• Title/Summary/Keyword: legal policy

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Developing a Roadmap for National Research Data Management Governance: Based on the Analysis of United Kingdom's Case (국가 차원의 연구데이터 관리체계 구축을 위한 로드맵 제안 - 영국 사례 분석을 중심으로 -)

  • Shim, Wonsik
    • Journal of the Korean Society for Library and Information Science
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    • v.49 no.4
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    • pp.355-378
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    • 2015
  • In recent years, countries such as USA, United Kingdom and Australia have begun to implement national policies in order to systematically manage and share research data produced through publicly funded research. However, Korea as of yet does not have a coordinated research data policy. The lack of infrastructure that supports the sharing and preserving research data results in the poor management and loss of valuable data produced from significant national R&D investments. The need for research data collection, management and sharing goes beyond the outcome assessment of national research: it facilitates the diffusion of research impact and economic development. There is a growing recognition that data sharing is an essential element of research ethics. This research investigates the relevant research data policies and methods of governance at the national level using a case study analysis. United Kingdom was selected as a case study target as it shows a wide variety of policy examples and instruments. In particular, this research focuses on the UK's national legal framework for research data sharing, analyzes the RCUK (Research Councils UK)'s data policies, activities at the seven research councils under RCUK as well as several supporting institutions. Based on the analyses, this research offers a national roadmap for better managing and sharing of research data in Korea.

A Study on the Analysis of the Cooperative Operation Policy of Foreign Universities in China (중국의 외국대학 합작운영정책 특성 분석)

  • Lee, Su-Jin;Kim, Han-Na
    • Korean Journal of Comparative Education
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    • v.27 no.4
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    • pp.45-71
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    • 2017
  • This study was designed to examine the characteristics of Chinese-foreign Cooperation in Running Schools (CFCRS) to draw implications for the introduction and management of curriculum cooperation with foreign universities. For this study, relevant literatures and articles on CFCRS were collected and analyzed. This study summarized the characteristics of CFCRS from the perspectives of the running purpose, cooperation modes, and evaluation and quality management. The results show that the main characteristics of CFCRS are to promote the comprehensive development of China's higher education and cultivate talents for imminent national development by introducing the advanced educational resources and experience, to achieve the purpose of "not studying abroad" through diversified and high-quality co-operation programs, to conduct strict quality management over the introduction and operation stages, and to establish legal grounds by establishing enough relevant policies. Based on the results, this study proposes several areas of improvement such as the introduction and operation of foreign curriculum in Korea to foster global talents, enhancement of the evaluation and management of cooperation programs and institutions with foreign universities, regulation and examination of the foreign university curriculum introduction, and normalization of the curriculum operation through the policy review process and related policies.

A Comparative Study on Institutional Influence Factors of Firm's Motivation of Participating and Investing in Apprenticeship in Germany and Korea (기업의 도제훈련 참여 및 투자 동기의 제도적 영향요인: 독일-한국 비교 연구)

  • LEE, Hanbyul
    • Korean Journal of Comparative Education
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    • v.27 no.1
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    • pp.247-284
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    • 2017
  • The purpose of this study is to analyze firm's motivation of participating and investing in apprenticeship in Germany and Korea, and to investigate institutional factors influencing firm's motivation. By comparing institutional factors of the two countries, it aims to drawing out policy implications for improving Korean apprenticeship. The main method for data collection was comprehensive literature review on international organizations, each countries' government and research institutes' policy materials, statistical data, research outputs and media resources related to each countries' apprenticeship. Considering whether firm's motivation for participating and investing in apprenticeship is production-oriented or investment-oriented, Germany is more inclined to investment motivation with firm's covering net cost during apprenticeship period. On the other hand, Korea is more inclined toward production orientation with firm's expectation of gaining net profit during the training period. Why is firm's training motivation different in these two countries? The author tried to find the reason from the difference of institutional factors of the countries by dividing institutional factors into 4 categories: context(tripartite relations, legal framework), input (flexibility of the system, government incentive), process(training contents, training duration, quality assurance), and output(completion/retention rate, apprentice's productivity). The key implication from the comparative analysis of institutional factors is that it is necessary to enforce companies to have "accountability" on the minimum critical elements, but also to ensure them to have "autonomy" on the rest of the elements.

