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An Analysis Study of Deliberation Results to Change the Present Condition around Gyeonggi-do Designated Cultural Properties - Focusing on the Proposed Legislation 3 or More Times a Deliberations of the Cultural Properties Committee - (경기도지정문화재 주변 현상변경허가 신청안 심의결과에 관한 분석 연구 - 문화재위원회심의 3회 이상 상정안을 중심으로 -)

  • Lim, Jin-Kang;Kim, Dong-Chan
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.3
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    • pp.85-96
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    • 2011
  • The purpose of this study, Around Gyeonggi-do cultural propertie Change the Present Condition not apply to analyze the results of processing Change the Present Condition of the trends and issues, and characteristics are derived and In determining the basic data processing of the Change the Present Condition presented are intended to be. 248 of 2009 regulated by Gyeonggi-do Cultural Assets committee agenda for consideration of the more than three times a copy of 15 were enrolled in the study. Review the results of the Change the Present Condition permit, permit held, to review classified information and analyzes the results of processing and complementary. Application for change processing standards and their comparison with the Change the Present Condition of cultural property through the deliberations and conclusions should analyze the results. As a result of research first, decision to allow processing of the application is characterized by a variety of facilities and the lower floors many times the result of the approval, the construction of cultural property conditioned space after the application complements the exterior of the building permit has been determined, applied to the current building near where the decision to allow the existence of is the main reason Second, decisions permit held, if requested neighborhood facilities lots of facilities and construction of large-scale is the most. Results from the first hearing until a final decision is not much change in results and cultural property surroundings due to the building of the reason for rejection was the most inhibited. Third, reconsideration of the decision if the city's development projects and other large development projects, and floors of the building height did not significantly affect the change. Above all, Decisions based on the results of the presence or absence was a big acts and the reason for reconsideration, and on-site investigation is the most. Fourth, It is based on the processing of Change the Present Condition that has been passed or rejected treatment and standards of treatment in two areas where the two sections across any side of the strict criteria were applied. Cultural Properties and applications with the distance increases, the rejection and the reconsideration decision is limited Such distance did not affect the decision to allow.

1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A Study on the Major Issues and Legislative Considerations of CCTV Installation in an Operating Room (수술실 CCTV 설치의 쟁점과 입법방향에 관한 소고(小考))

  • Kim, Sungeun;Choe, A Reum;Bae, Kyounghee
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.111-138
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    • 2021
  • 'Unlicensed medical practice by a non-medical practitioner' often represented by surrogate surgery or so-called 'ghost surgery,' causes irreparable damage to life or body, and therefore calls for very strict and effective controls. The 'bill on installment of CCTVs in an operating room' to prevent unlicensed surrogate surgery has been discussed for a long time, but due to numerous issues and heated confrontations, it has been pending in the National Assembly. Nevertheless, it is expected that the bill will be discussed again in earnest in the National Assembly because surrogate surgery and factory-type cosmetic surgery, which has been performed mainly in the field of cosmetic surgery, has also been occurring in the field of therapeutic surgery. In general, an operating room is considered as being locked or closed, as well as disallowing implicit complicity among insiders. Hence, if the insiders conspire to commit or cover up an illegal act, or if a surgeon performs rapid cosmetic surgery and then leaves the recipient (or medical institution) so as to perform more operations for profit - even if it is legitimate practice - it may result in serious consequences in terms of the recovery of a patient. In this case, installation of CCTVs can be of great help in identifying an illegal act and assessing any occurrence of negligence. On the other hand, while the fundamental purpose of therapeutic surgery is to restore a patient's life or body - that is, lifesaving - installation of CCTVs may base the relationship between a surgeon and a patient on distrust and surveillance, so it may increase the number of requests for CCTV footage or lead to more disputes, as well as placing a burden on the surgeon when best results are not achieved for a patient. As a result, the surgeon may choose non-invasive treatment contrary to conscience instead of risky but necessary surgery, or he/she may have significant difficulty in determining the timing of surgery, which may limit the provision of effective surgical medical care. Then, in terms of the relationship between a surgeon and patient, and in the long run, there could be significant disadvantages for the public and patients if CCTV footage is allowed. In this paper, we review domestic and overseas cases and issues regarding installation of CCTVs in an operating room, and present various viewpoints and suggestions to promote legislation with minimized legal problems and side effects, thereby contributing to protection of the lives and health of the public, patients, and recipients of surgery.

