• Journal of Environmental Impact Assessment
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• v.10 no.3
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• pp.195-209
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• 2001

The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

• Journal of Preventive Medicine and Public Health
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• v.49 no.1
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• pp.1-17
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• 2016

The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

• 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.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.3
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• pp.303-315
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• 2010

The fisheries resource in waters under the jurisdiction of Korea is being endangered by unlawful fishery. The Korean government exerted great efforts to establish the public order of water, but the number of the exposed unlawful fishing violations has increased for last 10 years. The system to guide fisheries regulatory noncompliance of Korea is limited to the use of fishing guidance patrol boats. For strength of monitoring and surveillance systems, the government needs to phase in Vessel Monitoring System. But there are some studies for that. The defects of present monitoring practice can be drawn from the facts described above. The qualification of the fishery control official one of most important element of fishing control system, is defined as any officer who is charging on fishing. For clear law enforcement the qualification should require considerable experience and knowledge. Korean coast guards have problems on guiding unlawful fishing violations because of the absence of administrative authority by comparison with the fisheries guiding officer, who has both authorities on administration and jurisdiction. To draw some judicial problems this research presents a analysis on the fishing control system. The research suggests the improvements to compensate the defects.

• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.3
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• pp.93-106
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• 2001

Whether a ship is sub-standard or not shall be finally decided by the minimum standards laid down in international conventions or national standards having the same effects. The flag State is primarily responsible for implementing these standards as far as its own ships are concerned. And the port State shall, in the exercise of its rights under international law, take appropriate measures (including detention of ships identified as sub-standard), which are regarded as port State's supplementary role aiming at implementing these standards. The international standards are implemented by the regional co-operation in the form of the MOU(Memorandum of Understanding) on Port State Control in the Asia-Pacific Region on the ground that the PSC enforcement of only one country does not enable the eradication of sub-standard ships. Recently, EQUASIS which is an international database covering the whole world fleet change the regionalism of PSC into the globalization of PSC. However, there are many problems in Tokyo MOV and Korean PSC regime. In order to ensure the implementation of the standards laid down in international conventions and Tokyo MOU, the Korean and other country in Asia-Pacific shall settle the alienation from the actuality of the law, namely the problem of maritime administrative structure of non unifying PSC affairs.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.162-183
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• 1998

The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2012.10a
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• pp.769-772
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• 2012

Personal Information Article2 defines personal authentication information, secret information, bio information for personal information and it is stipulated under article29 that the one who have duties must take adequate technological, administrative, physical measures to prevent from illegal reading and sneaking. Also it is stipulated under information communication network law28(1), enforcement regulation9, Korea Communications Commitee notice. To satisfy this, the one who have to take security actions of personal information are required to take technological measures and establish positive measures to continuously manage it.The insurance of technological security is possible by encryption of personal information, secure management and operation of encryption key,taking personal information security level of providin access control of personal information reading and audit.In this paper, we will analyze various technologies of personal information encryption which are essencial component in technological security measuresof personal information. This paper will help choose which technological measures you should take in personal information security.

• The Korean Journal of Archival Studies
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• no.70
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• pp.41-83
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• 2021

After the revision of the Enforcement Decree of the Public Records Act, the archives created a management standard table for data set records management and performed management and control. Therefore, in this study, the data set record identification procedure and evaluation index were developed for systematic data set record management of archives. By applying this, a management standard table was prepared after identifying the records of 8 datasets in kr's electronic procurement system, and the evaluation was carried out according to the evaluation index, and the retention period, transfer, and collection were determined. It is hoped that this case study will be of practical use to the archives at a time when concrete examples of procedures for the management of dataset records are lacking.

• Korean Security Journal
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• no.18
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• pp.119-141
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• 2009

Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.