• The Korean Journal of Archival Studies
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• no.11
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• pp.15-40
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• 2005

'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.1
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• pp.41-52
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• 2022

Objectives: This study intends to review the impact on cleaning workers and suggest directions for improvement by reviewing the legal and institutional ways in which Article 86 Nos. 7 and 16 of the Enforcement Decree of the Occupational Safety and Health Act work on the maintenance and promotion of cleaning workers' health. Methods: The following laws and systems were reviewed and considered: First, the occupational safety and health legislation obligated or required to be applied to protect the health of cleaning workers; Second, the status of control of chemicals or mixtures used at cleaning sites through the Consumer Chemicals Product and Biocide Safety Control Act; Third, Control of consumer products according to foreign material safety data sheet related laws. Results: Legal and institutional measures necessary to protect the health of cleaning workers include the legal control of harmful substances to be controlled, work environment monitoring, and special health examinations. The application of the Consumer Chemicals Product and Biocide Safety Control Act does not satisfy the legal and practical level of health maintenance and promotion required by the Occupational Safety and Health Act, and the communication of chemical information is insufficient. Overseas, there are restrictions on the use of consumer products in the workplace without material safety data sheets. Conclusions: It is necessary to improve the system to ensure the health of workers handling consumer chemical products. The remaining laws and regulations exempted from the obligation to prepare material safety data sheets should be additionally reviewed.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.1004-1010
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• 2021

Ship-floating object accidents can lead not only to a delay in ship's operations, but also to large scale casualties. Hence, preventive measures are required to avoid them. This study analyzed the spatiotemporal aspects of such collisions based on the data on ship-floating object accidents in sea areas in the last five years, including the collisions in South Korea's territorial seas and exclusive economic zones. We also provide basic data for related research fields. To understand the distribution of the relative density of accidents involving floating objects, the sea area under analysis was visualized as a grid and a two-dimensional histogram was generated. A multinomial logistic regression model was used to analyze the effect of variables such as time of day and season on the collisions. The spatial analysis revealed that the collision density was highest for the areas extending from Geoje Island to Tongyeong, including Jinhae Bay, and that it was high near Jeongok Port in the West Sea and the northern part of Jeju Island. The temporal analysis revealed that the collisions occurred most frequently during the day (71.4%) and in autumn. Furthermore, the likelihood of collision with floating objects was much higher for professional fishing vessels, leisure vessels, and recreational fishing vessels than for cargo vessels during the day and in autumn. The results of this analysis can be used as primary data for the arrangement of Coast Guard vessels, rigid enforcement of regulations, removal of floating objects, and preparation of countermeasures involving preliminary removal of floating objects to prevent accidents by time and season.

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• Journal of Platform Technology
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• v.11 no.1
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• pp.23-37
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• 2023

As the importance of R&D increases amid the paradigm of technology hegemony competition, countries around the world are increasing investment in R&D, at the same time, making effrots to portect R&D. Centering to technology-leading countries, such as Korea, the United States and Japan, they reorganize research security regulations to protect national R&D; however, the burden of compliance for researcher and research institutes is still high. Korea enacted the National R&D Innovation Act and the Enforcement Decree of the same Act to establish an integrated and systematic research security support system, but research institutes and researchers still lack understanding and practice of research security. In order to strengthen researcher's research security compliance, this study organized information requirements for each security management area through domestic and foreign research security laws and prior research analysis, and designed research security information requirements items centered on researchers. The designed information requirements are meaningful in that they were designed by considering both the management area and the stage of R&D, focusing on researchers performing R&D in the field. Based on the designed information requirements items, it is expected that systematic security management will be possible at the research site, which will ease the security burden of researchers and improve research security compliance at the research and development site.

• Journal of the Korea institute for structural maintenance and inspection
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• v.27 no.3
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• pp.58-70
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• 2023

Based on the current state of safety management for small-scaled old buildings, this study identified problems and proposed improvement plans. The study investigated the current status of safety management based on relevant laws and government and financial portal data, as well as budget documents related to the targets of safety management, the organization responsible for safety management, and the budget required for organizational operation. As a result, the study revealed the problem of safety management blind spots for buildings that are not included in the legal safety inspection targets. It also identified difficulties in securing specialized personnel for the operation of local building safety centers and financial constraints for the operation of building safety special accounting. To address these issues, the study proposed measures such as expanding the scope of safety inspection targets for small-scaled old buildings to reduce safety management blind spots, improving compensation regulations for specialized personnel, setting a minimum ratio for enforcement fines to secure financial resources, and gradually adjusting building permit fees. The study aimed to contribute to improving the efficiency of safety management for small-scaled old buildings based on these proposed measures.

• Korean Journal of Culture and Social Issue
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• v.17 no.3
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• pp.321-341
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• 2011

This study examines how anonymity between drivers affects aggressive driving and why, in an anonymous situation, some drive aggressively and others do not. Two surveys were conducted. The first survey covered 200 participants and found that people are more likely to drive aggressively in an anonymous situation than in a face-to-face situation. The second survey covered 384 participants with a history of aggressive driving and found that these aggressive drivers could be classified into three groups using a two-step cluster analysis. Drivers who often exhibit aggressive driving in anonymous situations were found in the second questionnaire to have a high tendency towards driving anger and towards ambivalence over emotional expressiveness. The tendency towards self-defensive ambivalence factor, one of the factors in the ambivalence over emotional expressiveness questionnaire, was also found to be high. Individuals who tended to drive aggressively in an anonymous situation were found to be susceptible to driving anger, usually faced ambivalence over emotional expressiveness, and typically were indecisive. The results of this study suggest that rather than intensifying the enforcement of traffic regulations, a better remedy for those who drive recklessly would be to have them undertake some candid self-reflection.

• Journal of the Korea Society of Computer and Information
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• v.29 no.4
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• pp.145-153
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• 2024

Through the 106th session of the International Maritime Organization(IMO)'s Maritime Safety Committee(MSC), a mandatory safety training requirement for all personnel transferred or accommodated for offshore industrial activities was established and adopted under the name of SOLAS Chapter XV, IP(Industrial Personnel) Code. This regulation mandates pre-boarding safety training to enable individuals to anticipate and mitigate hazardous risks in navigation and operational environments. Consequently, the IP Code includes provisions regarding the training content for industrial personnel and regulations for the refusal of master who has a full responsibility for individuals who have not completed the required training(non-qualified industrial personnel). Referred to as the IP Code, this agreement is set to enter into force in July 2024, necessitating the establishment and operation of safety education for industrial personnel boarding ships before that date. Accordingly, this paper reviews the legal requirements related to training within IP code and analyzes the details of models including training objectives, target audience, duration, and course structure of safety trainings such as STCW, OPITO, GWO training, and other delegated training related to current ships. Additionally, it aims to propose a curriculum model for IP training courses which consists of a total of 16 hours over 2 days, offered by the Korea Institute of Maritime and Fisheries Technology, including teaching objectives, duration, and course structure.

• The Journal of Industrial Distribution & Business
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• v.3 no.1
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• pp.7-16
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• 2012

Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.