• Title/Summary/Keyword: minimum law

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A Study on the Improvement of Technical Guidance Fee for Preventing Accidents at Small-Medium Construction Sites (중·소규모 건설현장 재해예방 기술지도 대가 개선에 관한 연구)

  • Lim, Se-Jong;Shin, Seung-Hyeon;Won, Jeong-Hun;Yoon, Young-Cheol
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.5
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    • pp.469-481
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    • 2021
  • Under Korean law, small-to-medium-sized construction projects with budgets of more than 100 million won and less than 12 billion won must receive technical guidance by a visiting technician belonging to a specialized institution. This study proposed a method for calculating the technical guidance fee to prevent the potential inadequacy of technical guidance when the responsibility providing the technical guidance fee is changed from a contractor to a client. The method simplified the construction works which should receive technical guidance into four sections according to the construction amount. For each section, the number of instances of technical guidance per day provided by the visiting technician and the minimum technical grade of the visiting technician were limited, and the guideline for estimating engineering services fees was applied to calculate the fee per instance of technical guidance. The results show that the proposed method can be applied to the establishment of a technical guidance fee guideline since it well reflects the current fee distribution and K2B analysis results.

A Study in the legal standards of healthcare facilities in Korea, China, and Japan (한국·중국·일본의 의료시설 법적기준과 그 변화 과정에 관한 연구)

  • Cho, Junyoung;Lei, Qingyun;Yang, Naewon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.26 no.4
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    • pp.39-47
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    • 2020
  • Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

Icevaning control of an Arctic offshore vessel and its experimental validation

  • Kim, Young-Shik;Kim, Jinwhan
    • International Journal of Naval Architecture and Ocean Engineering
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    • v.13 no.1
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    • pp.208-222
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    • 2021
  • Managing with the presence of sea ice is the primary challenge in the operation of floating platforms in the Arctic region. It is widely accepted that offshore structures operating in Arctic conditions need station-keeping methods as well as ice management by icebreakers. Dynamic Positioning (DP) is one of the station-keeping methods that can provide mobility and flexibility in marine operations. The presence of sea ice generates complex external forces and moments acting on the vessel, which need to be counteracted by the DP system. In this paper, an icevaning control algorithm is proposed that enables Arctic offshore vessels to perform DP operations. The proposed icevaning control enables each vessel to be oriented toward the direction of the mean environmental force induced by ice drifting so as to improve the operational safety and reduce the overall thruster power consumption by having minimum external disturbances naturally. A mathematical model of an Arctic offshore vessel is summarized for the development of the new icevaning control algorithm. To determine the icevaning action of the Arctic offshore vessel without any measurements and estimation of ice conditions including ice drift, task and null space are defined in the vessel model, and the control law is formulated in the task space. A backstepping technique is utilized to handle the nonlinearity of the Arctic offshore vessel's dynamic model, and the Lyapunov stability theory is applied to guarantee the stability of the proposed icevaning control algorithm. Experiments are conducted in the ice tank of the Korea Research Institute of Ships and Ocean Engineering to demonstrate the feasibility of the proposed approach.

Factors to Affect Acceptance of Open Banking from Information Security Perspectives (정보보호 관점에서의 오픈뱅킹 수용도에 대한 영향요인)

  • Go, Jeunghyeun;Lee, Woonboo
    • Journal of Information Technology Services
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    • v.20 no.6
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    • pp.63-81
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    • 2021
  • Joint financial network of Korea Financial Telecommunications and Clearings Institute, which is an essential facility with a natural monopoly, maintained its closedness as monopoly/public utility model, but it has evolved in the form of open banking in order to obtain domestic fintech competitiveness in the rapidly changing digital financial ecosystem such as the acceleration of Big Blur. In accordance with digital transformation strategy of financial institutions, various ICT companies are actively participating in the financial industries, which has been exclusive to banks, through the link technology called Open API. For this reason, there has been a significant change in the financial service supply chain in which ICT companies participate as users. The level of security in the financial service supply chain is determined based on the weakest part of the individual components according to the law of minimum. In addition, there is a perceived risk of personal information and financial information leakage among the main factors that affect users' intention to accept services, and appropriate protective measures against perceived security risks can be a catalyst, which increases the acceptance of open banking. Therefore, this is a study on factors affecting the introduction of open banking to achieve financial innovation by developing an open banking security control model for financial institutions, as a protective measures to user organizations, from the perspectives of cyber financial security and customer information protection, respectively, and surveying financial security experts. It is expected, from this study, that effective information protection measures will be derived to protect the rights and interests of financial customers and will help promote open banking.

