• The Korean Journal of Archival Studies
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• no.26
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• pp.33-62
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• 2010

Buddhism was introduced in the Korea Peninsula 1600 years ago, and now there are over 10 million believers in Korea. The systematic Management of Temple Records has a spiritual and cultural value in a rapidly changing modern society. This study proposes a better management system of Buddhist temple records for the Jogye Order of Korean Buddhism. this system Not only supports transparency of religious affairs, but presents a way for a more effective management. in this study, I conducted a study on the national legislation for the preservation of buddhist temples and the local rules of religious affairs from the Jogye Order. Through this, I analyzed the problems of Buddhist records management. in the long term, to improve these problems, I purpose the establishment of temple archives be maintained by parish head offices. This study presents a retention schedule for this systematic establishment system. I present charts for the standard Buddhist records management that manage the total process systematically from the production of records to its discard. Also I present a general plan to prevent random defamation of Buddhist temple documents and impose a duty for preservation. I intend for this plan to be subject to discussion and tailored to the particular needs of temple reads. In creating these charts standard of Buddhist temple records management, I analyzed operating examples of foreign religious institutions and examined their retention periods. I also examined the retention periods and classification system from the Jogye Order. Then I presented ways for this management system to operate through computer programs. There is a need to establish a large scale management system to arrange the records of buddhist documents. We must enforce the duty of conserving records through the proposed management system. We need the system to manage even the local parish temple records through the proposed management system and the operation of the proposed archive system. This study presents research to from the basic of the preservation and the passing of traditional records to future generations. I also discovered the historical cultural and social value that these records contain. Systematically confirmed Buddhist temple records management will pave the way that these tangible and intangible cultural records handed down from history can be the cultural heritages. establishing a temple records management system will pave the way for these cultural records to be handed down to future generations as cultural heritages.

• Korean Journal of Heritage: History & Science
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• v.51 no.2
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• pp.38-57
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• 2018

Led by the Cultural Heritage Administration, studies on the cultural heritage of railways have merely focused on modern registered cultural heritage and on excavating the cultural heritage of modern rail transportation. Endeavors of institutions relevant to railways to protect the cultural heritage of railways were not sufficiently made. Only the internal guideline to protect the cultural heritage of railways made by the railway corporation is being implemented. This study aims to assert the need to examine the protective measures of the heritage of railroad cars and to vitalize plans of conserving the heritage of railroad cars. Also, plans to protect the heritage of railroad cars and methods to invigorate schemes of protecting the heritage of railroad cars will be suggested. The current situation of protecting the heritage of railroad cars was investigated via a field trip. Through exploring overseas examples of protecting the heritage of the railroad cars, ways to vitalize plans of widely publicizing the heritage of the railroad cars with their historical values were suggested. Results showed that first, the way of openly exhibiting conserved railroad cars by setting up stands other than the way of exhibiting and conserving in one site was necessary. Second, in order to properly preserve and manage the cultural heritage of railways, railroad cars, much like natural monuments or intangible cultural properties, need to be perceived as cultural properties. Also, it is necessary to amend the Cultural Properties Protection Law to include railway heritage. Third, the perception of the cultural heritage of railways should be heightened, and SNS, blogs, and cafes need to strategically promote this heritage in order to increase the public's interest. Fourth, in addition to enacting legislations and gaining institutional support for the cultural heritage of railways, the budget to operate the responsible department, and employing staff for the heritage of railroad cars should be resolved as a priority in order to enhance the capability of managing this cultural heritage. In order to rationally protect the cultural heritage of railways and invigorate plans to protect the cultural heritage of railways, it is necessary to garner administrative and financial support, and enact the appropriate legislation. The heritage of railroad cars is priceless and has a social value in terms of regional icons, historic marks, and the record of life. It is considered that in this situation, the standard of amending both policy and the Cultural Properties Protection Law for the heritage of railroad cars should be urgently established.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Journal of Archival Studies
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• no.21
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• pp.283-322
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• 2009

Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

• The Korean Journal of Archival Studies
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• no.55
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• pp.39-71
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• 2018

