• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.21 no.6
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• pp.284-298
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• 2022

It is necessary to acquire information on traffic safety facilities installed on the roadways specifically for the operation of autonomous vehicles. The purpose of this study is to prepare a Korean version of an integrated message-set design as a way to provide to autonomous vehicles standardized information on traffic safety facilities. In this study, necessary facilities are classified according to four criteria (no legal basis; not providing information to autonomous vehicles; providing duplicate information; not standardized, and too difficult to generalize) based on information that must be provided to operate autonomous vehicles. The priority of information delivery (gross negligence followed by behavior change) was classified according to the importance of the information to be provided during autonomous driving, and the form was defined for the classification code in the information delivered. Finally, the information location and delivery method of traffic facilities for compliance with SAE J2735 were identified. This study is meaningful in that it provides a plan for roadway operations by suggesting a method for providing information to autonomously driven vehicles.

• Analyses & Alternatives
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• v.3 no.1
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• pp.93-133
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• 2019

Throughout history, there are three clues of dualistic structures for the development of Hong Kong's nativism. First, inward attribution and outward lookingare two paths to the formation of Hong Kong's nativism. In the dualistic framework of "self-others", nativism is formed. The formation path of "outward looking"can be seen everywhere in the construction history of Hong Kong's nativism. It is under the reflection of "two mirrors" with Britain and Chinese mainland that Hong Kong people acquire the concept of "Hong Kong's nativism". Second, there are two aspects of Hong Kong's nativism: economic and cultural aspect and political aspect. With the gradual development of Hong Kong's history, these two aspects come into being and are closely bound up, thus constituting Hong Kong's nativism today. The third clue is the most critical one. The subjectivity of colonization and decolonization are two different forms of Hong Kong people's subjectivity. These three clues run through the whole process of the construction of Hong Kong nativism, and are carried out in three stages of development: "Origin (1960s-1970s): Preliminary Construction of Hong Kong's Nativism", "Development of Hong Kong's Nativism (1980s-1997): Awakening of Political Aspect" and "Formation and Alienation of Hong Kong's Nativism (1997-present): Deformed "decolonization". Along the evolution of Hong Kong's nativism, with the disintegration of colonialism, Hong Kong people have gradually transited from the subjectivity of colonization to the subjectivity of decolonization, but the process of "decolonization" has not been completed up to now.When nativism loses its native complex from the perspective of "inherent in China", and further develops into the "separatism" of anti-constitutional system and anti-national continuity and unity, it will challenge the stability of the relationship between the central government and the Special Administrative Region under the "one country, two systems". At the same time, it will have a greater impact on the political structure and the rule of law system of Hong Kong, and trigger a series of public law problems that need to be solved urgently. In this regard, on the one hand, we should re-clarify the relationship between the central government and the region under the "one country, two systems" in light of the new situation of democratic political development in Hong Kong, and improve Hong Kong's governance mechanism on the basis of the constitution and the basic law; on the other hand, we should actively learn from the German defensive democracy system to systematically interpret, integrate and apply Hong Kong's existing legal resources so as to effectively curb the development of local separatist forces.

• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that 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 surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Journal of architectural history
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• v.32 no.3
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• pp.7-20
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• 2023

The compositions of ethnic groups in Macau vary with time. Prior to the opening of the port, the majority of the residents in Macau were Chinese people, including those living on land and at sea. After the port was opened, with the increase of Portugal businessmen and missionaries, the population was divided into Chinese people and foreigners (so-called 'Yiren' or 夷人 in Chinese). Chinese people living on land were mainly of Hakka, Fujian, and Cantonese descent. Those living at sea were referred to as 'Tanka People' (named 'Danmin' or 蜑民in Chinese). They lived on floating boats for their entire lives and were similar to the 'drifters' in Japan. Since modern times, many refugees from mainland China and Southeast Asia flooded into Macau due to warfare. The development of industrialization required a larger number of laborers, and some 'coolies' entered Macau in legal or illegal ways, making it a multi-ethnic city. However, the Tanka people were not considered a minority ethnic group under the national ethnic policy of 56 ethnic groups since they did not have an exclusive language and shared dialects in different regions. As the ports inhabited by Tanka people gradually restored foreign trade, the boats and stilt houses used by Tanka people were dismantled to expand the infrastructure area of the ports. Many Tanka people began to live on land and marry people on land, leading to the disappearance of the Tanka group in Macau. The fishing boats and stilt houses used by Tanka people have also disappeared, with only a few remaining in areas such as Pearl River Delta and Hong Kong. This paper examines the natural and social environment of Tanka people in Macau from the Ming and Qing dynasties to the Republic of China, as well as the adaptive changes they adopted for the aforementioned environment in terms of living space and architectural type, on the basis of summarizing the historical activities of Tanka people. Finally, this study provides a layout plan and interior structure of the most commonly used boat for Tanka people from the Ming and Qing dynasties to the Republic of China, with the use of CAD and other technical software, along with reference to written historical documentation, and provides a case study for further research on the architectural history of Macau's inner harbor cities, from anthropological and folklore perspectives.

• Journal of Digital Convergence
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• v.21 no.3
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• pp.49-62
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• 2023

Due to social and cultural changes and the growth of aging people living as a single because of aging, lonely deaths are steadily increasing, and each local government has begun to define them as a social problem. The legal basis began to be established. In order to explore policy measures to prevent lonely deaths, this study examined cases of lonely death prevention policies using smart digital information technology (AI, IOT), which is being promoted by Daegu Metropolitan City to promote non-face-to-face policies to prevent lonely deaths. Policies related to lonely deaths are divided into two axes: lonely death prevention projects and post-excavation support projects. In order to operate these businesses efficiently, the provision of non-face-to-face services through artificial intelligence and the Internet of Things is recognized as a new service delivery system, so the importance and necessity of non-face-to-face services is increasing. It is time that multifaceted changes and preparations are needed, such as establishing a system to expand the non-face-to-face industry at the national level. In order to respond to another national disaster situation in the future, the non-face-to-face smart care system is being expanded in various welfare policies such as preventing lonely deaths. It will have to be activated.

