• Title/Summary/Keyword: compulsory investigation

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Methods to Introduce Criminal Remedies to Enahnce Effectiveness of Administrative Technology Misappropriation Investigation (기술침해 행정조사의 실효성제고를 위한 분쟁조정 방안 -형사적 구제방안을 중심으로-)

  • Byung-Soo, Kang;Yong-kil, Kim;Sung-Pil, Park
    • 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.

An Research Into The Reactive Safety Action Program for Promoting Aviation Safety Culture

  • Kim, Dae Ho
    • Journal of the Ergonomics Society of Korea
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    • v.35 no.3
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    • pp.165-173
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    • 2016
  • Objective: The objective of this research is to inquire about safety information from the standpoint of its usefulness to suggest the significance of the Reactive Safety Action Program, which serves to promote aviation safety culture. Background: Safety information plays an important role in operating safety programs. Each organization learns lessons from safety information collected from aviation accidents and incidents. When an accident occurs, it is only through safety investigation and a close inquiry on the cause that we can come up with an appropriate countermeasure which would contribute to preventing the recurrence of the same or similar accident. However, the usefulness of safety information produced from unsatisfactory safety investigation is insufficient. Method: This research analyzed the characteristics of aviation accidents, the differences between safety investigations and legal accident investigations in systematic and operative perspectives, and safety culture as a measure to activate reporting systems (compulsory/voluntary). Results: This research defined the investigation scope and processes of safety investigations and legal accident investigations. It also suggested factors such as just culture based on trust, non-punitiveness, confidentiality, the participation of the entire staff through the use of inclusive reporting base, ensuring the independence of the operating organization as a way to promote safety through reporting systems. Conclusion: The organization's effort is the important aspect in obtaining exact and accurate safety information from accidents/incidents. The separate running of SIB (Safety Investigation Board) and AIB (Accident Investigation Board), the systematization of safety information reporting system, and prescribing (legislating) the composition of related organizations are some representative programs. Application: This research inquired experiences that contributed in promoting aviation safety culture in a reactive perspective, and will serve a role in spreading safety culture by enabling the use of application experiences of the aviation field in other domains.

A Study on Recall Systems of Motor Vehicle by Statistical Analysis of Defects Investigation (자동차 제작결함조사 통계 분석을 통한 리콜제도 연구)

  • Song, Ji-hyun;Kwon, Hae-boung;Lee, Kwang-bum;Kim, Hee-june
    • Journal of Auto-vehicle Safety Association
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    • v.7 no.4
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    • pp.20-25
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    • 2015
  • The basic point of a vehicle recall is to remove vehicle defects as soon as possible and thus prevent possible road traffic accidents caused by the defects beforehand. Therefore, the core of vehicle recall under the self-certification system consists of a timely response and fast remedy of defects. The present study aimed to deduce a plan for improvement of the system necessary for the fast remedy of defects through a phased analysis of defect investigation procedure based on defect investigation statistical data. There will be a need to make the TSB(Technical Service Bulletin) or service campaign data submission of a manufacturer compulsory for the collection of broad defect information in the stage of information analysis and to impose a higher penalty when the manufacturer violates the data submission in the investigation stage. In addition, it is considered that an active service campaign should be induced and a punishment for late recall will be needed for consumer protection.

Management and Use of Oral History Archives on Forced Mobilization -Centering on oral history archives collected by the Truth Commission on Forced Mobilization under the Japanese Imperialism Republic of Korea- (강제동원 구술자료의 관리와 활용 -일제강점하강제동원피해진상규명위원회 소장 구술자료를 중심으로-)