The purpose of this study is to examine the reality of the records management of the National Assembly members and suggest a desirable alternative. Until the Public Records Management Act was enacted in 1999, the level of the records management in the National Assembly was not beyond that of the document management in both the administration and the legislature. Rather, the National Assembly has maintained a records management tradition that systematically manages the minutes and bills since the Constitutional Assembly. After the Act was legislated in 2000, the National Assembly Records Management Regulation was enacted and enforced, and the Archives was established in the form of a subsidiary organ of the Secretariat of the National Assembly, even though its establishment is not obligatory. In addition, for the first time, an archivist was assigned as a records and archives researcher in Korea, whose role is to respond quickly in accordance with the records schedule of the National Assembly, making its service faster than that of the administration. However, the power of the records management of the National Assembly Archives at the time of the Secretariat of the National Assembly was greatly reduced, so the revision of the regulations in accordance with the revised Act in 2007 was not completed until 2011. In the case of the National Assembly, the direct influence of the executive branch was insignificant. As the National Assembly had little direct influence on the administration, it had little positive influence on records management innovation under Roh Moo-Hyun Administration. Even within the National Assembly, the records management observed by its members is insignificant both in practice and in theory. As the National Assembly members are excluded from the Act, there is no legal basis to enforce a records management method upon them. In this study, we analyze the records management problem of the National Assembly members, which mainly concerns the National Assembly records management plan established in the National Archives. Moreover, this study proposes three kinds of records management methods for the National Assembly members, namely, the legislation and revision of regulations, the records management consulting of the National Assembly members, and the transfer of the dataset of administrative information systems and websites.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.239-282
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• 2019

The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

• The Korean Journal of Archival Studies
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• no.33
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• pp.155-206
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• 2012

Interests in archives management are getting expanded from the public sector into the cultural and artistic field for the ten years after legislation of "Act on the Management of Public Archives" in 1999. However, due to lack of recognition on the importance of archives in the cultural and artistic field, it is rather frequent that information is kept scattered or archives are lost. As an example, absence of precise contract documents or notes of bestowal keeps people from locating great amount of cultural properties, and because of it these creative properties are in the risk of thefts, the closed-door auctioning, or trades in unofficial channels. As how a nation manages cultural and artistic creation inside the nation reflects its cultural level, it can be said that one of the indexes to notice the extent of a nation's cultural level is to take a look at how they are circulated. This study started from this point. Growing economy and rising interests in culture and art made the society more cognizant of the importance and value that visual artworks have, but the archives and information which are showing the context of these artworks and are produced in the course of social interaction are relatively disregarded because too much emphasis lies on the work itself. It is harder to find archives or documentations in Korea than in other advanced countries about the artists themselves or philosophical discourse on the background of the artworks. There is not so much interest to preserve the archives and information produced after the exhibition also, and they are used for no more than promotion or reference. Hereupon, the researcher recognized the importance of visual arts archives and believed that systemic management on them are high in need. And metadata is an essential way for the systemic management, as recently management on artworks or their archives are conducted using the system of the agencies even though they are not produced electronically. The objective of this study is to manage visual arts archives systematically by designing a data model reflecting traits of visual arts archives. Metadata are needed in the every course of archives from acquisition to management, preservation and application. Visual arts archives find its rich value only when a systemic relationship is established among information on artist, artwork and events including exhibition. By establishing a Multiple Entity Data Model, in which artworks, artists and events (exhibitions) make relationship all together, metadata for management on visual arts archive gets more efficiency and at the same time explanatory trait of the archive gets higher. For this reason we, in the study, tried to design a data model by setting each as an independent entities and designating relations between them, in order to find a way to manage visual arts archives more systematically.

