• Title/Summary/Keyword: national legislation

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A Network Analysis of the Library Bill Cosponsorship in the Legislative Process of the 19th National Assembly of Korea (도서관법안에 관한 19대 국회 입법과정의 공동발의 네트워크 분석)

  • Kim, Hyeyoung;Park, Ji-Hong
    • Journal of the Korean Society for information Management
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    • v.37 no.2
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    • pp.1-22
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    • 2020
  • The legislative cosponsorship network shows the legislative process of the National Assembly through the relationship between the members of the National Assembly formed by cosponsorship. This study focused on the library bill proposed during the 19th National Assembly term, and conducted the cosponsorship network analysis, the centrality analysis of actors of the National Assembly, and a subgroup analysis of keyword-centric networks. As the result of the study, the library bill's cosponsorship network was segmented according to political parties, and lawmakers who played an intermediary role in close proximity to other political party members had an important influence on the network. When restructured into a keyword-oriented network, the network structure segmented into political parties improved as members of different parties shared the same keywords and formed subgroups. Based on the results, it was suggested that a strategy for spreading and sharing policy issues based on core keywords rather than library legislation, centered on lawmakers who play a mediating role between parties, is needed to activate library legislation.

A Study on the Legislation for the Commercial and Civil Unmanned Aircraft System Operation (국내 상업용 민간 무인항공기 운용을 위한 법제화 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.3-54
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    • 2013
  • Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

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A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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Review on improving measurement of cyber terror management system

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.6
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    • pp.89-96
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    • 2016
  • Damage and attack size of cyber terror is growing to the national size. Not only targeting at a certain companies or individuals but number of cyber terror targeting government bodies or unspecific people is increasing. This is because compared to traditional weapon, input cost is very cheap but ripple effect and shock are much stronger, affecting not only certain groups but also each individuals. 'Anti-terror measurement for protection of nation and public safety' passed last month is one of the renowned measurement passed regardless of objection from opposition party. The opposition party went against this through filibuster for 192 hours but this finally passed National Congress due to lack of oppositions. Korean government is taking post actions after passage of anti-terror measurement. Legislation of enforcement ordinance and regulations is due by 6th of next month. This regulation will be executed from June 4th after legislation. Whenever there is any security issues such as hacking of Korea Hydro and Nuclear Power and National Intelligence Service happens, lot of attention is made to those hackers. However, social recognition or management of those hackers need lot more improvement. Especially, as market of internet of things is increasing, there is an increased anxiety on information security. But as we only rely on security solutions, this problems are keep happening. Therefore, active investment on nurturing hackers who play the role of 'spear and shield' shall be made. Government should put more efforts to allow white hackers to show their abilities. We should have a policy for supporting high-quality programs such as BoB. To make information protection industry into future growth engine, it is necessary to nurture professionals for information protection and white hackers through special programs. Politicians should make related regulations as soon as possible to remove factors that prevent swift management of cyber attack due to lack of legislation. Government should pay lot more financial investment to nurturing professional manpower than now. Protecting life and asset of nation is responsibility and duty of our government. We all should recognize that controlling cyber attack is a part of national defense.

A Study on the Policy Direction for the Protection of Underwater Cultural Heritage in Korea (우리나라 수중문화유산 보호 정책 방향에 관한 연구)

  • Park, seong-wook
    • Korean Journal of Heritage: History & Science
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    • v.34
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    • pp.210-220
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    • 2001
  • UNESCO convention on the Protection of the Underwater Cultural Heritage(hereafter 'UCH')was adopted in the Fourth meeting of governmental experts on the draft Convention on the protection of UCH. Accordingly, Korea will prepare an appropriate policy for the protection of UCH. This article aims to give policy directions for the protection of UCH in Korea. Korea has some legislation relating to protection of cultural property. However, these legislation did not have effective schemes to protect UCH. Moreover, the Cultural Properties Administration which is a primary agency for protecting UCH has been ineffective in their effort for protecting UCH. To Protect UCH, I suggest establishment of law relating to protection of UCH, designation of competent authorities for protection of UCH in accordance to UNESCO Convention, and establishment of a long term national plan for protection of UCH.

Legislation Trend Referring to Burden of Proof in Medical Malpractice Lawsuit (의료과오소송 입증책임 관련 입법의 동향)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.129-162
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    • 2008
  • Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

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Dental Hygienists' Work Cognition and Demand for Related Legislation (치과위생사 업무인지와 법률화 필요 요구도 조사 연구)

  • Hyeong, Ju-Hee;Jang, Yun-Jung;Ju, On-Ju
    • Journal of Korean society of Dental Hygiene
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    • v.18 no.5
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    • pp.693-705
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    • 2018
  • Objectives: This study aimed to identify the importance of the directivity of reflecting on a realistic task when aiming to reorganize a relevant law for dental hygienists through examining dental hygiene students' perceived need for a relevant law on dental hygiene related work. Methods: A survey was conducted targeting dental hygiene students from March 28 to April 30, 2018. The following findings were obtained. The results were summarized as follows. The collected data were analyzed using the SPSS WIN 21.0 statistical program. Results: With reference to the influence of the need for a work-related legislation on dental hygienists' awareness of their legal rights, findings revealed that the latter was higher when there was higher involvement in precision impression procedures, higher involvement in occlusal adjustment in the middle stage, and higher perceived need for legislation on a comprehensive dental hygiene course (all p<0.05). Conclusions: Based on these findings, it is considered necessary to pursue a national solution for modifying the relevant legal system to provide institutional support for dental hygienists' work. Additionally, the worry in the whole dentistry in order to establish dental hygienists' task.

The Legislation Process of Landscape Protection and Management: Learning from the Foreign Cases (경관의 보호와 관리를 위한 법제화 과정 -국제적 선례를 중심으로-)

  • Ryu, Je-Hun
    • Journal of the Korean Geographical Society
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    • v.48 no.4
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    • pp.575-588
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    • 2013
  • The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

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A Comparative Study of Disabled People's Welfare and Accessibility Facilities in Korea and Japan

  • Park Rae-Joon
    • The Journal of Korean Physical Therapy
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    • v.11 no.1
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    • pp.1-21
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    • 1999
  • Japanese welfare legislation for the disabled was enacted via Law 283 on December 26. 1956. The push for such legislation at the national level had gown concurrent with development of Japan's post-war economy Korean welfare law for disabled was made 22 years later and was again amended in 1989. The current legislation promotes and supports the legal welfare of the Koran disabled. The following are the results of a comparison between Korean and Japanese accessibility facilities and welfare law; 1) Japan's developement of disabled people's welfare law is inextricably linked to the development of disabled people's advocacy and the human rights movement. In addition, welfare policy has shifts its mandate from rehabilitation to independent living. It follows that local altitudes will play a pivotal role in further policy initiatives. Korean disabled people's welfare policy emerged hand in hand with economic recovery and development following the Korean War. By 1977 a special education law was enacted which-like it Japanese counterpart-promoted the education of disabled children. 2) Accessibility facilities were developed privately movement. The disabled faced constant and systematic disadvantages in public/private buildings and transportation systems. A general lack of cultural awareness and information relating ti these problems prevailed. These included-hut were by no means limited to sign language (for hearing the impaired) and braille(the language of blind). However, new attitudes and improvements have since emerged and new laws have resulted in the publication of Korean 'White Book' outlining the everyday problems faced by the disabled. In addition, mort convenient access facilities have been constructed in public and private buildings. In closing, legal support for the disabled, senior citizens and pregnant women continues to be improved by newer legislation enacted tin April 6, 1977.

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