• The Korean Journal of Archival Studies
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• no.3
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• pp.65-89
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• 2001

We, at The Korea Democracy Movement Archives opened temporarily at SungKongHoe University(SKHU), have currently collected about 100,000 recorded materials of democratization movement related with labor, farmer, civilian, human rights, peace, unification, young people, student and women's movements by investigating, collecting and receiving donations from civil organizations and individuals, and about 70,000 data out of this 100,000 data were converted into computer files. The Korea Democracy Movement Archives(temp) at SKHU has a significance in that it is the first archive opened by an organization. Furthermore, the opening of this Archive means the expansion of awareness on recording culture and accumulation of the achievements of the democratization movement in Korea. However, many obstacles still remain in the establishment of this Archive in a full-scale. This article examined many theoretical and realistic obstacles posed to the archivists, who are the professionals responsible for record management, in process of establishing the Archive, and the role and future perspectives of the archivists at The Korea Democracy Movement Archives(temp). The first obstacles in the process of organizing and separating the recorded materials at the Archive is a difficulty in the description of classifying the different movement organizations. The second obstacle is a difficulty in specifically applying the international standard, ISAD(G), of record description in the process of establishing the description items. Through many trials and errors, we need to try to confirm the description befitting. The Korea Democracy Movement Archives through continuous adjustment and complementary measures. The third obstacle is a difficulty in estimating the range and physical and quantitative amount of the recorded materials since the collection of recorded materials is complete. Thus, the answers to these problems lie in continuous efforts to establish a creative classification system befitting the democratization movement in Korea in the process of many trials and errors and endeavor. The evaluation classification done by archivists is a creative act forming record heritage, and archivists need to form record heritage reflecting the evaluation system of a certain period. Moreover, they transmit the shape of the current era in a maximum scale to the future by using the minimum amount of records. An archivist is responsible for two tasks, i.e., preserving a record and making other people to utilize the record by working with record. However, We, at The Korea Democracy Movement Archives(temp), have an additional task of contributing to the democratization movement in korea that has not ended by collecting, preserving and making people to utilize the fragments of memory in the recent history of Korea by establishing the Archives.

• Journal of Korea Water Resources Association
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• v.54 no.11
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• pp.849-862
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• 2021

Laws, administrative rules, and task manuals have been revised to build a modern river maintenance system in Korea for the last decade. And various researches and technology developments have been carried out to resolve related issues. However, the recent enactment of the new Act and the catastrophe of flood damage in 2020 have accelerated more emphasis on the reorganization and reinforcement of the river maintenance system in terms of political and social aspects. In this study, we suggested promising directions for strengthening the technical and institutional competencies of river maintenance with respect to policy, R&D, planning, and technology. The open discussion was held with the participation of industry, academia, research institutes, and government officials, and all participants conducted the related survey to collect their opinions effectively. These results are expected to be used as a reference to secure the justification for integration of government organizations, planning of R&D, the introduction of new river maintenance, and related technology development when reestablishing and reinforcing the river management system in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.75-101
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• 2012

As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2015.05a
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• pp.545-570
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• 2015

Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.263-291
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• 2015

In May, 2015, a 68 years old man, who has been Middle East Saudi Arabia and the United Arab Emirates, had high fever, muscle aches, cough and shortness of breath. he went two local hospital near his house and the S Medical Center emergency center. He was diagnosed MERS(Middle East respiratory syndrome) and the diseases had put South Korea the fear of epidemics for three months. Especially, this disease has firstly reported in Middle East Asia in September 2012 and spreaded to twenty-six countries. In 21, July, 2015, European Center for disease prevention and control reported 533 people were died and in South Korea, 186 people were infected, 36 people were died and 16,693 people were isolated from MERS. South Korea government were faced into epidemic control and blamed from public. Especially, hospital acquired infection, disease control chain, opening of information, ventilation, lack of isolation bed, the problem of function of local health center, the issue of reparation for hospital and insurance cover rate, the classification of disease, the role of Korea Centers for disease control and prevention, the culture of visiting hospital to see sick people, the issue of hospital multiple room and other related social support policy. it is time to study and discuss to solve these problems. South Korea citizens felt fear and fright from MERS. What is wore, they thought the dieses were out of their government control. It was unusual case for word except Middle East Asia. numerous tourists canceled visiting korea. South korea economic were severly damaged especially, tourism industry. South korea government should admit that they had failed initial action against MERS and take full reasonability from any damages. The government have to open information to public in terms of epidemic diseases and try to prevent any other epidemic diseases and try to work with local governments.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.405-444
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• 2004

The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural heritage. The Cultural Heritage Administration is the highest administrative organization in terms of Korean cultural heritage. It was founded to produce and execute policies on cultural heritage, an important task that requires a high level of specialized knowledge, skills and academic expertise. It involves in-depth investigation and consultation of experts in the field of cultural heritage. An organization consisting of distinguished experts, the Cultural Heritage Committee plays an important role in policymaking on cultural heritage of Korea. The Korean government established the Bureau of Cultural Heritage in October 1961, and enacted provisions (as a presidential decree) on the organization on March 27, 1962, according to the Cultural Heritage Act established on January 10 of the same year. The Cultural Heritage Committee was opened as a deliberation committee according to the law, on which currently 90 members serve in 8 subcommittees. The term of office of a committees member is two years. The deliberation of the committee, which covers the entire range of cultural heritage, including their designation and cancellation, is normally concluded by the deliberation and decision of each subcommittee. This study aims to analyze of the survey of the Cultural Heritage Committee as the highest organ for the deliberation of policies on the matters of cultural heritage. The subject of the analysis in this study is a questionnaire survey that was conducted between Oct. 20 and Nov. 29, 2003, of 116 former and current members of the committee.