Aspects of size effect on discrete element modeling of normal strength concrete

  • Gyurko, Zoltan;Nemes, Rita
    • Computers and Concrete
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    • v.28 no.5
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    • pp.521-532
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    • 2021
  • Present paper focuses on the modeling of size effect on the compressive strength of normal concrete with the application of Discrete Element Method (DEM). Test specimens with different size and shape were cast and uniaxial compressive strength test was performed on each sample. Five different concrete mixes were used, all belonging to a different normal strength concrete class (C20/25, C30/37, C35/45, C45/55, and C50/60). The numerical simulations were carried out by using the PFC 5 software, which applies rigid spheres and contacts between them to model the material. DEM modeling of size effect could be advantageous because the development of micro-cracks in the material can be observed and the failure mode can be visualized. The series of experiments were repeated with the model after calibration. The relationship of the parallel bond strength of the contacts and the laboratory compressive strength test was analyzed by aiming to determine a relation between the compressive strength and the bond strength of different sized models. An equation was derived based on Bazant's size effect law to estimate the parallel bond strength of differently sized specimens. The parameters of the equation were optimized based on measurement data using nonlinear least-squares method with SSE (sum of squared errors) objective function. The laboratory test results showed a good agreement with the literature data (compressive strength is decreasing with the increase of the size of the specimen regardless of the shape). The derived estimation models showed strong correlation with the measurement data. The results indicated that the size effect is stronger on concretes with lower strength class due to the higher level of inhomogeneity of the material. It was observed that size effect is more significant on cube specimens than on cylinder samples, which can be caused by the side ratios of the specimens and the size of the purely compressed zone. A limit value for the minimum size of DE model for cubes and cylinder was determined, above which the size effect on compressive strength can be neglected within the investigated size range. The relationship of model size (particle number) and computational time was analyzed and a method to decrease the computational time (number of iterations) of material genesis is proposed.

Effectiveness Analysis of Preliminary Evaluation of Public Library Establishment Feasibility Based on the Revised Library Act (도서관법 개정에 따른 공공도서관 설립 타당성 사전평가의 실효성 분석)

  • Kim, Hyo-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.53 no.3
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    • pp.119-135
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    • 2022
  • The purpose of this study is to determine whether the pre-evaluation of the feasibility of establishing a public library, which is mandatory according to the revision of the Library Act, can improve the quality of the library. Therefore, the effectiveness of the preliminary evaluation was analyzed through the case analysis of the preliminary evaluation of the public library construction support project, which was implemented for the same purpose before the revision of the Library Act. In the case of libraries built after preliminary evaluation, most of the minimum standards for legal librarians required by the Enforcement Decree of the Library Act were secured, which helped secure basic library personnel. However, there were few libraries that secured and operated as much manpower as originally planned, and in some cases, the application applied to operate the library directly, but it was changed to consignment operation at the time of opening, so the pre-review details were not faithfully reflected. This study proposed re-establishing realistic librarian placement standards according to the revision of the law and introducing a post-evaluation using the library registration system so that it would not be a formal pre-process through case analysis.

A Study on Air Operator Certification and Safety Oversight Audit Program in light of the Convention on International Civil Aviation (시카고협약체계에서의 항공안전평가제도에 관한 연구)

  • Lee, Koo-Hee;Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.115-157
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    • 2013
  • Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

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Cases and Legal Issues For 119paramedics in Mental Emergency Situations (정신응급상황에서 119구급대원 대응사례와 법적쟁점)

  • Young Pyo Hong
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.87-115
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    • 2024
  • In Korea, exposure to stress has been accompanied by mental pain in the process of achieving many growth along with rapid development, various social problems, and the frequency of emergency hospitalization is increasing.. In the case of mentally ill patients, "unwanted hospitalization" is a problem, and police and 119 paramedics try to suppress the body of mentally ill patients, and many problems are exposed This is because the constituent requirements of the provisions of emergency hospitalization under the Mental Health and Welfare Act do not reflect reality, and each institution has a different position on one mentally ill person, and emergency hospitalization does not proceed smoothly or leads to friction between related organizations, and the safety of the mentally ill or others is not secured. Emergency hospitalization is defined as "a person who finds a person who is presumed to be mentally ill and is at high risk of harming his or her health or safety or others," and if the situation is so urgent that he or she cannot afford time to go through the hospitalization procedure to decide on his or her own hospitalization, he or she can request emergency hospitalization with the consent of a doctor and a police officer. In this case, 119 paramedics are escorted to a psychiatric institution. This provision of emergency hospitalization poses many problems in the process of transferring to psychiatric institutions. If a police officer or 119 paramedics in charge of practice use "physical force" during the emergency hospitalization process, side effects will inevitably occur, and professional negligence can be a problem. Specifically, when exercising physical force, the minimum necessary physical restraint based on laws and regulations and proportional principles is required, and the lack of the duty of care of 119 paramedics or police officers under the laws and regulations will eventually be resolved by applying other laws and regulations. Accordingly, it will be an opportunity for mentally ill patients to be transferred to psychiatric institutions in a safe environment by changing the subject of emergency hospitalization provisions under the Mental Health Welfare Act, defining and prescribing the use of physical protection guards as the enforcement regulations of the Mental Health Act, setting the duty of care for 119 paramedics and police officers, and creating an environment for transportation so that mentally ill patients can be treated safely.