• Journal of Ginseng Culture
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• v.1
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• pp.93-109
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• 2019

This study aims to look at the process of ginseng being removed from the Western pharmacopoeia in the 19th century, experiencing a crisis as an export product in the America in the 20th century, and eventually settling in the U.S. society and the military as a dietary supplement in the 21th century. In this process, the legislation of provided a bridgehead for ginseng and other botanical dietary supplements to enter the U.S. market. As a result, ginseng could be re-listed in the U.S. pharmacopoeia as a dietary supplement. However, this did not mean a complete soft landing of ginseng and other botanical dietary supplements in the America. The U.S. medical community, which has been afraid of the indiscriminate spread of botanical dietary supplements, has constantly raised "the risk-discourse" and expressed concerns over the use and abuse of botanical dietary supplements that have not been scientifically verified. This involved not only the fundamental problems caused by the lax verification process of , but also a new atmosphere in the U.S. where the public sought information about botanical dietary supplements rather than seeking professional clinicians related to their health. Against this situation, "the advocate-discourse" suggested by dietary supplement manufacturers and the people in charge of botanical products seemed rather relaxed. As consumers are taking this side, the advocates had only to stress that botanical dietary supplements have been used worldwide for a long time without any problems and were made from 'natural' materials. The fact that ginseng and other botanical dietary supplements were able to advance to the U.S. Military's dietary supplement manual, which is strict in controlling food, seems to have jumped on the bandwagon of this atmosphere in the U.S. Society. In the early U.S. dietary supplement manual reviewed in this paper, ginseng was the most detailed among many botanical dietary supplements. Although there are some 'safety concerns' that still exist in the civilian society, but there are also certainly good scientific explanations for the efficacy and references to the popularity and influence of ginseng in the American society. Given this, the U.S. society and military's interest in ginseng as a dietary supplement seem quite high.

• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.199-230
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• 2021

Innovative new products and services are being launched through the convergence between heterogeneous industries, and social interest and investment in convergence industries such as AI, big data-based future cars, and robots are continuously increasing. However, in the process of commercialization of convergence new products and services, there are many cases where they do not conform to the existing regulatory and legal system, which causes many difficulties in companies launching their products and services into the market. In response to these industrial changes, the current government is promoting the improvement of existing regulatory mechanisms applied to the relevant industry along with the expansion of investment in new industries. This study, in these convergence industry trends, aimed to analysis the existing regulatory system that is an obstacle to market entry of innovative new products and services in order to preemptively predict regulatory issues that will arise in emerging industries. In addition, it was intended to establish a regulatory impact analysis system to evaluate adequacy and prepare improvement measures. The flow of this study is divided into three parts. In the first part, previous studies on regulatory impact analysis and evaluation systems are investigated. This was used as basic data for the development direction of the regulatory impact framework, indicators and items. In the second regulatory impact analysis framework development part, indicators and items are developed based on the previously investigated data, and these are applied to each stage of the framework. In the last part, a case study was presented to solve the regulatory issues faced by actual companies by applying the developed regulatory impact analysis framework. The case study included the autonomous/electric vehicle industry and the Internet of Things (IoT) industry, because it is one of the emerging industries that the Korean government is most interested in recently, and is judged to be most relevant to the realization of an intelligent information society. Specifically, the regulatory impact analysis framework proposed in this study consists of a total of five steps. The first step is to identify the industrial size of the target products and services, related policies, and regulatory issues. In the second stage, regulatory issues are discovered through review of regulatory improvement items for each stage of commercialization (planning, production, commercialization). In the next step, factors related to regulatory compliance costs are derived and costs incurred for existing regulatory compliance are calculated. In the fourth stage, an alternative is prepared by gathering opinions of the relevant industry and experts in the field, and the necessity, validity, and adequacy of the alternative are reviewed. Finally, in the final stage, the adopted alternatives are formulated so that they can be applied to the legislation, and the alternatives are reviewed by legal experts. The implications of this study are summarized as follows. From a theoretical point of view, it is meaningful in that it clearly presents a series of procedures for regulatory impact analysis as a framework. Although previous studies mainly discussed the importance and necessity of regulatory impact analysis, this study presented a systematic framework in consideration of the various factors required for regulatory impact analysis suggested by prior studies. From a practical point of view, this study has significance in that it was applied to actual regulatory issues based on the regulatory impact analysis framework proposed above. The results of this study show that proposals related to regulatory issues were submitted to government departments and finally the current law was revised, suggesting that the framework proposed in this study can be an effective way to resolve regulatory issues. It is expected that the regulatory impact analysis framework proposed in this study will be a meaningful guideline for technology policy researchers and policy makers in the future.