• Title/Summary/Keyword: law school

Search Result 2,077, Processing Time 0.03 seconds

Ground Security Activities for Prevention of Aviation Terrorism -Centered on San Francisco International Airport of the U.S.A.- (항공테러방지를 위한 지상 보안활동 -미국 샌프란시스코국제공항을 중심으로-)

  • Kang, Maeng-Jin;Kang, Jae-Won
    • The Journal of the Korea Contents Association
    • /
    • v.8 no.2
    • /
    • pp.195-204
    • /
    • 2008
  • With the growth of airline management, as well as computer and IT security, the international trade in this modern society has been rapidly increasing, Along with the advancing, airplanes have become a universal means of communication. However, the complications associated with airplane safety have also been brought up as a result, the most concerning of which is terrorism. One of the main counterplans for preventing terrorism is Ground security activities the core of Ground security activities is absolute safety for passengers in both passenger terminal and freight terminal. Subastral security refers to physical protection, proximity control and 100% security search and freight guarding of the passengers' possessions, and the personnel's duties to perform such jobs are be! coming more crucial. On the other hand, Airport security check has bee n gradually developing since the 1960's, when hijacking began to take place. Although the airports have been providing more safe and comfortable services to their customers, terrorism is still happening today. When Ground security activities is minute, the users feel displeasure and discomfort, yet considering solely their convenience can brings problems in achieving safety. Since the 9.11 terror in 2001, the idea of improving and strengthening airport security was reinforced and a considerable amount of estate is being spent today for invention and application of new technology. Various nations, including the United States, have been improving their systems of security through public services; public police department is actively carrying out their duties in airports as well. In San Francisco International Airport, private police department is in charge of collection of data, national events, VIP protection, law enforcement, cooperation within facilities, daily-based patrol and traffic control. Under guidance and supervision of national organizations, such as TSA, general police department interprets X-Rays, operates metal detectors, checks passports or IDs and observes reactions to explosives. Under these circumstances, studies about advancement of cooperation and duties of general police department and private police department necessitated: especially about private police department and their training for searching equipments, decrease in number of turn over rate, invention of technology and prior settlement in estate for security. The privacy of the public, who make up the major population of airport passengers, must also be minimized. In the following research, the activities of police departments in San Francisco International Airport will be analyzed in order to understand recent actions of the United States on airport security.

A Study on the Right Direction of Green Standard for Energy and Environmental Design(G-SEED) from the Perspective of Landscape Architecture (조경관점의 녹색건축 인증기준에 대한 방향 정립)

  • Cha, Uk Jin;Nam, Jung Chil;Yang, Geon Seok
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.44 no.4
    • /
    • pp.45-56
    • /
    • 2016
  • In this study, an analysis has been conducted on the evaluation criteria of current G-SEED(Green Standard for Energy and Environmental Design) and on the 78 buildings, certified by G-SEED, for 3 years from November, 2012 to November, 2015. Based on the results of this analysis, four issues are driven and proposed hereinafter. Issue 1 : Nowadays, the psychological proportion of landscape architecture in building is getting greater than ever so that it shows reliable reduction of carbon dioxide. Therefore, so far as the eight kinds of buildings are concerned, the evaluation items of G-SEED must include those of landscape architecture mandatorily through its enlargement. Issue 2 : It is undesirable factor that inhibits precise evaluation on landscaping area to let other areas appraise landscape architecture because it requires outstanding professionalism. So, G-SEED should not only ensure landscaping professionalism for the correct evaluation but also let landscape area participate in assessing other areas. Issue 3 : Many previous researches turned out that landscape planting technique has excellent effect on saving energy and reducing temperature of buildings. Thus, landscape planting technique of landscape area is required to be one of the evaluation items of energy sector. Issue 4 : Tree management also has to be newly included as one of the evaluation factor for the maintenance relating to the landscape architecture. G-SEED, enacted and enforced by the Green Building Creation Support Act in 2013, surely is effective system to reduce carbon dioxide in buildings. This is a special Act in its nature that is superior to Construction Law and must be observed by all means to construct buildings. Under the umbrella of this legal system, various of researches and products are contributing to creating new jobs in construction area. However, it is a well-known fact that landscape architecture area has shown less interest on this Act than that of construction area. In conclusion, it is necessary that landscape industry should conduct continuous researches on G-SEED and pay more attention to the Act enough to harvest related products and enlarge its work area.

