• Title/Summary/Keyword: legal basis

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A Study on Systematic Management of Civilian Forces for Efficient Search and Rescue Mission in the Ocean (수난구호 업무의 효율화를 위한 민간해양구조세력의 체계적 관리에 관한 연구)

  • Soon, Gil-Tae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.4
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    • pp.409-420
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    • 2015
  • In this study, I researched, analysed and compared the examples of civilian maritime search and rescue auxiliaries of world leading countries' such as Japan and America, and the Korean volunteer fire fighting team. Through this, I suggest that the decentralized civilian maritime search and rescue forces of Maritime Rescue and Salvage Association and KCG Civilian Auxiliary should be united into unified search and rescue system and establish legal basis for stabilized support and development. It seem that we should organize laws and regulations for the government to have centralized control of rescue mission as in the cases of America and Canada and elivate rescue mission capability with systemized education and training entrusted to specialized external training organization. I proposed to establish financial support such as fund for the stabilized status of civilian auxiliary, domestic and overseas training session for the civilian auxiliary to inspire integrity and sense of duty as a part of maritime search and rescue forces.

A Study on Searching for Reduction of Women EMTs's Stress (여성 구급대원의 현장 스트레스 경감방안 모색에 관한 연구)

  • Kong, Ha-Sung;Lee, Ranny;Lee, Seong-Chul
    • Journal of the Korea Safety Management & Science
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    • v.15 no.4
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    • pp.113-121
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    • 2013
  • The rate that women's EMTs(emergency medical technicians) in fire department occupy is increasing, but my general plan is aimed at suggesting the improving plan for the working environment of women's EMTs paying attention to the duty stresses of increasing women's EMTs, because improvement for the working environment of women's EMTs is being proceeded slowly. I suggested my improving plan for solving the working stress on the basis of a survey of the Recognition against women's EMTs as follows. Firstly, I suggested that physical strength of women's EMTs should be managed well continually via program establishment and a defined evaluation not only by employing a professional person in charge for physical strength in firehouse, but also by replenishing the suitable number for the urgent mobilization. Secondly, I suggested that the suitable number for the urgent mobilization should be increased to 3 including an ambulance driver. Thirdly, I suggested necessity such as the fruitful education and the creation of circumstances that can focus on education for improving participation rate, development of various new educational program, incentive program and penalty. finally, I suggested the fact that is related to the actual re-amendment of the concerned law and ordinance such as not only the smooth treatment of penalty for a traffic signal violation of ambulance and the legal remedy system due to aggravation of a patient's condition during a first-aid course, but also workshop and meeting among the periodical EMTs and administration of special therapy program and sufficient recess.

Current State and Characteristics of Military Survey in Developed Countries: Focused on the Surveys of United States, Australia, and Canada (주요 선진국의 군 건강관련 조사 실태 및 특성: 미국, 호주, 캐나다를 중심으로)

  • Kim, Mi-Sun;Sohn, Minsung;Choi, Mankyu
    • Journal of Digital Convergence
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    • v.11 no.12
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    • pp.537-549
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    • 2013
  • This study examines implications for the Korean military health survey from literature review on foreign military health surveys. The authors discuss backgrounds, objectives, participants, methods, contents, organizations involved, and cycles of foreign military health surveys from literature review from peer-reviewed journals as well as reports and documents collected from web-sites of governmental organizations. Common and distinguishing characteristics were found from foreign military health surveys. First, the military health surveys have evolved in phases in the direction of reducing health risk factors. Second, the importance of mental health is being emphasized. Third, cooperations and collaborations of governments, universities, and professional agencies are important in order to ensure anonymity and expertise on data collection and analysis. Finally, health surveys are conducted on a regular basis through institutionalization. To monitor and to promote health of military personnel, it is critical for Korea to establish the legal and institutional environment and to recognize the importance as well as the need of military health surveys at the national level.

Deduction of the Policy Issues for Activating the Geo-Spatial Big Data Services (공간 빅데이터 서비스 활성화를 위한 정책과제 도출)

  • Park, Joon Min;Lee, Myeong Ho;Shin, Dong Bin;Ahn, Jong Wook
    • Spatial Information Research
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    • v.23 no.6
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    • pp.19-29
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    • 2015
  • This study was conducted with the purpose of suggesting the improvement plan of political for activating the Geo-Spatial Big Data Services. To this end, we were review the previous research for Geo-Spatial Big Data and analysis domestic and foreign Geo-Spatial Big Data propulsion system and policy enforcement situation. As a result, we have deduced the problem of insufficient policy of reaction for future Geo-Spatial Big Data, personal information protection and political basis service activation, relevant technology and policy, system for Geo-Spatial Big Data application and establishment, low leveled open government data and sharing system. In succession, we set up a policy direction for solving derived problems and deducted 5 policy issues : setting up a Geo-Spatial Big Data system, improving relevant legal system, developing technic related to Geo-Spatial Big Data, promoting business supporting Geo-Spatial Big Data, creating a convergence sharing system about public DB.