A Study on the Response Plan through the Analysis of North Korea's Drones Terrorism at Critical National Facilities - Focusing on Improvement of Laws and Systems - (국가중요시설에 대한 북한의 드론테러 위협 분석을 통한 대응방안 연구 - 법적·제도적 개선을 중심으로 -)

  • Choong soo Ha
    • Journal of the Society of Disaster Information
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    • v.19 no.2
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    • pp.395-410
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    • 2023
  • Purpose: The purpose of this study was to analyze the current state of drone terrorism response at such critical national facilities and derive improvements, especially to identify problems in laws and systems to effectively utilize the anti-drone system and present directions for improvement. Method: A qualitative research method was used for this study by analyzing a variety of issues not discussed in existing research papers and policy documents through in-depth interviews with subject matter experts. In-depth interviews were conducted based on 12 semi-structured interviews by selecting 16 experts in the field of anti-drone and terrorism in Korea. The interview contents were recorded with the prior consent of the study participants, transcribed back to the Korean file, and problems and improvement measures were derived through coding. For this, the threats and types were analyzed based on the cases of drone terrorism occurring abroad and measures to establish anti-drone system were researched from the perspective of laws and systems by evaluating the possibility of drone terrorism in the Republic of Korea. Result: As a result of the study, improvements to some of the problems that need to be preceded in order to effectively respond to drone terrorism at critical national facilities in the Republic of Korea, have been identified. First, terminologies related to critical national facilities and drone terrorism should be clearly defined and reflected in the Integrated Defense Act and the Terrorism Prevention Act. Second, the current concept of protection of critical national facilities should evolve from the current ground-oriented protection to a three-dimensional protection concept that considers air threats and the Integrated Defense Act should reflect a plan to effectively install the anti-drone system that can materialize the concept. Third, a special law against flying over critical national facilities should be enacted. To this end, legislation should be enacted to expand designated facilities subject to flight restrictions while minimizing the range of no fly zone, but the law should be revised so that the two wings of "drone industry development" and "protection of critical national facilities" can develop in a balanced manner. Fourth, illegal flight response system and related systems should be improved and reestablished. For example, it is necessary to prepare a unified manual for general matters, but thorough preparation should be made by customizing it according to the characteristics of each facility, expanding professional manpower, and enhancing response training. Conclusion: The focus of this study is to present directions for policy and technology development to establish an anti-drone system that can effectively respond to drone terrorism and illegal drones at critical national facilities going forward.

Study of the Residential Environment and Accessibility of Rehabilitation for Patients with Cerebral Palsy (뇌성마비 환자의 주거 환경과 재활 접근성에 관한 연구)

  • Cho, Gyeong Hee;Chung, Chin Youb;Lee, Kyoung Min;Sung, Ki Hyuk;Cho, Byung Chae;Park, Moon Seok
    • Journal of the Korean Orthopaedic Association
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    • v.54 no.4
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    • pp.309-316
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    • 2019
  • Purpose: This study examined the residential environment and accessibility of rehabilitation for cerebral palsy (CP) to identify the problems with residential laws pertaining to the disabled and provide basic data on the health legislation for the rights of the disabled. Materials and Methods: The literature was searched using three keywords: residence, rehabilitation, and accessibility. Two items were selected: residential environment and rehabilitation accessibility. The questionnaire included 51 items; 24 were scored using a Likert scale and 27 were in the form of multiple-choice questions. Results: This study included 100 subjects, of which 93 lived at home and seven lived in a facility. Of these 93 subjects, 65% were living in apartments, usually two or more floors above ground, and 40% of them were living without elevators. According to the Gross Motor Function Classification System, subjects with I to III belonged to the ambulatory group and IV, V were in the non-ambulatory group. Subjects from both groups who lived at home found it most difficult to visit the rehabilitation center by themselves. In contrast, among those who lived at the facility, the ambulatory group found it most difficult to leave the facility alone, while the non-ambulatory group found it most difficult to use the toilet alone. Moreover, 83% of respondents thought that rehabilitation was necessary for CP. On the other hand, 33% are receiving rehabilitation services. Rehabilitation was performed for an average of 3.6 sessions per week, 39 minutes per session. Conclusion: There is no law that ensures secure and convenient access of CP to higher levels. Laws on access routes to enter rooms are insufficient. The disabled people's law and the disabled person's health law will be implemented in December 2017. It is necessary to enact laws that actually reflect the difficulties of people with disabilities. Based on the results of this study, an investigation of the housing and rehabilitation of patients with CP through a large-scale questionnaire will necessary.