  • Kwon, Mi-Hyun
    • The Korean Journal of Archival Studies
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    • no.16
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    • pp.303-339
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    • 2007
  • "The damage incurred from forced mobilization under the Japanese Imperialism" means the life, physical, and property damage suffered by those who were forced to lead a life as soldiers, civilians attached to the military, laborers, and comfort women forcibly mobilized by the Japanese Imperialists during the period between the Manchurian Incident and the Pacific War. Up to the present time, every effort to restore the history on such a compulsory mobilization-borne damage has been made by the damaged parties, bereaved families, civil organizations, and academic circles concerned; as a result, on March 5, 2004, Disclosure act of Forced Mobilization under the Japanese Imperialism[part of it was partially revised on May 17, 2007]was officially established and proclaimed. On the basis of this law, the Truth Commission on Forced Mobilization under the Japanese Imperialism Republic of Korea[Compulsory Mobilization Commission hence after] was launched under the jurisdiction of the Prime Minister on November 10, 2004. Since February 1, 2005, this organ has begun its work with the aim of looking into the real aspects of damage incurred from compulsory mobilization under the Japanese Imperialism, by which making the historical truth open to the world. The major business of this organ is to receive the damage report and investigation of the reported damage[examination of the alleged victims and bereaved families, and decision-making], receipt of the application for the fact-finding & fact finding; fact finding and matters impossible to make judgment; correction of a family register subsequent to the damage judgement; collection & analysis of data concerning compulsory mobilization at home and from abroad and writing up of a report; exhumation of the remains, remains saving, their repatriation, and building project for historical records hall and museum & memorial place, etc. The Truth Commission on Compulsory Mobilization has dug out and collected a variety of records to meet the examination of the damage and fact finding business. As is often the case with other history of damage, the records which had already been made open to the public or have been newly dug out usually have their limits to ascertaining of the diverse historical context involved in compulsory mobilization in their quantity or quality. Of course, there may happen a case where the interested parties' story can fill the vacancy of records or has its foundational value more than its related record itself. The Truth Commission on Compulsory mobilization generated a variety of oral history records through oral interviews with the alleged damage-suffered survivors and puts those data to use for examination business, attempting to make use of those data for public use while managing those on a systematic method. The Truth Commission on compulsory mobilization-possessed oral history archives were generated based on a drastic planning from the beginning of their generation, and induced digital medium-based production of those data while bearing the conveniences of their management and usage in mind from the stage of production. In addition, in order to surpass the limits of the oral history archives produced in the process of the investigating process, this organ conducted several special training sessions for the interviewees and let the interviewees leave their real context in time of their oral testimony in an interview journal. The Truth Commission on compulsory mobilization isn't equipped with an extra records management system for the management of the collected archives. The digital archives are generated through the management system of the real aspects of damage and electronic approval system, and they plays a role in registering and searching the produced, collected, and contributed records. The oral history archives are registered at the digital archive and preserved together with real records. The collected oral history archives are technically classified at the same time of their registration and given a proper number for registration, classification, and keeping. The Truth Commission on compulsory mobilization has continued its publication of oral history archives collection for the positive use of them and is also planning on producing an image-based matters. The oral history archives collected by this organ are produced, managed and used in as positive a way as possible surpassing the limits produced in the process of investigation business and budgetary deficits as well as the absence of records management system, etc. as the form of time-limit structure. The accumulated oral history archives, if a historical records hall and museum should be built as regulated in Disclosure act of forced mobilization, would be more systematically managed and used for the public users.

Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
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    • v.7 no.12
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    • pp.105-113
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    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

Associations of the Neighborhood Environment With Substance Use: A Cross-sectional Investigation Among Patients in Compulsory Drug Detention Centers in Thailand

  • Yangyuen, Suneerat;Kanato, Manop;Mahaweerawat, Udomsak
    • Journal of Preventive Medicine and Public Health
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    • v.51 no.1
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    • pp.23-32
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    • 2018
  • Objectives: To identify the associations of characteristics of the neighborhood environment with substance abuse among clients receiving treatment for drug abuse in Thailand. Methods: A cross-sectional study was conducted of 1128 drug addicts from 28 neighborhoods who were receiving treatment at all 7 compulsory drug detention centers in Thailand. A trained interviewer conducted structured interviews with the subjects about substance use and the perceived neighborhood environment in their community. A multilevel logistic regression model was applied to estimate the effects of the neighborhood environment on substance use. Results: The majority of participants, 53.8% only used methamphetamine pills, 31.3% used other illicit drugs as well as methamphetamine pills, and 14.9% used an illicit drug other than methamphetamine. Three neighborhood characteristics were associated with substance use. A 1-unit increase in the perceived neighborhood cohesion score was associated with a 15% reduction in methamphetamine pill use and an 11% reduction of the use of both methamphetamine pills and another illicit drug. Conversely, a 1-unit increase in perceived neighborhood crime predicted 19 and 14% increases in the use of methamphetamine pills and the use of both methamphetamine pills and another illicit drug, respectively. In addition, a 1-unit increase in the scores for stigma surrounding addiction corresponded to a 25% increase of the use of methamphetamine pills and a 12% increase in the use of both methamphetamine pills and another illicit drug. Conclusions: Substance use among drug addicts was influenced by characteristics of the neighborhood environment. Therefore, prevention and intervention strategies should be designed based on a consideration of the impact of neighborhood context on substance use behaviors.

Prediction of Compulsory Replacement Depth by Empirical Method (경험적인 방법에 의한 강제치환 심도 예측)

  • Hong Won-Pyo;Han Jung-Geun;Lee Jong-Young
    • Journal of the Korean Geotechnical Society
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    • v.20 no.9
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    • pp.145-153
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    • 2004
  • Based on the previous studies proposed by many researchers about the evaluation method of replacement depth, a modified formula which incorporates the effect factors such as embanked height and load, replacement depth, cohesive force of original ground and unit weight of embankment etc, was suggested in this study. The new proposed formula was applied in the three construction sites of Kwangyang-Bay Area (Yeocheon, Youlchon, and Kwangyang) constructed by the compulsion replacement method. The application of the new method was investigated through these case studies in domestics. A modified bearing capacity parameter was estimated form the relationship of modified embankment loading and ultimate bearing capacity resulted from the site investigation, and the replacement depth was predicted by using this parameter. In addition, through the relationship analyses between each effect factors to the replacement depth in two areas, Yeocheon and Youlchon, an empirical prediction method which can evaluate the replacement depth in adjoining area was proposed. The predicted value obtained by new method is approximately similar to the measured replacement depth in Kwangyang area.