The Revision Guideline of Interim Measures of Protection under UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL 모델중재법상 임시적 보호처분의 개정방향)

  • Lee Kang-Bin
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.73-106
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    • 2004
  • The UNCITRAL Arbitration Working Group began its deliberations on the topic of interim measures of protection at its thirty-second session (Vienna, 21-30 March 2000), when the Working Group expressed general support for a legal regime governing enforcement of interim measures of protection ordered by the arbitral tribunal. Also the Working Group took a preliminary analysis of whether there was a need for a uniform rule on court-ordered interim measures of protection in support of arbitration. The Working Group agreed, at its thirty-third session (Vienna, 20 November-1 December 2000), that the proposed new article to the UNCITRAL Model Law on International Commercial Arbitration on enforcement of interim measures of protection (tentatively numbered article 17 bis) should include an obligation on courts to enforce interim measures if prescribed conditions were met. At its thirty-fourth session (New York, 21 May-1 Jun 2001), in addition to continuing its review of draft article 17 bis, the Working Group proceeded to consider a text revising article 17 of the UNCITRAL Model Law, which defined the scope of an arbitral tribunal's power to order interim measures and included an additional provision on the granting of interim measures on an ex parte basis. Discussions in relation to revised drafts of article 17 and 17 bis of the UNCITRAL Model Law have continued at the fortieth session ( New York, 23-27 February 2004). Article 17 of the UNCITRAL Model Law provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. However it may be noted that the article does not deal with enforcement of such measures.

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Settlement Promotion of Commercial Disputes through the Arbitration Agreement (중재협정을 통한 상사분쟁의 해결촉진)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.27-47
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    • 2010
  • It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

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Trade Practice of Surrender Bill of Lading and Prevention of Its Disputes (권리포기 선화증권의 실무관행과 분쟁예방)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.183-203
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    • 2017
  • Two solution approaches have been suggested globally to solve the crisis of bill of lading; that is to say, electronic bill of lading and sea waybill. Electronic bill of lading is not unsettled as a solution to solve the crisis of bill of lading but sea waybill is used on a global basis to do so. The surrendered bill of lading is applied for practical usage instead of sea waybill in a short voyage among Korea, China, and Japan, owing to faster delivery at destination and lower cost than bill of lading. To surrender the original bill of lading, the consignor should submit all originals with a request letter to the carrier of goods with necessary surrender charges, if any, in doing so. Once after receiving the original bills of lading consisting of normally three originals but in some cases five, the carrier stamped "Surrendered" on the front of original bills of lading and sent a message to his counterpart at the port of destination, stating that the original bill of lading surrendered at the port of shipment and the consignee can take delivery of the goods without production of the original bill of lading at destination. The legal regime of the surrendered bill of lading is not settled as it is not considered legally as bill of lading, and the decisions rendered by each nation's courts are different according to the usages of the surrendered bill of lading. The purpose of this paper is to prevent the disputes between parties with regard to the surrendered bill of lading by studying the causes and precautions of disputes in relation to the surrendered bill of lading.

A Case Study on the Denial of Recognition and the Enforcement of Foreign Arbitration Award in China (외국중재판정의 승인 및 집행거부와 관련한 중국법원의 사례연구)

  • Lu, Ying-Chun;Ha, Choong-Lyong;Han, Na-Hee
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.69-90
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    • 2020
  • The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

A Study on the necessity of development for the Curriculum related to Marine Transportation of Radioactive waste (방사성폐기물 해상운송과 관련된 교육과정 개발의 필요성에 대한 연구)

  • KIM, Jin-kwon;HONG, Jeong-Hyuk;KIM, Won-Wook;KIM, Jong-Kwan;LEE, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.3
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    • pp.920-931
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    • 2017
  • Since the export of Korean-type APR 1400 in 2009 to the UAE, Korea has been achieved management performance, quality inspections, training, nuclear fuel exports for the nuclear power plant. Despite this apparent growth, there are lacking of the research on the marine transportation of radioactive waste. And the terrible accident at the Japan nuclear power plant in 2011 has caused another reconsideration such as emergency response training and plan, reinforcement of safety regulation. According to the Korean government aims to rebuild the appropriate regulation, training, education that is necessary in order to ensure the safety of marine transportation of radioactive waste. Therefore, this study analyzed the various problems identified by the team of experts for the radioactive waste and marine field, the investigation of relevant legal basis, the need for emergency response training for the person in charge of radioactive waste and suggested the simulation-based interactive curriculum during the process of safety verification related to the marine transport of mid- and low-level radioactive waste generated at the Yeon-ggwang nuclear power(Hanbit) plant in 2015.

The National Highway, Expressway Tunnel Video Incident Detection System performance analysis and reflect attributes for double deck tunnel in great depth underground space (국도, 고속국도 터널 영상유고감지시스템 성능분석 및 대심도 복층터널 특성반영 방안)

  • Kim, Tae-Bok
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.20 no.7
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    • pp.1325-1334
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    • 2016
  • The video incident detection System is a probe for rapid detecting the walker, falling, stopped, backwards, smoke situation in tunnel. Recently, the importance is increases from the downtown double deck tunnel in great depth underground space[1], but the legal basis is weak and the vulnerable situation experimental data. So, In this paper, we introduce a long-term log data analysis information in the tunnenl video incident detection system installed and experimental results in order to verify the feasibility of apply to video incident detection system for the double deck tunnel. It is proposed a few things about derives the problem of existing video incident detection system, improvements and reflect attributes for double deck tunnel. The contents described in this paper will contribute to refine the prototype of video incident detection system will apply to future double deck multi-layer tunnels.