Militarization of Space and Arms Control

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.443-469
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    • 2018
  • In the sixty year since the first launch of Sputnik 1, it has become impossible to consider economic, political, or scientific human life in the communication field without reference to outer space. But, there is a growing groundswell of public opinion aimed at preventing arms race in space. Therefore it is necessary to establish some institution or mechanism such a code of conduct, international law. But every nation has a different posture on the grounds of national interest, or different levels of space development, the conditions required for the successful negotiation of a comprehensive treaty are not yet ripe. It is hoped that by beginning with soft measures (TCBM, Code of Conduct) for which it is easier to secure voluntary participation it may be possible to build up to a comprehensive treaty. The participation of the Space powers (US, Russia, China) in a dialogue of mutual exchange and shared information would contribute to international peace and give a long term benefit to humankind. It is also necessary to promote partnership through regional and bilateral cooperation. We should guide and shape opinion so that more nations ratify and sign existing international legal covenants in order to contribute to the efficency of Space law. International law needs to enforce PAROS and Space Security.

The Concrete Classification and Registration for sUAS (현행 법률상 비사업용 소형무인비행장치 신고 및 식별표시의무 강화 규정 도입의 필요성)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.125-157
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    • 2019
  • Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.

A Review of Improvements for Providing Safe and Secure Environments for Medical Treatment (안전한 진료환경 구축을 위한 정책 개선과제)

  • Choe, A Reum;Kim, Sung Eun;Baek, Kyoung Hee
    • Health Policy and Management
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    • v.29 no.2
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    • pp.105-111
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    • 2019
  • On December 31, 2018, an incident occurred where a doctor was attacked and killed by a patient carrying a lethal weapon in the outpatients' clinic of the psychiatric department of a tertiary general hospital. The suspect was diagnosed with bipolar affective disorder (manic depressive disorder) and has been hospitalized and cared for in the psychiatric ward of this hospital. This incident illustrates the necessity of more active cures and therapeutic intervention for mental patients with intellectual developmental disorders who require treatment considering the fact that a radical outcome has been caused by such a patient. However, on the other hand, there is also a need for an approach and analysis from the perspective of crime prevention for all medical departments. The reason for this is that even a tertiary general hospital equipped with the largest human resources, medical devices, facilities, and so forth, is susceptible to violence. As for illegal actions perpetrated against health and medical service personnel in medical institutions, such as verbal abuse, assault, injury, etc. there have neither been understanding shown for the current extent of damage in detail, nor discussions of active institutional improvement related to the seriousness of the act. It can be said that violence in the field of medical treatment is a realm requiring serious discussion and appropriate remedial actions. This is because when such incidents take place, if a patient who is supposed to get treatment from the damaged health care provider is in an urgent situation or on the waiting list of serious cases, he or she could suffer serious damage caused by deprivation of treatment opportunity, or secondary damage might be caused to the patient and/or a guardian who can hardly have an opportunity to take action. Accordingly, in this review, we would like to help create the necessary conditions for both health and medical service personnel and patients/guardians, respectively, to provide and receive medical treatment in a more secure environment. Therefore, objective assessment of the institution and issues relating to this aforementioned incident and general cases of violence occurring in medical institutions, and by suggesting legal and institutional improvements and solutions.

The Ming Castle Conservation Policy and the Creation of Historical and Cultural Environments (중국 '난징(南京) 명성곽(明城郭)'의 보존정책과 역사문화환경 조성)

  • Ryu, Ho Cheol
    • Korean Journal of Heritage: History & Science
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    • v.46 no.1
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    • pp.346-361
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    • 2013
  • Since the Ming Castle located in Nanjing was designated by the Government of China as a cultural property in 1988, the Nanjing city government has been conserving the castle according to its plan and thus restoring the historical and cultural values of Nanjing. The project is still in progress, and in this regard, a series of logistics have formulated and a lot of discussions have taken place. Likewise, Korea has been carrying out multidirectional policies to conserve and utilize castles lying throughout the country, appreciating the historical and cultural resources of castles lying throughout the country, and at the same time gets down to designation as the World Heritage. This study focused on how Nanjing, not only a castle city but also a historical city, had established a principle and legal foundation regarding the protection of the Ming Castle, especially on how the problems, which might continually arise in a process where a scheme reached a working stage, had been solved. The problem-solving process is expected to have great implications for Korea in a similar situation. Hereat, this study analyzed the project plans formulated seasonally and gathered data on practical operation by conducting interviews with hands-on workers. The results showed that Nanjing had carried out policies to utilize the castles as tourism resources by harmonizing cityscape and ecological environment, but that it well conserved castles without damaging cultural assets. The stereoscopic protection system for the Ming Castle, based on the consideration of historical and cultural environments, may provide practical and useful data for Korea's administration mapping out for a castle conservation policy and designation as the UNESCO World Heritage.

