted to find alternatives to measuring the value of organization's intangible assets. One of the remarkable achievements would be "Balanced Score Card (BSC), "which covers three sectors of indicators, each from customer relations, internal process innovations, and learning and human resource development, in addition to traditional financial indicators. Unfortunately, even BSC, let alone others, fails to accomodate all performance indicators as a holistic system. Namely, performance measuring techniques including BCS, at present, fail to reflect the dynamic features in their model - i.e., the casual relations and the interactions between the indicators, and there is no way of taking into account the impact of delayed feedback which flows from introduction of new policy and legislative changes, etc. Therefore, this paper attempts to devise a means for adding dynamic features to BSC, by introducing the system dynamics concept, with a focus on the effect of casual relations and feedback structure.

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Dynamic Forecasting of Market Growth according to Portable Internet Carrier Licensing Policy (휴대인터넷 사업자 선정 정책에 따른 동태적 시장 예측과 함의)

  • Kim, Jong-Tac;Park, Sang-Hyun;Oh, Myung-Ryoon;Kim, Sang-Uk
    • Korean System Dynamics Review
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    • v.5 no.2
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    • pp.67-88
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    • 2004
  • This paper attempts to explore the generic pitfalls of the traditional number-crunching methods adopted thus far for the forecast of newly emerging market trends, and present an alternative by introducingsystems thinking to the portable Internet service market as an example, followed by its rationale as a new tool for forecasting and some reasoning about why traditional methods are no longer appropriate. Most adoption models in general to forecast market trends have several limitations due to theirbasic assumptions and prospective. First, they fail to capture dynamic interactions among the factors involved over time, with implicit assumptions of 'unilateral causality' in that each factor contributes as a cause to the effect, i.e., causality runs one way; each factor acts independently the weighting factor of each is fixed, etc. Second, the number-crunching models have no way of taking into account the impact of delayed feedback often caused by introducing new policies and legislative changes on the whole system under investigation. Third, there is not a way to reflect the effect of competition by players.

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Natural Environmental Protection System in North Korea-Economic and Legal Perspectives (북한의 「자연보호구법」을 중심으로 한 자연환경보호제도 고찰 -경제분석의 한계)

  • Lee, Yoon;Chah, Eun-Young
    • Journal of Environmental Science International
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    • v.23 no.12
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    • pp.2107-2120
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    • 2014
  • Natural environmental protection system in North Korea is rarely understood mainly because of lack of information in scientific and legislative fields. Legislation is very important to achieve goal for protected areas, which are described in "Natural Protected Area Law(NPAL)". Cabinet of North Korea has authorities to lead the Central Agency for Land and Environment Conservation(CALEC). Designation and managements of natural protected areas are regarded as CALEC and local governments responsibilities. There are many differences between South and North Korea. Especially legislation system has many differences. North Korea's Labor Party is superior to the Government and Labor Party's order has at least the same authority to regulate and manage the national policy and means. With NPAL, CALEC organizes the national plan for natural protected area and regulate the activities of the Agencies for Land and Environment Conservation in the aspects of action plan, budget and other resources. For the reunification in the future, legislation system of North Korea should be understood.

A study for Domestic Respond to the 'AFS' Convention of IMO (IMO-AFS 협약 채택에 따른 국내 대처방안 연구)

  • 설동일;김인수;이국진;박성진;박상호;김동근
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2002.11a
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    • pp.39-44
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    • 2002
  • Bans on TBT based antifouling paints have been drafted since 1999 by meetings 42, 43, 45 and 46 for the MEPC (Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of the IMO in October 2001. It was a key issue that there should be a global prohibition on the application of organo-tin compounds as biocides in Anti-fouling systems by Jan. 2003, and a complete prohibition on te presence of organo-tin compounds on ships by 1 Jan. 2008. This paper suggests a method to design International Anfi-fouling system cretificate, Record of anti-fouling system, Endorsement of the Records, Declaration on Anti-fouling System, Port State Control and reform(legislative) associated a law.

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