South Korea's strategy to cope with local provocations by nuclear armed North Korea (핵위협하 국지도발 대비 대응전략 발전방향)

  • Kim, Tae-Woo
    • Strategy21
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    • s.31
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    • pp.57-84
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    • 2013
  • North Korea's continuous threats and provocative behaviors have aggravated tension on the Korean peninsula particularly with the recent nuclear weapons test. South Korea's best way to cope with this situation is to maintain the balance among three policy directions: dialogue, sanctions, and deterrence. Among the three, I argue that deterrence should be prioritized. There are different sources of deterrence such as military power, economic power, and diplomatic clouts. States can build deterrence capability independently. Alternatively, they may do so through relations with other states including alliances, bilateral relations, or multilateral relations in the international community. What South Korea needs most urgently is to maintain deterrence against North Korea's local provocations through the enhancement of independent military capability particularly by addressing the asymmetric vulnerability between militaries of the South and the North. Most of all, the South Korean government should recognize the seriousness of the negative consequences that North Korea's 'Nuclear shadow strategy' would bring about for the inter-Korea relations and security situations in Northeast Asia. Based on this understanding, it should develop an 'assertive deterrence strategy' that emphasizes 'multi-purpose, multi-stage, and tailored deterrence whose main idea lies in punitive retaliation.' This deterrence strategy requires a flexible targeting policy and a variety of retaliatory measures capable of taking out all targets in North Korea. At the same time, the force structures of the army, the air force, and the navy should be improved in a way that maximizes their deterrence capability. For example, the army should work on expanding the guided missile command and the special forces command and reforming the reserve forces. The navy and the air force should increase striking capabilities including air-to-ground, ship-to-ground, and submarine-to-ground strikes to a great extent. The marine corps can enhance its deterrence capability by changing the force structure from the stationary defense-oriented one that would have to suffer some degree of troop attrition at the early stage of hostilities to the one that focuses on 'counteroffensive landing operations.' The government should continue efforts for defense reform in order to obtain these capabilities while building the 'Korean-style triad system' that consists of advanced air, ground, and surface/ subsurface weapon systems. Besides these measures, South Korea should start to acquire a minimum level of nuclear potential within the legal boundary that the international law defines. For this, South Korea should withdraw from the Nuclear Non-proliferation Treaty. Moreover, it should obtain the right to process and enrich uranium through changing the U.S.-South Korea nuclear cooperation treaty. Whether or not we should be armed with nuclear weapons should not be understood in terms of "all or nothing." We should consider an 'in-between' option as the Japanese case proves. With regard to the wartime OPCON transition, we need to re-consider the timing of the transition as an effort to demonstrate the costliness of North Korea's provocative behaviors. If impossible, South Korea should take measures to make the Strategic Alliance 2015 serve as a persisting deterrence system against North Korea. As the last point, all the following governments of South Korea should keep in mind that continuing reconciliatory efforts should always be pursued along with other security policies toward North Korea.

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Facilitating Factors of and Barriers to Performance Improvement of Small Scale Enterprise Occupational Health Personnel in Korea (소규모 사업장 산업보건인력의 업무수행 분석)

  • June, Kyung Ja;Paek, Do Myung;Kim, Eun Hee;Kim, Ji Yong;Ha, Eun Hi;Kim, Sun Mean;Park, Hea Sook;Jung, Hea Sun
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.2
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    • pp.156-167
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    • 1997
  • In Korea, based on the Revised Law of Occupational Safety and Health a new entity of institution was set up in 1990 to provide occupational health services to SSE in which three sorts of personnel as a team have to be involved. These institutions, in charge of scores to hundreds of workplace area-wide, have been providing occupational health services without payment from employers or employees, and government reimburses through the Occupational Injury Prevention Insurance since 1993. As a service provider, a team is composed of doctors, nurses and industrial hygienists. Undergraduate and postgraduate educations for the SSE occupational health are not specified and the question on the performance of the personnel has been raised. This study was designed to analyze the facilitating factors of and barriers to the performance and its improvement of these personnel. In 1997, the survey was conducted with all 58 institutions. Structured questionnaires were mailed to 200 personnel who were providing the occupational health service for SSE. The response rate was 51.7% for doctors, 58.6% for nurses, and 60.3% for industrial hygienist, respectively. Results are as follows : 1) There is a guideline for occupational service mandated by the government. Under the guideline, the minimum frequency of visiting workplace is assured with six times of doctors, 17 times for nurse and industrial hygienist in a year. There are one doctor for every 200 factories, one nurse and one hygienist for every 100 factories. 2) All respondents have basic qualification for occupational health service. About 16.7%. of doctors are certified in industrial medicine or preventive medicine, and 64.7% of industrial hygienists had first grade certification. Totally 66.7% of personnel have been involved in occupational health for more than one year. 3) As a support system for the performance improvement, 66.3% respond that they have been provided with educational materials, advice related to industrial environment and guidance of MSDS from Korea Industrial Safety Corporation. Most respondents indicate the lack of concern of employers and employees as a main barrier to the improvement of the service. Also they are in the need of the training opportunity more focused on SSE. The Governments policy for SSE is a principal facilitating factor. Training program focused on SSE situation, manpower, technical support, etc. are areas to be improved to have a better occupational health service for SSE in Korea.

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