• Title/Summary/Keyword: legal basis

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A Study on the Status of Ordinances Related to the Private Records (민간기록물관리에 관한 조례 현황 연구)

  • Lee, Jung-eun;Kim, You-kyung;Kim, Geon
    • The Korean Journal of Archival Studies
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    • no.64
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    • pp.119-155
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    • 2020
  • The records management system in Korea has a short history of about 20 years. However, the system is relatively stable. This compressed development has been mainly in public records. This is because the laws and regulations related to private records management were insufficient. Fortunately, Two local permanent records management institutions have recently been established. Therefore, interest in the management of local records has been growing. The Management of private records is an important part of the management of local records. The collection of private records is based on ordinances established by local governments. This study aims to analyze the ordinances of local governments, which are the legal basis for the collection and management of private records. The subject of analysis is the ordinance related to the management of private records that are currently established in Korea. The progress of the study analyzed the current state of the ordinance, the background of the ordinance, and the contents of the ordinance regarding the management of private records. The results of this study can be used as basic research for reference in the enactment of the ordinances related to the management of private records in the future since the ordinances for collecting and managing private records in Korea targets.

Analysis of Questions and Answers Posted on the Internet Blogs about Prenatal Genetic Diagnosis and Screening (블로그를 통해 본 산전 기형아 검사와 양수검사에 대한 질문과 댓글 분석)

  • Jun, Myunghee;Shin, Gyeyoung;Choi, Kyung Sook
    • The Journal of the Korea Contents Association
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    • v.15 no.3
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    • pp.252-264
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    • 2015
  • The purpose of this study was to identify pregnant women's needs for information on prenatal genetic diagnosis and screening. This study is consisted of two phases. In the first phase in December 2011, six blogs featuring questions and answers on prenatal genetic diagnosis and screening were selected from four major search engines in Korea by using the keywords "prenatal genetic diagnosis," "prenatal genetic screening", and "amniocentesis." An analyzing framework was constructed on the basis of 389 posts on six blogs between November 2006 and October 2011. In the second phase, the contents of the "MomsHolicbaby" blog posted from November 2010 to October 2011 were reviewed. Then, pregnant women's questions on prenatal genetic diagnosis and screening (100 questions) and amniocentesis (200 questions with 1,665 answers) were analyzed using descriptive statistics. Among posters who had ever been recommended to undergo amniocentesis, 56.5% described feelings of anxiety, 25.5% did not know the purpose of the test, and 33.9% refused to undergo the test. Among 295 posters answering questions about amniocentesis, 61.4% disagreed with undergoing the test. The results show that there is a need for healthcare professionals to provide more educational and emotional support to pregnant women considering prenatal genetic diagnosis and screening. Providing online health information can be integrated into prenatal genetic education for pregnant women as well as nurses. In addition, prenatal women's preferences about undergoing amniocentesis should be reflected in the current legal discussion on criteria for termination of pregnancy.

A Study on the Development of Land Suitability Analysis System using GSIS in the Landuse Planning (토지이용계획에 있어 GSIS를 이용한 적지분석시스템 개발에 관한 연구)

  • Lim, Seong-Hyeon;Cho, Gi-Sung
    • Journal of Korean Society for Geospatial Information Science
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    • v.3 no.2 s.6
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    • pp.43-61
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    • 1995
  • The national land use plan that targets the whole national land and all kinds of urban plans that targets a city or a part of city must be performed continuously now and after that. Therefore, the importance of land use plan, that is included in those plans, is very big and crucial. This study scrutinizes the detail zoning land suitability analysis which bases on urban basis plan and the GSIS application plan about allocation, applied various basic theory which is arranged in that course to study area, and try to develop the land use suitability analysis system, a application system The programing language used in system development is the AML of ARC/INFO. On this study, the results divide into four parts. First, we develop the land use suitability analysis system and can simplify and automatize a complicated analysis course and this system will be more useful to the land use suitability analysis. Second, the analysis range is expanded, considering the circumstance environmental factor of planning area outside. So we can implement more comprehensive analysis. Third, we apply a precedency conception and a legal restrictive element that base on urban characteristics and urban space structure theory to this study, develop a computerized method about distributive method, and can allocate the detail zone in the various ways. Finally, the next studies that can clear the detail zone suitability criteria and the correlation of the relationship of materials are essential to improve the accuracy and confidence in this analysis.

