• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.31 no.4
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• pp.417-426
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• 2021

Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• Journal of the Korean Vacuum Society
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• v.19 no.6
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• pp.415-422
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• 2010

Recently as the reports on toxicity of some nanomaterials and the nanoproducts containing these nanomaterials are rapidly increasing, the safety management issues about nanomaterials and nanoproducts are emerging hot. Especially safety in the workplace and that of consumers and the protection of environment, in other words safeties throughout the life-cycle of nanomaterials and products become core issues. Despite the importance of such a safety management, however, it is very difficult to construct the hard regulatory framework for safety, owing to uncertainties and potentialities of nano-risk. In this paper I will look around the ethical principles and guidelines for safety management which are preferentially required before going into the discussion on the construction of hard-regulation such as law and something like that. Under the circumstance that hard-regulations for safety management are not implementable, these principles and guidelines are expected to play a leading part in building the responsible risk-governance framework for nanomaterials and nanoproducts, and finally to become a cornerstone of the hard risk-governance framework.

• 한국무역상무학회:학술대회논문집
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• 2006.06a
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• pp.45-72
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• 2006

The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

• Proceedings of the KSR Conference
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• 2011.05a
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• pp.307-313
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• 2011

Hyundai Rotem Company has designed and manufactured the next generation high speed EMU bodyshell (M3-car). Korean Railway Safety Law specifies the loads vehicle bodies shall be capable of withstanding, identifies what material data shall be used and presents the principles to be used for design verification by analysis. Therefore, in order to fulfill the structural requirements, Hyundai Rotem Company has carried out Finite Element Analysis (FEA) and static load test to verify whether the carbody structure has enough strength to withstand the loads specified by Korean Railway Safety Law. This research contains the results obtained by the FE analysis and static load test. The FE analysis is carried out using NX I-DEAS 6.1 and specially designed test jigs and equipment are used for the load tests.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.99-131
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• 2011

To strengthen the protection of human research subjects and human materials, the Korean Ministry of Health and welfare proposed the amendment bill of Bioethics and Safety Law(2010) to the Congress. It includes so many meaningful clauses. According to the bill, the scope that this act shall apply will be expended to the research involving human subjects and human materials. In the bill, there are the principles of this act; the protection of the life, health, and dignity of the human subjects, the obtaining of the adequate informed consent, the protection of the human subject's information confidentiality and the human subject's privacy, the assessment and minimizing of the risks involved and the guarantee of the safety for the human subjects, the preparation of the special protection program for the vulnerable human subjects, and so on. According to the bill, Institutional Bioethics Review Board(the same as Institutional Review Board) will be responsible for the auditing and monitoring on the research that was approved by IBRB, conducting the education program for the researchers, IBRB members and administrative staffs, preparing of the special protection program for the vulnerable human subjects, and forming the guidelines for the researchers as well as the review of the research protocols. And the State and local governments shall take necessary measures to support the expending of the social infrastructure. In addition to, IBRB will have to be assessed and to be gained the accreditation by the Korean Ministry of Health and welfare. So, if Bioethics and Safety Law is amended, it will contribute enormously to enhance the level of the human research subjects protection. Also, if this Law is amended, IBRB will play a major role for the conduct of the ethically, scientifically, and legally proper research. But now, as a matter of fact, the capability of IBRB members and IBRB office members is not enough to charge of this role because some people and some organizations does not know the importance of IBRB exactly. In spite of, IBRB shall be able to this role to protect the human subjects and to develop the level of the research On the international level. Therefore, the State, local governments and the Organization shall back up the administrative and financial terms of the IRB and IRB Office.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.26 no.8
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• pp.690-698
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• 2015

In this paper, we propose a policy orientation for human effects on EMF according to the increasing number of devices which use electromagnetic waves. In particular, we conducted the analysis of the concept of the precautionary principle in advanced foreign countries and case studies which are being applied to the criteria more strict than international standards of protection for vulnerable groups. Futhermore, we analyzed the regulations of the EMF safety zone on KynungGi-Do Regional Council which is not valid in terms of constitutional principles such as superior constitutional and rerservations law principles. In conclusion, we propose to amend or modify any law for vulnerable groups and to implement the EMF-related policy on based Radio Wave Act.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.34 no.2
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• pp.148-155
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• 2024

Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.2
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• pp.129-136
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• 2022

Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them. Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory. Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term. Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.

• Journal of the Korean Society of Safety
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• v.32 no.1
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• pp.98-107
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• 2017

This study is aimed to design for qualification structure and develop the subjects for examination of the school safety manager qualifications. For the study purpose, job analysis and meetings with experts were performed for extract contents such as task range, criteria of examination, subjects of examination and examination methods, etc. The first step, duties and tasks of the school safety manager were figured out through revised job analysis data of the school safety manager developed before. On the second step, job model was established and developed job specification including importance, difficulty and frequency of each task. On the third step, task specification was developed, and Knowledge-Skill Matrix was the most important thing on examination were completed. The fourth step was the selection of examination subject using task-subject matrix and 6 subjects such as The Principles of Safety, Understanding of the School Safety Manual, Law Related on the School Safety, Introduction to Education, Understanding and Dealing with Type of the School Safety, Establishment of the School Safety Plan were derived from previous procedure. The fifth step was development of guidelines for design examination of each subject. The last step was development for skills education program.