• Title/Summary/Keyword: Traffic Law

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About Insurance Benefits Restriction Condition of National Health Insurance Act Article 48 Paragraph 1: 'When He has Through Gross Negligence Caused a Criminal Conduct' (국민건강보험법 제48조 제1항 제1호 보험급여 제한 요건 '중과실에 의한 범죄행위로 기인한'에 대한 소고)

  • Jung, Oh-Kyun
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.11-40
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    • 2012
  • National Health Insurance Act has been enforced all over the People as part of the effort to assure the minimum constitutional human worth and dignity in the aspect of the right to pursue health for preventing misfortune that comes to death without even a chance to be received treatment for illness or injury. Meanwhile auto insurance is compulsory in certain parts in order to promote benefits of everyday life and the rapid recovery of the damage caused by traffic accident when one have negligently driven a car which has become the necessities in daily life. Any injured driver in a traffic accident can be treated by National Health Insurance without getting an auto insurance in various circumstances, but Article 3 paragraph 2 of Traffic Accident Act don't allow exception of criminal punishment when he has driven a car without license, drunken, or tresspassing the centerline, etc. When the injury occured by his own certain negligence is judged to 'when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident' of National Health Insurance Act, insurance benefits can be restricted. Such a restriction could harm the right to pursue happiness and health of People by depriving the poor, who cannot afford to pay, of chances to get treatment. Here we will see benefit restriction by 'gross negligence' of National Health Insurance Act Article 48 paragraph 1, which has largest portion of such restriction. It is desirable to delete 'gross negligence' clause from above paragraph and to interpret 'when' clause restrictively for diminishing confusion of interpreting and guaranteeing the right of health.

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An Exploratory Study on ChatGPT's Performance to Answer to Police-related Traffic Laws: Using the Driver's License Test and the Road Traffic Accident Appraiser (ChatGPT의 경찰 관련 교통법규 응답 능력에 대한 탐색적 연구 - 운전면허 학과시험과 도로교통사고감정사 1차 시험을 대상으로 -)

  • Sang-yub Lee
    • Journal of Digital Policy
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    • v.2 no.4
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    • pp.1-10
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    • 2023
  • This study conducted preliminary study to identify effective ways to use ChatGPT in traffic policing by analyzing ChatGPT's responses to the driver's license test and the road traffic accident appraiser test. I collected ChatGPT responses for the driver's license test item pool and the road traffic accident appraiser test using the OpenAI API with Python code for 30 iterative experiments, and analyzed the percentage of correct answers by test, year, section, and consistency. First, the average correct answer rate for the driver's license test and the for road traffic accident appraisers test was 44.60% and 35.45%, respectively, which was lower than the pass criteria, and the correct answer rate after 2022 was lower than the average correct answer rate. Second, the percentage of correct answers by section ranged from 29.69% to 56.80%, showing a significant difference. Third, it consistently produced the same response more than 95% of the time when the answer was correct. To effectively utilize ChatGPT, it is necessary to have user expertise, evaluation data and analysis methods, design a quality traffic law corpus and periodic learning.

Analysis of Anti-SPAM Regulations in Korean IT Law (정보통신망법 스팸 규제 개선 방안 연구)

  • Kim, Seongjun;Kim, Beomsoo
    • Journal of Information Technology Services
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    • v.10 no.1
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    • pp.21-34
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    • 2011
  • Spam refers to any unwanted or unauthorized commercial messages. Spam may violate individuals' privacy or other personal rights. Spam often overloads network traffic, wastes individuals' time, lowers productivity and quality of life, and limits the trustworthiness of Internet businesses. As the use of mobile messaging services and social networking services both on mobile communication networks and on the Internet increase, newer and more complex types of IT applications and services are often used as new means of spam. In this research, the characteristics and impact of new and future forms of spam, and anti-spam related policies and regulations are surveyed. To improve the effectiveness of anti-spam policies and regulations in Korea, adding a definition of spam in the law, changing policies to focus on the 'type of services' rather on the medium of transmission, and redefining the scope of 'commercial purposes' in Korean law are suggested.