Development of Road Tunnel Ventilation System with Electrostatic Precipitator (도로터널용 전기집진시스템 개발)

  • Kim, Jong-Ryul;Weon, Jong-Oung
    • Proceedings of the SAREK Conference
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    • 2008.11a
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    • pp.80-83
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    • 2008
  • As SOC (Social Overhead Capital) has been expanded, the highway road construction has been accelerated and city road system has been more complicated. So, long road tunnels have been increased and traffic flow rate also has been raised. Accordingly, the exhausting gas of vehicle cars seriously deteriorates the tunnel inside air quality and driving view. In order to improve tunnel inside air quality, we may need to introduce a compulsory ventilation system as well as natural ventilation mechanism. The natural ventilation mechanism is enough for short tunnels, meanwhile longer tunnels require a specific compulsory ventilation facility. Many foreign countries already have been devoting on development of effective tunnel ventilation system and especially, some European nations and Japan have already applied their developed tunnel ventilation system for longer road tunnels. More recently, as the quality of life improved, our concerns about safety of driving and better driving environment have been increased. In order to obtain clearer and longer driving view, we are more interested in EP tunnel ventilation system in order to remove floating contaminants and automobile exhaust gas. Evan though it's been a long time since many European countries and Japan applied more economical and environment-friendly tunnel ventilation system with their self-developed Electrostatic Precipitator, we are still dependant on imported system from foreign nations. Therefore, we need to develop our unique technical know-how for optimum design tools through validity investigation and continuous possibility examination, eventually in order to localize the tunnel ventilation system technology. In this project, we will manufacture test-run products to examine the performance of system in order to develop main parts of tunnel ventilation system such as electrostatic precipitator, high voltage power generator, water treatment system, etc.

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Investigation of Laws and Standards related to Safety Criteria for Commercial Kitchen Machines (주방 기기 안전 기준 관련 법령 및 규격 조사)

  • Kee, Do-hyung;Song, Young-Woong;Kim, Young-Ho
    • Journal of the Korea Safety Management & Science
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    • v.19 no.2
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    • pp.81-93
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    • 2017
  • This study aims to investigate laws and standards(including technical guidelines) related to safety criteria for 22 kitchen machines frequently used in commercial kitchens. The study was based on literature survey, interviews with charge persons in kitchen machines manufacturing companies, cafeteria providing group meals and relevant association, and web surfing. The results showed that there are two types of safety criteria such as legally forced ones by laws and optional ones by national industrial standards or technical guidelines. High pressure safety control act, safety control and business of liquefied petroleum gas act and city gas business act prescribed gas use apparatus safety criteria, rational energy utilization act did those of pressure vessel such large rotary caldron, industrial health and safety act did those of food processing machinery, and electrical appliances safety control act did those of electrical kitchen appliances. Compulsory or optional standards or guidelines related to safety criteria for kitchen machines were presented by 22 kitchen machines. Safety devices shown in the laws, standards and guidelines were also summarized by kitchen machines and their risk factors.

An Investigation on the Efficiency of Research Collaborations: Data Envelopment Analysis and Stochastic Frontier Analysis on Bio-technology R&D Projects

  • Og, Joo-Young;Hwang, Jung-Tae
    • Asia-Pacific Journal of Business
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    • v.10 no.2
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    • pp.1-12
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    • 2019
  • Collaborative research and development (R&D) has been encouraged based on the belief that knowledge spill-over is mutually beneficial for partners. Although the benefits are supported by science and technology policy research, the risk of R&D collaboration has not been extensively discussed. Two independent studies suggest that there are risks associated with the overuse of collaborative research frameworks. Two sets of R&D collaboration data were analyzed: between the national bio-technology research program and 1) Data Envelop Analysis (DEA), and 2) between Stochastic Frontier Analysis (SFA). In the case of SFA, output measures were integrated into a single output, with weights extracted from research programme managers' responses to the questionnaire. While the DEA result demonstrated the inefficiency of collaborative research, SFA did not. Unlike previous research highlighting risks associated with disclosing proprietary R&D and potential conflict of interest, our study indicates that the transaction's social cost affects collaborative research efficiency. Therefore, governments promoting R&D collaborations should be carefully managed, and policy makers must reconsider the strict conditions governing compulsory collaborative R&D programs.