• The Journal of the Korea Contents Association
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• v.12 no.2
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• pp.276-283
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• 2012

Current Administrative Death investigation system is have many problems. Almost local governor don't exercise about administrative death investigation authority. Thus, prosecutors have to many decisions about judicial death investigation authority. Consequently, these vicious cycle is repeated. There is not clear regulations about scope for judicial death investigation. Discussed in this paper improve the Administrative Death investigation system are as follows : First, the uniform act of death investigation is have to legislated. Second, the scope for death investigation is clearly legalized. Medical examiner is must administrative death investigation according to the law. Also prosecutor can order to judicial autopsy to medic examiner. Third, Administrative Death investigation rules should be clarified. Introduce a Medical Examiner System Korean Administrative Death Investigation system centered on prosecutor and judicature who are not a specialist in pathology or forensic medicine. Lacking in professional understanding cause less accuracy of Administrative Death Investigation. To overcome limitations and problems of our Administrative Death Investigation system is suggested to introduce a Medical Examiner system.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of Korean Library and Information Science Society
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• v.45 no.3
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• pp.349-369
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• 2014

The purpose of this study is to suggest an improved model of the library administrative organization, based on analysis and investigation of present situations of libraries in 31 local governments of Gyeonggi province. With the result of this investigation, there are few local governments in Gyeonggi province with library-related organizations. Most of them had more organized position of extraordinary session than of affiliation with each local government. Also, library policy departments were incomplete, and local governments did not configure the library operating System(central library - base library - branch library) efficiently.

• Journal of Environmental Impact Assessment
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• v.6 no.1
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• pp.5-31
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• 1997

Strategic Environmental Assessment (SEA) is an assessment process integrated with policy and planning processes considering environmental impacts, not at the level of individual project, but at higher level of policy and plan. Presently, two systems for the SEA are being implemented in Korea. One is "the consultation of environmental investigation into a change in national land utilization", which is to be pre-discussed with the head of the related central administrative organizations, based on the respective individual code. The other is "the consultation of environmental investigation into an administrative plan and project", which is to be pre-discussed with the minister of the environments for the administrative plan. However, these two systems are not integrated procedures with the planning process. In other words, there is a separate post-environmental assessment after planning. Also concrete proposal is not yet prepared for the method and procedure of environmental investigation about details of the planning. Therefore, they do not playa role in taking precautions for environmentally sustainable development. In this study, for the effective environmental investigation at the level of planning, environmental assessment model to be integrated with urban comprehensive plans was developed. The results of this study can be summarized as follows: First, based on the analysis of systematic problems in environmental investigation of this country, the study compared and analysed the SEA method of foreign countries. derived the potential limitations in its applications to this country. Also, the new method in this study, is integrated into planning process by improving the limitations. Thus, we developed the SEA model for this country, which consists of seven steps ; Phase 1; establishing a work program, Phase 2; defining the scop. of the SEA, Phase 3; analyzing an existing environmental situation, Phase 4; examining the consistency with environmental policy, Phase 5; appraising and synthesizing the plan content, Phase 6; proposing recommendations, Phase 7; monitoring and feedback. Second, the two types of application program of the developed assessment model were proposed. One is to integrate this model into planning process, and the other is for the institute and ministry of environments to implement SEA after planning. An aim of this study was developing an environmental assessment model at the planning level which was not yet established in this country and was to apply the model to urban comprehensive plan for inspection. This research will make the effective operation of environmental investigation system possible at the planning level in this country and contribute to the environmental protection at the global level.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.133-159
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• 2019

This paper reviews 2019 new arbitration rules of Japan Commercial Arbitration Association (JCAA). JCAA has amended its Commercial Arbitration Rules, and its Administrative Rules for UNCITRAL Arbitration. Also, it has introduced a new Interactive Arbitrations Rules. These new rules take effect from 1 January 2019. First, principal amendments of JCAA Commercial Arbitration Rules are such as arbitrator impartiality, tribunal secretaries, no dissenting opinions, expedited proceedings, arbitrator fees, administrative fees. Second, JCAA's new Interactive Arbitration Rules compel communication from the arbitral tribunal to the Parties and introduce a system of fixed compensation for arbitrators. Third, JCAA's Administrative Rules for UNCITRAL Arbitration are designed to provide the minimum essentials to allow the UNCITRAL Rules to be overseen by an institution. The only significant updates focus on arbitrator remuneration. This paper presents the intent and some implications of JACC's 2019 new rules for Korean Commercial Arbitration Board (KCAB) arbitration rules. Also, it seeks to provide a meaningful discussion and improvement on the facilitating of arbitration system in Korea.

• Asia-Pacific Journal of Business
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• v.13 no.2
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• pp.107-122
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• 2022

Purpose - This study aims to develop machine learning models to predict administrative issue designation in KOSDAQ Market using financial data. Design/methodology/approach - Employing four classification techniques including logistic regression, support vector machine, random forest, and gradient boosting to a matched sample of five hundred and thirty-six firms over an eight-year period, the authors develop prediction models and explore the practicality of the models. Findings - The resulting four binary selection models reveal overall satisfactory classification performance in terms of various measures including AUC (area under the receiver operating characteristic curve), accuracy, F1-score, and top quartile lift, while the ensemble models (random forest and gradienct boosting) outperform the others in terms of most measures. Research implications or Originality - Although the assessment of administrative issue potential of firms is critical information to investors and financial institutions, detailed empirical investigation has lagged behind. The current research fills this gap in the literature by proposing parsimonious prediction models based on a few financial variables and validating the applicability of the models.

• Korean Security Journal
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• no.58
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• pp.59-80
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• 2019

Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Proceedings of the Korean Geotechical Society Conference
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• 2009.09a
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• pp.643-650
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• 2009

The necessary consequence by the rapid economic growth in large-scale urban excavation is increasing. If the site is the congested in downtown, the scale of excavation will get the large-scale and the extreme depth. We have achieved a high level technology internationally by the design and construction of underground excavation since 1980's. But the accidents during excavation are frequently occurring. So, this demage instigates the human life loss as well as economical loss. The recent accident is come about the damage for public facilities such as the railroad, subway and etc. in addition to the loss of life and property. For these reasons, the recent accident is being caused the damage of copious social overhead capital. The reasons of collapse during excavation can be classified roughly into the administrative part(sanction, permission), the investigation and design, the construction and management and etc. In this study the close check for the cases of the recent collapse is performed and the improvement course for the prevention of collapse is found.

• Journal of the Korea Safety Management & Science
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• v.19 no.3
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• pp.11-17
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• 2017

The study seeks to cooperate with the investigation of a fire investigation based on public-private partnership. Fire protection systems provide a wide variety of viewpoints from the perspectives of design, construction, management, maintenance, maintenance and maintenance systems at a particular point in time, construction, management, and maintenance systems. What is controversial is that there are illegal activities such as illegal activities of the Patent Office, misconduct of construction work and unreasonable construction of construction works.As a theoretical framework, the present study identified the four key elements of a successful disaster response system : responsiveness, control, professionalism, and bias.