• 한국콘텐츠학회논문지
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• 제12권2호
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• pp.276-283
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• 2012

현행 행정검시제도는 몇 가지 문제점을 갖고 있다. 행정검시권자는 자치단체장이지만 실제로는 대부분 형사소송법상 변사체로 처리되어 검사의 지휘로 사법검시가 이루어지고 있다. 또한 검시대상이 분명하게 규정되어 있지 않아 제대로 죽음의 원인이 밝혀지지 않는 이른바 의문사의 문제도 사회적인 현안으로 자리하고 있다. 이 논문에서는 행정검시제도 개선방안으로 첫째 검시에 관한 통일적인 법률체계의 정비가 필요하며 둘째 검시대상을 명확히 함으로써 법의관은 법률에 규정된 사체에 대한 검시책임을 지며, 그 결과 범죄가능성이 있는 경우 수사기관에 통보할 의무를 부여하고, 셋째 수사기관도 검시가 필요한 사체에 대해 법의관에게 검시를 요구해야 한다. 넷째, 사망원인 조사에 전문성이 부족하면 정확성이 떨어지므로 의학적 전문지식이 있는 법의병리전문의 또는 법의관이 검시의 주체가 되어야 할 것이다. 이 논문에서는 우리나라의 행정검시제도의 한계와 문제를 극복하기 위해서 행정검시 개선방안을 소개했다.

• 한국중재학회지:중재연구
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• 제32권4호
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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.

• 한국도서관정보학회지
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• 제45권3호
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• pp.349-369
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• 2014

본 연구는 경기도 31개 지방자치단체 도서관 행정조직의 편성과 운영형태를 조사하여 문제점을 제시하고, 이를 토대로 도서관 행정조직체계의 개선방안을 제시하고자 한다. 분석결과 본청에 직속으로 편성된 도서관 조직은 거의 없었으며, 대부분 사업소 등의 외청으로 편성되어 있었다. 또한 도서관 관련 조직이 도서관사업소 등의 독립적인 조직으로 구성되어 있는 경우도 있지만, 타 업무나 조직 하에 배속되어 있는 경우가 매우 많았으며 셋째, 해당 지방자치단체의 봉사대상 인구수나 도서관 직원 수, 도서관 수를 감안했을 때 이에 부합하지 않는 직급의 도서관 행정조직을 구성한 곳도 많았다. 넷째, 도서관 정책담당 부서의 설치가 미비하였다. 다섯째, 도서관 운영체제(중앙관-거점관-분관)가 효율적으로 구성되지 못하였다.

• 환경영향평가
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• 제6권1호
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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.

• 한국중재학회지:중재연구
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• 제29권2호
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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.

• 아태비즈니스연구
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• 제13권2호
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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.

• 시큐리티연구
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• 제58호
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• pp.59-80
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• 2019

최근 우리사회가 현대지식경제사회로 진입하면서 정부의 정책과 규제가 국민 삶에 많은 영향을 미치고 있다. 또한 과거와 달리 환경·주택문제, 도시·교통문제, 노사·노동문제 등 다양한 분야에서 발생되는 문제점과 사회적 현안에 대하여 행정의 개입을 희망하고 있다. 본 연구에서는 서울특별시 민생사법경찰단 운영 10년을 통하여 지방자치단체가 특사경 전담조직 운영함에 있어 당위성을 제시하고자 한다. 연구방법은 행정작용의 실효성 확보를 위한 방안으로 행정형벌의 집행과정과 그 효과에 대하여 서울시의 통계자료 등을 기초로 하는 문헌연구를 통해 다루었다. 이에 서울시 민생사법경찰단 운영 10년의 조직변천 과정과 운영현황을 분석하고 행정의 집행력 강화를 위해 수사 전담조직인 민생사법경찰단의 직무 확장이 어떻게 이루어지고 있는지 고찰하고자 한다. 또한 국가보훈처와 같이 특별사법경찰 사무가 활용되지 아니하고 있음에도 법령에 존치되고 있는 현행 관련법률의 정비를 유도하고, 향후 자치경찰제 시행에 따른 특별사법경찰 전담조직의 예상되는 변화를 능동적으로 수용할 수 있도록 미래지향적 제언을 하고자 한다.

• 한국중재학회지:중재연구
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• 제13권2호
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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

• 한국지반공학회:학술대회논문집
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• 한국지반공학회 2009년도 세계 도시지반공학 심포지엄
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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.

• 대한안전경영과학회지
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• 제19권3호
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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.