A Measure of Improvement of the Shell Egg Grading System (계란등급제 개선방안에 관한 연구)

  • Kim, Dong Jin;Lim, Sung Soo
    • Korean Journal of Poultry Science
    • /
    • v.42 no.3
    • /
    • pp.223-230
    • /
    • 2015
  • Eggs are an important source of protein for the human diet. Consumers want fresher, more delicious and more sanitary eggs. In Korea, the Shell Egg Grading system (EGS) was employed in 2001. The portion of graded shell eggs has increased every year, but graded shell eggs account for only 6% of all eggs. The EGS should satisfy producers, distributors and consumers. However, the EGS does not have an official function because of many problems. Consumers cannot select various graded shell eggs in the market, and producers do not receive enough profit even though they produce top-quality graded shell eggs. There are few studies on the EGS, Therefore, this study was performed to improve the EGS. We surveyed the EGS, GP Centers and farmers. Large companies (farmers) are more satisfied than small companies with the EGS. There was a high tendency for the companies (farmers) that are not involved with the EGS to think that graded and ungraded shell eggs are similar, in contrast to the companies (farmers) connected to the EGS. We should have to change the grading system of grade shell eggs, establish of the cold chain system, change of the law for the school meals, minimize payment for the grading shell eggs for developing EGS. Based on this study, the egg industry can benefit through the improvement of the EGS.

A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.337-366
    • /
    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

Korean Style System Model of Financial ADR (한국형 금융ADR의 제도모델)

  • Seo, Hee-Sok
    • Journal of Legislation Research
    • /
    • no.44
    • /
    • pp.343-386
    • /
    • 2013
  • "Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.419-454
    • /
    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

Demand for the Radiological Technologist Independent Act for the Performance of the Duties of a Radiological Technologist (방사선사 직무수행을 위한 방사선사 단독법 제정에 대한 요구도)

  • Kim, Eun-Hye;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Moon, Young-Ju;Kim, Hoon;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Cho, Pyong-Kon;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
    • /
    • v.44 no.5
    • /
    • pp.525-534
    • /
    • 2021
  • In order to provide high-quality medical services to the public and contribute to the improvement of public health, it is necessary to enact an independent law according to the work of radiological technologists. Therefore, this study intends to review the regulations related to radiographers in the Medical Service Technologists, etc. Act. and to present opinions and directions for enactment of individual laws for radiological technologists. An online survey was conducted to 15,000 radiological technologists working in medical institutions and education sites in Korea; 1,027 people (6.85%) responded. The questionnaire consisted of 3 questions on demographic characteristics, 5 questions on the scope of work, and 12 questions on the revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological Technologist Independent Act. Reliability and factor analysis were performed on 9 questions measured on a Likert 5-point scale in "Revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological echnologist Independent Act" among the questionnaire items. Reliability for the total 9 questions was Chronbach α=0.728. There was a high perception that the regulations related to radiological technologists were insufficient in the current Medical Service Technologists, etc. Act., and the perception that examinations performed by radiological technologists at medical institutions were included in medical practice was high. If the Radiological Technologist Independent Act is enforced, a high percentage of respondents said that they could receive legal protection through the institutionalization of the scope of work, that the status of radiological technologists would be improved, and the scope of work would be expanded. The response that the scope of work of radiological technologists should be included was the highest at 96.6%. In the analysis according to demographic characteristics, it was found that 96.7% of the respondents were agreed regardless of the factors. Radiological technologists will have to work hard to secure the public health by coping with new radiology devices, procedures and treatment methods. Therefore, as the results of this study, it is expected that the enactment and implementation of the Radiological Technologist Independent Act will contribute to the improvement of the quality of treatment for patients and to the public health.

Study on the Legal Policy for Restitution of Illegally Exported Cultural Properties in Foreign Countries (해외 소재 불법 문화재의 환수를 위한 법정책적 연구)

  • Song, Ho-Young
    • Korean Journal of Heritage: History & Science
    • /
    • v.48 no.4
    • /
    • pp.24-43
    • /
    • 2015
  • Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

A Study on Social Security Platform and Non-face-to-face Care (사회보장플랫폼과 비대면 돌봄에 관한 고찰)

  • Jang, Bong-Seok;Kim, Young-mun;Kim, Yun-Duck
    • Journal of the Korea Convergence Society
    • /
    • v.11 no.12
    • /
    • pp.329-341
    • /
    • 2020
  • As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.

Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
    • /
    • no.55
    • /
    • pp.137-166
    • /
    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.