Comparison Analysis between the IWRAP and the ES Model in Ulsan Waterway

  • Kim, Dae-Won;Park, Jin-Soo;Park, Young-Soo
    • Journal of Navigation and Port Research
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    • v.35 no.4
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    • pp.281-287
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    • 2011
  • According to the Marine Traffic Safety Law, revised in 2009, Marine Traffic Safety Audit is introduced to secure the safe navigation, to prevent the marine accident and to maximize the efficiency of the port. In this audit system, marine traffic safety assessment is the most important scheme because the primary purpose of the audit system is to identify potential risk elements affecting safe navigation. Even though the reliability of audit result depends on the selection of assessment models, there are no independent assessment models for Korean coastal waters and most of models used in Korea currently are developed by foreign countries. Therefore, the development of the independent assessment model for Korean coastal water is required. This study, prior to the development of independent assessment model, aims to provide a basic data by comparing two foreign assessment models in Ulsan port area with marine accident statistics data.

Analysis of Traffic Accident Severity by Aging Level (고령화 수준별 교통사고 심각성 분석)

  • Kim, Tae Yang;Park, Byung Ho
    • Journal of the Korean Society of Safety
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    • v.33 no.4
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    • pp.105-110
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    • 2018
  • Korea has entered to 'aged society', which the elderly people over 65 years old is over 14% of total population. This paper aims to analyze the traffic accident by aging level. In pursuing the above, this paper focuses on modeling the traffic accident severity based on three aging levels. The main results are as follows. First, the ratio of fatal and serious injured persons (FSI) is judged to increase according to increasing aging level. Second, the null hypothesis that there is no difference in FSI among three aging levels (aging, aged, and super-aged) is rejected. Four accident severity generalized linear models which are all statistically significant have been developed. Third, the common variables are analyzed to be median age, the number of hospital beds per persons, and turn signal usage ratio. Fourth, the differentiated traffic safety policies fitted to aging levels are required. The enforcement of traffic law violation and safety enhancement of motorcycle in the region of 'aging society', improvement of traffic facilities in the region of 'aged society', and expansion of transportation facilities in the region of 'super-aged society' are evaluated to be indispensable.

Perception Survey of Firefighters on Application of Emergency Vehicle Exemption during Return to Station Accidents (긴급자동차 복귀 중 교통사고 특례에 대한 소방공무원의 인식조사)

  • Young-Jin, Reem;Deok-Jin Jang;Ha-Sung Kong
    • Journal of the Korea Safety Management & Science
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    • v.25 no.2
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    • pp.139-151
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    • 2023
  • This study aims to understand the current status of exemptions for traffic accidents during the return of emergency vehicles and to provide suggestions for improvement. A survey was conducted on 3,500 firefighters to investigate the perception of traffic accidents during the return of emergency vehicles, and responses from 505 participants were analyzed. Based On the demographic characteristics and perception of the participants, frequency analysis and variance analysis were used as research methods to analyze basic statistics and the current situation. The results showed that firefighters have concerns and anxieties about traffic accidents during the return of emergency vehicles, and the need for applying exemptions and enacting explicit legal provisions was statistically confirmed. Based on these results, we suggest a policy for exemptions to improve the preparation for re-deployment and to alleviate the concerns and anxieties of firefighters.

Predictive Analysis of Traffic Accidents caused by Negligence of Safe Driving in Elderly using Seasonal ARIMA (계절 ARIMA 모형을 이용한 고령운전자의 안전운전불이행에 의한 교통사고건수 예측분석)

  • Kim, Jae-Moon;Chang, Sung-Ho;Kim, Sung-Soo
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.40 no.1
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    • pp.65-78
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    • 2017
  • Even though cars have a good effect on modern society, traffic accidents do not. There are traffic laws that define the regulations and aim to reduce accidents from happening; nevertheless, it is hard to determine all accident causes such as road and traffic conditions, and human related factors. If a traffic accident occurs, the traffic law classifies it as 'Negligence of Safe Driving' for cases that are not defined by specific regulations. Meanwhile, as Korea is already growing rapidly elderly population with more than 65 years, so are the number of traffic accidents caused by this group. Therefore, we studied predictive and comparative analysis of the number of traffic accidents caused by 'Negligence of Safe Driving' by dividing it into two groups : All-ages and Elderly. In this paper, we used empirical monthly data from 2007 to 2015 collected by TAAS (Traffic Accident Analysis System), identified the most suitable ARIMA forecasting model by using the four steps of the Box-Jenkins method : Identification, Estimation, Diagnostics, Forecasting. The results of this study indicate that ARIMA $(1, 1, 0)(0, 1, 1)_{12}$ is the most suitable forecasting model in the group of All-ages; and ARIMA $(0, 1, 1)(0, 1, 1)_{12}$ is the most suitable in the group of Elderly. Then, with this fitted model, we forecasted the number of traffic accidents for 2 years of both groups. There is no large fluctuation in the group of All-ages, but the group of Elderly shows a gradual increase trend. Finally, we compared two groups in terms of the forecast, suggested a countermeasure plan to reduce traffic accidents for both groups.

