• The Korean Journal of Archival Studies
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• no.17
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• pp.203-245
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• 2008

Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.

• The Korean Journal of Archival Studies
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• no.17
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• pp.3-37
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• 2008

In this article, I outlined the archival management system in Early Joseon Dynasty and examined the characteristics of the system. At first, I explained the three aspects of the archival management; the memory of the past, the documentation of the contemporary, and the vision of the future through the documentation. Secondly, I tried to understand the character of the Veritable Record and its compilation by the concepts of archival science such as 'authenticity', 'reliability'. In the memory of the past, the History of a Dynasty(Koryo-Sa) and the Comprehensive History of Eastern Kingdom were included. The arrangement of the past was accompanied with the systematic study of the domestic and foreign histories. At the beginning of the state building, there was many practical need to the experiences of government and social re-construction. It was also the process of the legitimacy establishment of the new dynasty. And the Bureaucracy promoted the development of the records and archival management system because it needed the continuity and evidence of business. The dualistic structure of the records and archival management system was the most unique character of this age. The management of general administrative records was not different from the modern one. But the historical drafts and the compilation of Veritable record were different. Here, I had to examine the characteristics of these procedures by the concept authenticity, reliability, and custodianship. In doing so, I suggested the need of conceptualization of the historical terms such as 'the primary sources' and 'the secondary sources' in historical study. The archival concepts will be the most useful means to that issue. Through the memory of the past and the documentation of the contemporary, they made visions of the future, new vision of the Literati Governance. In this tradition, in spite of the revision of the Veritable records by the new changed political party, both the orignal and the revised remained as the comparative evidence for the future generation in the name of the Black-Red Revised History.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• The Korean Journal of Archival Studies
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• no.16
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• pp.39-96
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• 2007

Traditionally, the concept of transfer is that physical records such as paper documents, videos, photos are made a delivery to Archives or Records centers on the basis of transfer guidelines. But, with the automation of records management environment and spreading new records creation and management applications, we can create records and manage them in the cyberspace. In these reasons, the existing transfer system is that we move filed records to Archives or Records centers by paper boxes, needs to be changed. Under the needing conditions of a new transfer paradigm, the fact that the revision of Records Act that include some provisions about electronic records management and transfer, is desirable and proper. Nevertheless, the electronic transfer provisions are too conceptional to apply records management practice, so we have to develop detailed methods and processes. In this context, this paper suggest that a electronic records transfer process model on the basis of international standard and foreign countries' cases. Doing transfer records is one of the records management courses to use valuable records in the future. So, both producer and archive have to transfer records itself and context information to long-term preservation repository according to the transfer guidelines. In the long run, transfer comes to be the conclusion that records are moved to archive by a formal transfer process with taking a proper records protection steps. To accomplish these purposes, I analyzed the 'OAIS Reference Model' and 'Producer-Archive Interface Methodology Abstract Standard-CCSDS Blue Book' which is made by CCSDS(Consultative committee for Space Data Systems). but from both the words of 'Reference Model' and 'Standard', we can understand that these standard are not suitable for applying business practice directly. To solve this problem, I also analyzed foreign countries' transfer cases. Through the analysis of theory and case, I suggest that an Electronic Records Transfer Process Model which is consist of five sub-process that are 'Ingest prepare ${\rightarrow}$ Ingest ${\rightarrow}$ Validation ${\rightarrow}$ Preservation ${\rightarrow}$ Archival storage' and each sub-process also have some transfer elements. Especially, to confirm the new process model's feasibility, after classifying two types - one is from Public Records center to Public Archive, the other is from Civil Records center to Public or Civil Archive - of Korean Transfer, I made the new Transfer Model applied to the two types of transfer cases.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.2
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• pp.13-27
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• 2019

This study shows the changes in the space created by the planning and leisure activities of Hangang River Park, focusing on the Yeouido portion of the Hangang River Park, which has the most users and the greatest degree of planning. The relationship between planning, behavior, and space changes are explained based on Giddens's Structural Theory. As research material, Hangang River Park plans and satellite photos were interpreted and newspaper articles were used to identifying the space changes and their causes, and a model of the space changes was derived through the application of the theory. The flow of space change in the Yeouido portion of the Hangang River Park due to planning and leisure activities is as follows. In the 1970s, the first sports spaces are made due to need from residents near the riverside, but huge plans for the utilization of the entire space were not realized. In the 1980s, leisure spaces were planned and developed through a comprehensive plan. Various sports spaces were built, but the environment of the spaces became a slum. In the 1990s, various leisure activities were revitalized due to the revision of the legal system, regulations on the usage of space, and space maintenance, and from the late 1990s, ecological issues arose along the Hangang River. In the 2000s, there was an overall space improvement project directed by two comprehensive plans, and cultural and ecological issues appeared in the Hangang River Park plans. However, actual leisure spaces were developed along with the promotion of large-scale activities. Regarding the structuration theory, elements of interaction, modality, and structure are the aspects of space changes in the Yeouido portion Hangang River Park. As the flow of the space change, the proportions of the comprehensive plan and the individual plans were similar. The comprehensive plan was influenced by the change of public businesses and the proliferation of large-scale activities. Individual plans were influenced by the user's activities and opinions. However, both plans were influenced by the users and suppliers. The leisure space of the Hangang River Park can be viewed as a social space, in terms of the structuring as a theory due to the user repeatedly changing the use of the space. The purpos of this study is to investigate the changes in the Hangang River Park space through planning and leisure activities. Through this study, we can understand the characteristics of the Hangang River Park in planning the leisure activity space.