• Journal of Korean Public Health Nursing
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• v.9 no.1
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• pp.83-102
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• 1995

As the society is being industrialized, the fast-paced economic development that has caused substantial increase in cerebrovascular and coronary artery diseases and the industrial development and increased use of means of transportation have resulted in the rapid rise of incidents in external injuries as well. So the pubic has become acutely aware of the need for fast and effective emergency care delivery system. The goal of emergency care delivery system is to meet the emergency care needs of patients. The emergency care delivery system is seeking to efficiently satisfy the care needs of people. Therefore the purpose of this study is designed to develop an effective programs for emergency care delivery system in Korea. The following specific objectives were investigated. This emergency care delivery system must have the necessary man power, for transfering the patients, communication net work, and emergency care facilities. 1) Man power Emergency care requires n0t only specialized traning in the emergency treatment but also knowledge and experience i11 other related area, so emergency care personnel traning program should be designed in order to adapt to the specific need of emergency patients. It will be necessary to ensure professional personnel who aquires the sufficient traning and experience for emergency care and to look for legal basis. We have to develop re-educational programs for emergency nurse specialist. They should be received speciality of emergency nursing care so that they will work actively and positively in emergency part. Emergency medical doctor and nurse specialist should be given an education which is related in emergency and critical care. Emergency care personnel will continue to provide both acute and continuing care as partner with other medical team. 2) Transfering the patients. Successful management of pre-hospital care requires adequate traning for the emergency medical technician. Traning program should be required to participate in a actual first aids activites in order to have apportunities to acquire practical skills as well as theoretical knowledge. The system of emergency medical technician should be remarkablly successful with first responder firefighters. Establishing this system must add necessary ambulances operating at any given time. It will be necessary to standardize the ambulance size and equipment. Ambulance should be arranged with each and every fire station. 3) Communication net work. The head office of emergency commumication network should be arranged with the head office of fire station in community. It is proposed that Hot-line system for emergency care should be introduce. High controlled ambulance and thirtial emergency center should simultaneously equip critical-line in order to communication with each other. Ordinary ambulance and secondary emergency facility should also simultaneously equip emergency-line in order to communication with each other. 4) Emergency care facilities. Primary emergency care facilities should be covered with the ambulatory emergency patients-minor illness and injuires. Secondary emergency care facilities should be covered with the emergency admission patients. Third emergency care center should be covered with the critical patients who need special treatments and operation. Secondary and third emergency care facilities should employ emergency medical doctor and emergency nurse specialist to treat in-patients with severe and acute illness and multiple injuires. It should be fashioned for a system of emergency facilities that meets emergency patients needs. Provide incentives for increased number of emergency care facilities with traning in personal/clinical emergency care. 5) Finance It is recommended to put the finance of a emergency care on a firm basis. The emergency care delivery system should be managed by the government or accreditted organizations. In order to facilitate this relevant program the fund is needed for more efficient and effective emergency researchs, service, programs, and policy. 6) Gaining understanding and co-operation of pubic It is also important to undertake pubic education to improve understanding of first aids and C. P. R of individuals, communities and business. It is proposed that teachers and health officers be certified in C. P. R. The C. P. R education can be powerful influence save lives. Lastly appropriate emergency care information must be provided to the pubic for assisting them in choosing emergency care.

• Korean Security Journal
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• no.22
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• pp.113-144
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• 2010

Bioterrorism is becoming more attractive to terrorist groups owing to the dramatic increase in the utility and lethality of biological weapons in line with today's cutting-edge biological science and technology. The Republic of Korea is facing both internal and external terrorist threats, as well as the possible biological warfare by North Korea. Therefore, it is essential to establish an effective bioterrorism response system in the ROK. In order to come up with the adequate response system for the ROK, an in-depth study has been conducted on the current bioterrorism response system of the U.S. whose preparedness is considered relatively adamant. As a result, the following facts have been found: (1)the legislation with regard to bioterrorism has been established or amended according to the current situation in the U.S., (2)the counter terrorism activities have been integrated with the Department of the Homeland Security as the central agency in order to maximize the national CT capacity, (3)Specific procedures and instructions to cope with bioterrorism have been made into manuals so as to enhance the working-level response capabilities. Next, the analysis on the ROK's bioterrorism response system has been performed in various categories, including the legislation system, task role distribution, cooperative relations, and resource application. It turned out that the ROK's legislation basis is relatively weak and it lacks the apparatus to integrate the bioterrorism response activities on the national level. The shortage of the adequate response facilities and resources, as well as the poor management of manpower have also emerged as problems that hinder the effective CT implementations. Through an analytical and comparative study of the U.S. and the ROK systems, this paper presents several ways to ameliorate improve the current system in the ROK as follows: (1)establish the anti-terrorism law, which would be the basic legal basis for the bioterrorism-related matters; and make revisions to the disaster-related legislation, relevant to bioterrorism response activities, (2)establish an integrated body that has a powerful authority to coordinate the relevant CT agencies; and converge the decentralized functions to maximize the overall response capacity, (3)install the laboratories with a high biosafety level and secure enough of the strategic medical stock-pile, (4)enhance the ability of the inexperienced response personnel by providing with a manual that has detailed instructions.

• Korean Journal of Occupational Health Nursing
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• v.6 no.1
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• pp.23-43
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• 1997

The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.