The Effects of Pavement Markings on High-risk Drivers' Speeds (사고위험성이 높은 운전자에 대한 노면표시 효과 연구)

  • Lee, Jong Hak;Noh, Kwan Sub;Kim, Jong Min;Choi, Jai-Sung
    • International Journal of Highway Engineering
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    • v.15 no.1
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    • pp.127-134
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    • 2013
  • PURPOSES: Speeding is often the primary contributor to fatal crashes. Surprisingly, driving behaviors are indirectly affected by personal factors such as law-abidance, risk sensitivity, and situational adaptability. This research aims to verify the effectiveness of pavement markings at reducing the speeds of high-risk drivers. The purpose of this study is to establish how drivers (including law-abiding or law-breaking, high-risk or low-risk) react to different pavement markings in a driving simulator. METHODS: The five different pavement markings were selected from markings used in other nations. The forty-two drivers were then surveyed, via questionnaires, and placed into the corresponding groups. Finally, statistical analysis was conducted to determine the extent of speed reduction for each pavement marking. RESULTS: Higher speeds were linked to the high-risk drivers. Furthermore, after analysis of the mean difference of average speeds by pavement marking, it was determined that Dragon's Teeth had the greatest speed reducing effect on these drivers. CONCLUSIONS: Perceptual countermeasures are unlikely to strongly affect high-risk drivers' perception of speed on the curves. This statistically demonstrates that Dragon's Teeth have a subtle effect on reducing speeds in the driving simulator. This study's significance lies in the improved understanding of high-risk drivers in terms of road facilities. It approaches the effects of various patterns of pavement markings for high-risk drivers.

A Study on the Improvement of Maritime Traffic Safety Assessment Scheme by applying Metaevaluation Model (메타평가 모형 적용을 통한 해상교통안전진단제도 개선방안에 관한 연구)

  • Cho, Ik-Soon;Cho, Kyung-Min
    • Journal of Navigation and Port Research
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    • v.37 no.4
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    • pp.383-390
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    • 2013
  • After forming a institutional framework with specified in Maritime Safety Law(ex. Maritime Traffic Safety Law) on May 27th, 2009, The efforts for improving 'Maritime Traffic Safety Assessment Scheme(MTSA scheme)' have continued to the present. But there's no review with the comprehensive and systematic approach for proceeding acceleration step of MTSA scheme. At this point, this study analyzed current status and derived improvement measures using by 'PIP'OU model' which was designed for the comprehensive analysis in accordance with metaevaluation theory, like as question investigation and etc. Consequently, it mainly needs to improve 'Assessment Plan' domain and minimized the difference in views between concerned parties. This study is expected to be used to develop systematic maritime policy by proposing the order of priority in improvement matters.

A Big Data Analysis on the Enactment Process of Min-Sik's Law (빅데이터 분석을 활용한 민식이법 제정과정에 대한 연구)

  • Kang, Aera;Nam, Taewoo
    • Informatization Policy
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    • v.30 no.4
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    • pp.89-112
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    • 2023
  • Traffic safety policies have been established and carried out every five years according to the Traffic Safety Act. In addition to policies that are planned and carried out in the long run, there are also policies established to prevent the recurrence of various social issues and accidents. Citizens' participation in administrative affairs has recently seized the spotlight, and has become an efficient means of realizing administrative democracy. Based on big data analysis, this study aims to present how the "Kim Min-sik Case," which recently brought to the fore a social issue of strengthening laws on child school zones, has realized administrative democracy and contributed to legislation due to the emergence of the online platform called "national petition." Policy changes according to the cycle of issues are divided according to time series classification and what contents are devised in each section through text mining analysis. In this regard, the results of this study are expected to provide useful theoretical and practical implications for researchers and policymakers by presenting policy implications that it is important to prepare practical and realistic alternatives in solving policy problems.