• Journal of the Korean Orthopaedic Association
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• v.53 no.6
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• pp.505-512
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• 2018

Purpose: Many reconstruction methods have been attempted after an en-bloc resection of the proximal humerus. In particular, the introduction of reverse shoulder arthroplasty (RSA) has made a breakthrough in the functional recovery of the shoulder. Nevertheless, RSA has limitations when the humeral bone stock loss is significant. In addition, it is unclear if RSA is effective in patients showing failure with non-operative treatment of a proximal humeral tumor. Materials and Methods: A reconstruction was performed using an overlapping allograft-RSA composite for 11 patients with a failed proximal humeral construct. Delayed RSA was performed on 6 patients with failed non-operative treatment. The pre- and postoperative Musculoskeletal Tumor Society (MSTS) score and the complications were addressed. Results: Overlapping allograft-RSA composite afforded a stable construct in 11 failed proximal humeral reconstructions and the patient's chief complaints were resolved. The mean time to the union of overlapped allograft-host junction was 5.5 months. Average preoperative MSTS score of 20.3 point increased to 25.7 point, postoperatively. Four of the six patients who had RSA within 4 years from the index operation showed arm elevation of more than $90^{\circ}$ whereas the remaining 5 patients showed some disability. The complications include one case each of dislocation and aseptic infection, which were resolved by changing the polyethylene liner and scar revision, respectively. None of the 6 patients who underwent delayed RSA after the failure of non-operative treatment showed arm elevation more than $90^{\circ}$. Conclusion: An overlapping allograft-RSA composite is a simple and reliable reconstructive modality in patients with massive bone loss. In patients with metastatic cancer necessitating a surgical resection at presentation, early conversion to RSA is recommended to secure functional recovery.

• Journal of agricultural medicine and community health
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• v.44 no.1
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• pp.28-38
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• 2019

Objectives: We searched and reviewed the literature including the laws or acts, statistics, guidelines, papers and conference proceedings related to home visit nursing care in South Korea. Method: We searched and reviewed the literature including the laws or acts, statistics, guidelines, papers and conference proceedings related to home visit nursing care in Korea. Results: There are three types of home care nursing in Korea. Public health center provides home visit nursing to vulnerable population by registered nurses for free, based on community health act in public health center. As of 2017, 1,261,208 people were enrolled in the visiting health program of public health center. Health behavior and disease management has been improved and showed having cost-benefit effect among the enrolled people in visiting health program. Visiting nursing care in long-term care services is provided by registered nurses or nurse aid, based on long-term care act. The cost is paid as the unit price according to service time. 1,095,764 older people used long-term care services in 2017, only 0.2% of total cost used for home visiting nursing. Even though the number of user of home visiting nursing, it was reported that users spent less medical cost and hospitalized shorter. Hospital-based home care nursing is provided to patients and their families under the prescription of a doctor by family nurse specialists who are employed by medical institute based on medical law. Four hundred sixty family nurse specialists worked for hospital-based home care nursing and hospital-based home care services accounted for 0.038% of total medical expenses in 2017. Conclusion: Even though home visit nursing care services are different in aspect of legal basis, personnel, running institutes, and cost basis, home visit nursing care showed cost-benefit effect and good health outcomes. In order to advance home visit nursing care, the integrated home visiting care, improvement of working condition, and revision of legal basis should be considered.

• Food Science and Industry
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• v.52 no.2
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• pp.188-201
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• 2019

In the past, food additives were classified and managed as chemical synthetic and natural additives according to the manufacturing process, but it was difficult to confirm the purpose or function of food additives.CODEX, an internationalstandard, classifies food additives according to their practical use, based on scientific evidence on the technical effects of food additives, instead of classifying them as synthetic or natural. Therefore, very recently, the food additive standards in Korea have been completely revised in accordance with these global trends. Currently, the classification system of food additives is divided into 31 uses to specify their functions and purposes instead of manufacturing methods. Newer revision of the legislative framework for defining and expanding the scope of the Act as an enlarged area is required. Competition for preempting new food products based on bio-based technology is very fierce in order to enhance the safety of domestic people and maximize the economic profit of their own countries. In this age of infinite competition, it is very urgent to revise or supplement the current regulations in order to revitalize the domestic food industry and enhance national competitiveness through the development of food additives using new biotechnology. In this report, current laws on domestic food ingredients, food additives and manufacturing methods, and a comparison of domestic and foreign advanced countries' regulations and countermeasures strategies were reviewed to improve national competitiveness of domestic advanced biotechnology-based food additives industry.

• 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 Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.