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A Study on Establishment and Operation of International Arbitration Center within Incheon Free Economic Zone (인천경제자유구역 국제중재센터 설립 및 운영방안)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.121-145
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    • 2008
  • Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

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A Study on the Liability of Air Carrier for Damages of the Third Parties (지상제삼자(地上第三者)의 손해(損害)에 대한 공중운송인(空中運送人)의 책임(責任)에 관한 고찰(考察))

  • Park, Heon-Mok
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.163-191
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    • 1989
  • The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

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A Study on the Mediation and Arbitration of Lease Dispute (임대차 분쟁의 조정과 중재에 관한 연구)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.119-136
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    • 2015
  • The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

An Analytical Study on Differences between the Types of Disputes in Food Service Franchises and the Relevant Corporate Information (외식 프랜차이징 분쟁 유형과 기업정보 간의 차이분석 연구)

  • Kang, Seok-Woo;Rha, Young-Ah
    • Culinary science and hospitality research
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    • v.19 no.5
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    • pp.264-279
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    • 2013
  • This study aimed to analyze the differences between the types of disputes in food service franchises and the relevant corporate information. For this aim, the types of disputes were analyzed on the basis of the cases reported by the Korea Fair Trade Commission, and whether there are any differences from the relevant corporate information was analyzed using SPSS WIN(V.17.0). According to analysis results, the most often seen types of disputes were failure to provide the information disclosure sheet (58.5%) and failure to deposit franchising fee (15.1%). In Kruskal-Wallis test between the type of disputes and related corporate information variables, significant difference was found under significance level p<.05 for sales volume, the establishment period and the number of franchisees, and under p<.1 for the number of full-time employees. In correlation coefficient, the establishment period, the number of full-time employees and the number of franchisees showed positive correlation(p<.05), and the number of full-time employees showed correlation in the number of franchisees and the number of brands under the significance level p<.05. As a solution for the dispute, there should be franchisors' responsibility to comply with the principle of good faith, the authorities' strengthening exemplary transaction criteria and legal systems, as well as experts' consulting for prospective franchisees prior to establishing business.

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A Selection of Building Registration Method to Construct the Three Dimensional Information Cadastral Map (3차원정보지적도 모형 구축을 위한 건물등록 방법 선정)

  • Yang In Tae;Oh Yi Kyun;Yu Young Geol;Chun Gi Sun
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.22 no.3
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    • pp.245-251
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    • 2004
  • Recently, in a field of cadastre, a computerization of cadastral map is in progress with great growth of GSIS field. Also, the needs fer the integration of land and building information are widely increasing for integral-management and its application of various land related information. Through a revision of cadastral laws to replace the existing 2D-Cadastre with the 3D-Cadastre, a legal basis to register the position of buildings and facilities is prepared in the governmental or civil fields. This paper presented 3D-Cadastre theory that has been studied on Europe and surveyed building position directly with Totalstation at cadastral control point after choosing pilot test area, Also, the most efficient surveying method of registering building in a cadastral map is presented with comparing and analyzing building position after surveying digital orthophoto and digital map. And it is constructed a 3D information cadastral map model that can make the integral management of land, building, connecting land recorders, building management ledgers, building titles, building pictures, and related attribute information.

A Study on Factors Related to the Practice of Breast-feeding (모유수유 실천과 관련 요인)