Factors Influencing Sexuality Knowledge and Gender Sensitivity During Adolescents and Early Adulthoods (청소년기 및 초기 성인기의 성지식과 성인지 감수성에 영향을 미치는 요인)

  • Hae Su Na;Sun Goo Lee;Kang Min Baek;Woo Young Im;Seung-Gul Kang;Seong-Jin Cho;Kyoung-Sae Na;Jae Myeong Kang;Seo-Eun Cho;Seung Min Bae
    • Korean Journal of Psychosomatic Medicine
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    • v.31 no.1
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    • pp.25-32
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    • 2023
  • Objectives : This study investigated the level of sexuality knowledge and gender sensitivity and factors influencing on them among Korean high school and college students. Methods : 129 questionnaires from high school and college students with consent forms, collected from July to December of 2022, were analyzed. After identification of participants' gender, age, major, their report of the practicality of sex education, and their experience of violence or sexual assaults, participants' level of sexuality knowledge and gender sensitivity were compared. Results : Females showed higher gender sensitivity, regardless of age and group (p=0.004). The early adulthood group (≥19 years old) showed higher sexuality knowledge and gender sensitivity, compared to those adolescents (<19 years old). Among college students, those who majored in health science were identified with higher sexuality knowledge and gender sensitivity, compared to non-health science major students(p<0.001; p=0.005). Conclusions : This study revealed the significant differences in sexuality knowledge and gender sensitivity according to sex, age, and majors in adolescents and early adults. Therefore, it seems to be necessary to consider the differences in sexuality knowledge and gender sensitivity among age, sex, and majors when establishing public policy or legislation for sex crimes, including digital sex crimes.

Redefinition of the Concept of Fishing Vessel and Legislation Adjustment (낚시어선 개념의 재정립과 법제 정비에 관한 연구)

  • Yeong-Tae Son
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.6
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    • pp.639-652
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    • 2023
  • The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

Exploring the Model of Social Enterprise in Sport: Focused on Organization Form(Type) and Task (스포츠 분야 사회적기업의 모델 탐색: 조직형태 및 과제)

  • Sang-Hyun Park;Joo-Young Park
    • Journal of Industrial Convergence
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    • v.22 no.2
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    • pp.73-83
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    • 2024
  • The purpose of this study is to diagnose various problems arising around social enterprises in the sport field from the perspective of the organization and derive necessary tasks and implications. In order to achieve the purpose of the study, the study was largely divided into three stages, and the results were derived. First, the main status and characteristics of social enterprises in the sport field were examined. The current status was analyzed focusing on aspects such as background and origin, legislation and policy, organizational goals, organizational structure and procedures, and organizational characteristics. Social enterprises in the sport sector were in their early stages, and the government's social enterprise policy goal tended to focus on increasing the number of social enterprises in a short period of time through financial input. In addition, it was found that most individual companies rely on government subsidy support due to insufficient profit generation capacity. In the second stage, we focused on the situational factors that affect the functional performance of social enterprises in the sport field. As a result of reviewing the value, ideology, technology, and history of the organization, which are situational factors, it was derived that when certified as a social enterprise in the sport field and supported by the central government or local governments, political control is strong to some extent and exposure to the market is not severe. In the last third step, tasks and implications were derived to form an appropriate organization for social enterprises in the sport field. After the social enterprise ecosystem in the sport sector has been established to some extent, it is necessary to gradually move from the current "government-type" organization to the "national enterprise" organization. This is true in light of the government's limited financial level, not in the short term, but in order for the organization of social enterprises in the sports sector to survive in the long term.