• Title/Summary/Keyword: The legislative system

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A Study on Social Security Platform and Non-face-to-face Care (사회보장플랫폼과 비대면 돌봄에 관한 고찰)

  • Jang, Bong-Seok;Kim, Young-mun;Kim, Yun-Duck
    • Journal of the Korea Convergence Society
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    • v.11 no.12
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    • pp.329-341
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    • 2020
  • As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.

A Study on the Legislation of Corporate Social Responsibility and its Application - The Indian Companies Act 2013 - (기업의 사회적 책임 입법과 적용에 대한 고찰 -인도 회사법 개정과 적용 경험을 중심으로-)

  • Kim, Bong-chul;Park, Jong-ho
    • Journal of Legislation Research
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    • no.53
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    • pp.455-489
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    • 2017
  • The new system on the Corporate Social Responsibility(CSR) in the Indian Companies Act became overnight sensation to the worldwide. However there has been very few studies which are analyzing a purpose of it under the context of Indian societies. This paper examines the circumstance whether the CSR activities is functioning well or not. And verifying problems regarding it and suggesting supportive measures are a target of this paper. Though Indian government already established CSR legislation, they did not stipulate the penalty clause. And that became why corporations were poorly perform on CSR activities in first year of enforcement. Furthermore, There is a proclivity that corporations lack an understanding for which activities could be recognized into the CSR. And they excused that they had no time for themselves to adjust an abruptly changing business landscape. With all, unlike rosy expectations, corporations only showed little interests to the area where the investment or attentions from the media are expected. Fortunately, incumbent legislative is fully aware of it and exploit their best resources to various social fields. Despite the doubts that they originally did not have any intention to introduce the penalty clause, they are handling problems in ways that corporations can be invited in public programs. They also need to request the service sectors to take a leading role of it, which could provide the financial, or telecommunication service to the people in rural province. Thus, the fact that there was a substantial rise in terms of the amount of CSR expenses in 2015 provides a supporting evidence to the endeavors of the government. In doing so, we could finally achieve a better understanding of two-fold goals shown in this paper; maturing settlement of this legislation and development of Indian society.

Record management in Great Han Empire (대한제국시기의 기록관리)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.19
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    • pp.153-192
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    • 2009
  • Appearing newly on June 1894, Gaboh regime enforced modern reformation policy. In light of archives' management, it was totally different from before. Government established individual department of record management in every division and proclaimed a legislative bill which was stipulated about record management process. They modified archives' form including peculiar declaration of the name of an era and use together with Korean and Chinese. Also they tried to conserve the original copy of the archives. As King Gojong announced the Great Han Empire(Taehan Cheguk, 大韓帝國) on October 1897, he reinforced Gaboh regimes' weakened royal authority and enforced reformation policy which was designed for himself. First he abolished the administration which restricted royal authority, and established new department called Euijungbu(議政府). To restrain the royal power, he separated the Royal House and government and reinforced Gungnaebu(宮內府). In addition, King Gojong enforced the policy which he can manage directly about troops, policies, and finances. Consequently, He established Wonsubu(元帥府), Kyungbu(警部), and made direct belonging of an emperor. Also, department called Naejangwon(內藏院) tried to levy many kinds of taxes directly to build up the financial foundation under the emperor. The record management system of Great Han Empire succeeded to that of Gaboh regimes Times'. First, government and powerful organization directly under the emperor set up the department of record management. Euijungbu (議政府) and governmental department, of course, Gungnaebu(宮內府), Wonsubu(元帥府), Kyungbu(警部), Tongshinwon(通信院), Jikyeahmun(地契衙門) which support the right of an emperor established document division and record division individually. To carry out government's service effectively and systematically, it was considered effective to divide record management department. Moreover, despite the difference between the divisions, they were separated into current record division and non current record division. Generally, document department took charge of acceptance, sending and crafting of current document and archives department was eligible for preservation and compilation of major document and eternal conservation document. This seems to consider life cycle of the record and keep the evaluation of record in mind. Finally, perception for the record management has revealed to modern configuration.

A Preliminary Study on Domestic Embracement and Development Plan Regarding UNESCO World Heritage Programme (유네스코 세계유산 제도의 우리나라 문화재 정책에의 수용과 발전방안에 대한 시론적 연구)