Legal Strategy for the sake of Enhancement of Safety of Lifts Operation - focusing on the Experience of UK - (승강기 안전성 제고를 위한 법제적 전략 - 영국의 경험을 참고하여 -)

  • Kim, Yong-Hoon
    • Journal of Legislation Research
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    • no.54
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    • pp.111-154
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    • 2018
  • The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

An Analysis of Indonesia Forest Moratorium: With particular reference to Forest Governance (인도네시아 산림 모라토리엄 분석: 산림 거버넌스를 중심으로)

  • JANG, SangKyung;BAE, Jae Soo
    • The Southeast Asian review
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    • v.23 no.3
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    • pp.49-92
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    • 2013
  • In May 2010, Indonesia and Norway signed a Letter of Intent on "Cooperation on Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation(REDD)." In the LoI, Norway agreed to offer Indonesia a sum of USD 1 billion with a view to encourage Indonesia to significantly contribute to the successful implementation of REDD+. On 20 May 2011, correspondingly, Indonesia announced the 2011 'Forest Moratorium' (the Presidential Instruction No. 10/2011) which was valid for the following consecutive two years. By means of the 2011 'Forest Moratorium', Indonesia aimed at significant reductions in greenhouse gas emissions from deforestation, forest degradation and peatland conversion. In so doing, it also sought to improve forest governance. Meanwhile, concerned stakeholders also raised various questions about the effectiveness of the 'Forest Moratorium'. As an extension of the 2011 'Forest Moratorium', Indonesia announced the 2013 'Forest Moratorium'(the Presidential Instruction No. 6/2013) for another two-year period on 13 May 2013. Indonesia's 'Forest Moratorium' is concerned with stakeholders at various levels, who may play a role of significant 'agent' in the process of implementing the 'Forest Moratorium'. This mechanism of the 'Forest Moratorium' should be understood in the light of forest governance. Employing stakeholder approach, therefore, this article attempts to analyze Indonesia's 'Forest Moratorium' in the light of forest governance. In this regard, it analyzes the detailed contents of the 'Forest Moratorium', the process of making the 'Forest Moratorium', current development of the Indicative Moratorium Map for suspension of new concessions on forest land, and contesting views of various stakeholders. At the same time, it also talks about how 'weak' forest governance had influence upon Indonesia's 'Forest Moratorium'. In so doing, this article consequently attempts to evaluate Indonesia's 'Forest Moratorium' and also put it into perspective in terms of improving forest governance. The 2013 'Forest Moratorium' fundamentally represents a radical policy that is designed to suspend new concessions on forest conversion for another two-year period and its detailed contents attempt to reflect on various stakeholders from related industries and environmental NGOs. However, there are challenging factors in the process of implementing the 'Forest Moratorium', that is, 'weak' forest governance and also a discrepancy between forest planning maps designated by central and regional governments. The announcement of the 2013 'Forest Moratorium', as an extension of the 2011 'Forest Moratorium', may functionally strengthen and improve Indonesia's forest governance. However, at the same time, there is a practical limit due to the fact that it is merely a Presidential Instruction that lacks legal binding.

A study on the risk assessment system for the harmful marine species: the legal problems and solutions (유해해양생물 위해성평가 제도의 문제점 및 개선방안 연구)

  • Lee, Chang Su;Moh, Youngdawng
    • Korean Journal of Environmental Biology
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    • v.38 no.4
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    • pp.691-704
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    • 2020
  • The Ministry of Oceans and Fisheries has designated 17 species as harmful marine organisms with the purpose of managing harmful marine species that threaten health and property. In designating and managing harmful marine species, detailed and effective regulations were originally established in November 2015, and a minor amendment of the directive was published in 2019 - Directive on Designating and Managing Marine Ecosystem Invasive Species and Harmful Marine Species (hereinafter, the Directive). Thus, this study had two aims: Firstly, to increase public awareness of the harmful marine species management system run by the Ministry of Oceans and Fisheries via description of the present harmful marine species risk assessment system. Secondly, to improve the current risk assessment system by providing policy suggestions developed through review of the present harmful marine species designation and management system. In so doing, this study reviewed the 'harmful marine species - harmfulness risk assessment system' in both the definitions of "risk" and "assessment". As a result, the present definition of 'risk' adequately fulfills the policy aims on the Regulation of Marine Ecosystem, which includes an economic value. However, it seems that there is a loophole in the rules of risk assessment, lacking terms of reference in the definition of "risk". Moreover, with regards to risk assessment, a quantitative risk assessment system was sufficient but lacked elements of qualitative risk, suggesting future research in this area may prove useful in the management of harmful marine species.