  • 박천만
    • Korean Journal of Health Education and Promotion
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    • v.19 no.2
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    • pp.23-43
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    • 2002
  • Purpose: The purpose of this study is to examine and analyse factors related to the actual status and practice of breast-feeding during an infant period to grasp elements detrimental to breast-feeding and, therefore, provide basic information useful for its effective practice and encouragement. Method: From April 1 to June 30, 2001, this study was carried out with the mothers of 337 who were 6 months old, as of the surveyed date, of infants born in 2002 and registered in Seongju-gun Public Health Center, Gyeongsangbug-do Province. The method for its survey included both of the visiting and telephone interviews, and questions were mainly about the mothers' general characteristics(3 questions), infants' general characteristics(3 questions), environmental characteristics of infant delivery( 4 questions), support to breast-feeding(4 questions), understanding of breast-feeding(5 questions), and feeding type during the 1 to 6-month period after birth. Result: 1. The feeding type during the I-month period after birth showed that the breast-feeding accounted for 42.4%, which was higher than dry milk-feeding(30%) or mixed milk-feeding(26.8%). However, it began to be lower than the dry milk-feeding from the 2-month period after birth. During the 6-month period, the breast-feeding accounted for 28.6% which was lower than 56.5% of the dry milk-feeding. 2. The mothers who were encouraged by their delivery clinic to and were educated to breast-feed infants accounted for 55.4% and 41.4%, respectively, which were relatively low. The understanding of breast-feeding indicated that the responses were positive from the view point of mother & infant health, but negative from mother's physical form. 3. It was shown that the lower the educational background of mother(p〈0.05) and the higher the unemployment of mother(p〈0.001), the higher the positive understanding of breast-feeding, and that the higher the entire support to breast-feeding, the more positive their understanding. 4. It was also shown that the lower the educational background of mother(p〈0.05), the higher the unemployment of mother(p〈0.001), the more the experience in breast-feeding at a delivery clinic(p〈0.01) and the faster the initial feeding(p〈0.001), the higher the rate of breast-feeding. 5. The factor having an effect on breast-feeding included a delivery clinic's encouragement to breast-feed(p〈0.001), understanding of breast-feeding(p〈0.01), father's comment on feeding method(p〈0.05) and mother's employment(p〈0.05). Discussion: In order to encourage the breast-feeding, as shown above, it is required, fist of all, to offer pregnant women an education about importance and excellence of breast-feeding and its appropriate method before delivery in advance to result in a positive comprehension of the breast-feeding. To do that, both the publicity activities and program development designed to encourage the breast-feeding must be performed in advance at the government level. In addition to that, the mother-infant space as ‘rooming-in’ available for breast-feeding immediately after delivery must be prepared on the basis of legal and administrative support. Finally, female employees' leave after childbirth must be performed for the purpose of productive welfare and circumstances also be prepared for breast-feeding, such as a children's home at work.

A Study of the Perception of Sexual Role and Sexual Harassment in Workplace (직장내 성희롱 인식에 관한 연구)

  • Kim, Young-Im;Kim, Moung-Soon;Choi, Sook-Ja;Bai, Jong-Ae
    • Research in Community and Public Health Nursing
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    • v.12 no.1
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    • pp.247-260
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    • 2001
  • The objectives of this study are first, to investigate the significant differences in the perception and attitude for sexual role of workers, second, to identify the degree of the perception of women manpower in workplace, third, to identify the perception for sexual harassment in workplace and fourth to analyze the relative important factors that effect on conception for sexual harassment. The survey data were collected by questionnaires on May 2000, and the number of subjects was 300 workers. The SAS-PC program was used for the statistical analysis such as t-test, ANOVA and regression analysis. Major results were follow as: 1. The performance rates of health education for sexual harassment was 66%, and 58.9% of the lecturer of sexual harassment education was occupational health nurse. The 45.2% of workers acquired the information for sexual harassment through massive education in workplace. 2. The perception and attitude of sexual role was relatively positive as 2.3(SD=0.69) of mean values. and the difference by sex, age, marital status. and working period was significant. 3. The perception of the women manpower in workplace was generally positive as 7.9(SD= 3.25) of mean values, and the working experience group of less 10 years and more 10 years old age group showed the significant difference in comparative to other group. 4. The perception of sexual harassment of workplace composed of legal basis, range of victim, place of sexual harassment, type of sexual harassment. misconception of sexual harassment, and coping methods of sexual harassment. Among of these perception. type and coping methods of sexual harassment were shown high perception level. The difference by sex between group for perception of sexual harassment was highly significant. 5. Factors that effect on the perception of sexual harassment was not high for the explanation power of regression, but the age, the type of task, the. perception for women manpower were important variables. Based on this results of study, we recommend that the education of sexual harassment in workplace should be strengthened and specified according to age, working period, type of working task. It also should provide various education and information to workplace. Finally and there should be continuous education opportunity systematically to occupational health nurses who are major lecturers for sexual harassment, therefore they can educate workers more effectively.

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