  • Kang, Kyung Hwan;Kim, Chung Dong
    • Korean Journal of Heritage: History & Science
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    • v.43 no.1
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    • pp.56-85
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    • 2010
  • UNESCO World Heritage Programme was introduced following the adoption of Convention Concerning the Protection of the World Cultural and Natural Heritage by the General Conference of UNESCO in 1972 in order to protect cultural and natural heritage with superb value for all mankind. Despite its short history of less than 40 years, it has been evaluated as one of the most successful of the cultural area projects of UNESCO with 890 world heritage registered worldwide. For systematic protection management of World Heritage, UNESCO, through systemization of registration, emphasis on the importance of preservation management plan, institutionalization of monitoring, and operation of World Heritage Fund, has utilized World Heritage Programme not just as a means of listing excellent cultural properties, but as a preservation planning tool, and accordingly, such policies have had a significant influence on the cultural heritage protection legislations of numerous nations. Korea has ratified World Heritage Convention in 1988, and with the registration of the Royal Tombs of the Joseon Dynasty in 2009, it has 9 World Heritage Sites. Twenty years have passed since Korea joined the World Heritage Programme. While World Heritage registration contributed to publicity of the uniqueness and excellence of Korean cultural properties and improvement of Korea's national culture status, it is now time to devise various legislative/systematic improvement means to reconsider the World Heritage registration strategy and establish a systematic preservation management system. While up until now, the Cultural Properties Protection Law has been amended to arrange for basic rules regarding registration and protection of World Heritage Sites, and some local governments have founded bodies exclusive for World Heritage Site management, a more fundamental and macroscopic plan for World Heritage policy improvement must be sought. Projects and programs in each area for reinforcement of World Heritage policy capacity such as: 1) Enactment of a special law for World Heritage Site preservation management; 2) enactment of ordinances for protection of World Heritage Sites per each local government; 3) reinforcement of policies and management functionality of Cultural Heritage Administration and local governments; 4) dramatic increase in the finances of World Heritage Site protection; 5) requirement to establish plan for World Heritage Site preservation protection; 6) increased support for utilization of World Heritage Sites; 7) substantiation and diversification of World Heritage registration; 8) sharing of information and experiences of World Heritage Sites management among local governments; 9) installation of World Heritage Sites integral archive; 10) revitalization of citizen cooperation and resident participation; 11) training specialized resources for World Heritage Sites protection; 12) revitalization of sustainable World Heritage Sites tourism, must be selected and promoted systematically. Regarding how World Heritage Programme should be domestically accepted and developed, the methods for systemization, scientific approach, and specialization of World Heritage policies were suggested per type. In the future, in-depth and specialized researches and studies should follow.

Sick Building Syndrome in 130 Underground Workers (지하상가 근무자의 건강 장애에 관한 실태조사)

  • Joo, Ree;SaKong, Joon;Chung, Jong-Hak;Park, Sang-Whan;Kim, Dong-Hee;Kim, Dong-Min;Choi, Eun-Kyong;Cho, Hyun-Geon
    • Journal of Yeungnam Medical Science
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    • v.15 no.2
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    • pp.325-340
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    • 1998
  • A cross-sectional study was conducted to evaluate the relationship between sick building syndrome(SBS) and the environmental factors affecting SBS on 130 underground workers and 60 controls. The study consisted of 1) a review of environmental condition 2) measurement of temperature, $O_2$, $CO_2$, CO, and formaldehyde and 3) a questionnaire survey of symptom prevalence and perception of environmental conditions using indoor Air Quality questionnaire recommended by National Institute for Occupational Safety and Health. Bronchitis and dust allergy were more prevalent in underground workers significantly(p < 0.05). Among the 18 symptoms related to the indoor air pollution, the experience rate of dry, itching or irritated eyes, sore or dry throat, chest tightness, tired or strained eyes and dry or itchy skin symptom was significantly different between the underground workers and controls. The diagnostic criteria of SBS was defined as at least 1 symptom is experienced 1-3 times a week during the last 1 month among 18 indoor air pollution related symptoms which can be relieved by moving out of the underground. Applying the criteria, the mean symptom score was significant higher in underground workers than controls significantly (p < 0.05). These resalts indicated that underground workers are under inappropriate ergonomic and physical condition and inadequate ventilation. Their experience rate of symptoms related to indoor air pollution and prevalence of SBS was significantly higher than controls. To reduce the prevalence of SBS of underground workers, the surveillance system of indoor air quality, restriction of using fuel in underground and legislative regulations for the environment are needed to establish a better indoor air quality. Early detection, treatment and prevention of SBS through medical attention is also needed.

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Current status and prospects of approval of the new technology-based food additives (신기술이용 식품첨가물 국내·외 심사 현황 및 전망)

  • Rhee, Jin-Kyu
    • Food Science and Industry
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    • v.52 no.2
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    • pp.188-201
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    • 2019
  • In the past, food additives were classified and managed as chemical synthetic and natural additives according to the manufacturing process, but it was difficult to confirm the purpose or function of food additives.CODEX, an internationalstandard, classifies food additives according to their practical use, based on scientific evidence on the technical effects of food additives, instead of classifying them as synthetic or natural. Therefore, very recently, the food additive standards in Korea have been completely revised in accordance with these global trends. Currently, the classification system of food additives is divided into 31 uses to specify their functions and purposes instead of manufacturing methods. Newer revision of the legislative framework for defining and expanding the scope of the Act as an enlarged area is required. Competition for preempting new food products based on bio-based technology is very fierce in order to enhance the safety of domestic people and maximize the economic profit of their own countries. In this age of infinite competition, it is very urgent to revise or supplement the current regulations in order to revitalize the domestic food industry and enhance national competitiveness through the development of food additives using new biotechnology. In this report, current laws on domestic food ingredients, food additives and manufacturing methods, and a comparison of domestic and foreign advanced countries' regulations and countermeasures strategies were reviewed to improve national competitiveness of domestic advanced biotechnology-based food additives industry.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.