• Title/Summary/Keyword: revision of act

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Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.169-195
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    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

A CEO Pay Slice and the Reliability of Accounting Information on Service Industry (서비스산업의 경영자 보상차이와 회계정보의 신뢰성)

  • AN, Sang-Bong;JI, Sang-Hyun;YOON, Ki-Chang
    • The Journal of Industrial Distribution & Business
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    • v.10 no.5
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    • pp.77-86
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    • 2019
  • Purpose - The present study examined the reliability of accounting information based on the pay slice (CPS) information of chief executive officers (CEOs) in the service industry. The difference in the size of CPS under the capitalist system can be used as an index to gauge the influence of top management. Research design, data, and methodology - In accordance with the amendment of the Financial Investment Services and Capital Market Act in 2013, the pay information of individual registered executives with annual salary of more than 500 million won has been disclosed. The sample of the current study is 232 companies listed on the Korea Exchange excluding financial services from 2013 to 2015, when the individual pay-slice information for registration officers was published in the business report in accordance with the revision of the Capital Market Act. The financial data required for this study were extracted from the FnGuide and the TS-2000. With the data, we tested the relationship between CPS and accounting information reliability through a linear regression analysis. Results - The first result showed that the relationship between the CPS and human resource in internal accounting control system in the service industry is significantly negative only with the accounting department personnel. This result implied that the CEO can negatively affect the retention of the accounting department in the firm. Second, both the CPS and quality of audit in the service industry are negatively related both to audit fees and to audit time. Nonetheless, the relationship between the number of the auditor and the CPS is insignificant. This result indicated that the CEO can negatively affect audit fees and audit time of external auditors. The results of the present study suggested that CPS information may have a negative impact on the reliability of accounting information. Conclusion - This study is the first study to examine the reliability of CPS and accounting information for the service industry in terms of human resources in internal accounting control system and audit quality. Therefore, the present study is expected to provide some useful information to economic decision-making of various external parties for service firms.

Relationship of the Institutes for Analyzing Requested Samples(IARS) among Working Environment Measuring Institutes(WMIs) and the Participation of the Non-mandatory Proficiency Test (작업환경측정시료의 분석수탁기관과 자율정도관리 참여와의 연관성)

  • Kim, Sungho;Kwon, Jiwoon;Cho, Hyunmin;Park, Hae Dong
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.2
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    • pp.111-118
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    • 2021
  • Objectives: The necessity of samples for analysis requested by working environment monitoring institutes (WMIs) has grown recently. The collection of samples of a few chemical substances requested by WMIs is allowed under the current occupational safety and health act in Korea, leading to an expansion of samples for analysis requested by institutes (SRIs). The objective of this study was to identify the number of institutes for analyzing requested samples (IARS), SRIs, and their participation in a non-mandatory proficiency test. Methods: Questionnaires were completed by all WMIs. The collected information was quantity of analysis equipment, sorting of chemicals from SRIs, and the number of SRIs. This was compared in terms of the participation in the non-mandatory proficiency test. Results: All WMIs in Korea responded to the survey, establishing a 100% response rate. There were 52 (29%) IARS among the 179 WMIs in Korea. The total number of samples of acid for ion chromatograph (IC) analysis requested by WMIs was 21,165, which is the most. Even the number of IARS for crystalline silicon oxide was less than other top-five IARS. The total amount of samples was 13,863, which was the second most. The calculated participation score for IARS was significantly higher than other WMIs (p<0.001). According to participation in the non-mandatory proficiency test by type of substance, such as crystalline silicon oxide and formaldehyde among IARS, the number of SRIs from those IARS was significantly higher than IARS that did not participate in the proficiency test (p<0.05). Conclusions: IARS had a high frequency of participation in the non-mandatory proficiency test and the number of SRIs at IARS participating in the proficiency test was higher among IARS. With the revision of the occupational health and safety act in Korea, the number of IARS participating in the non-mandatory proficiency test might increase.

A Study on the Reform of Records and Archives Management System in Japan (일본의 기록관리 제도 개혁에 관한 연구 - 공문서관리위원회의 활동과 국립공문서관의 확충 노력을 중심으로 -)

  • Yi, Kyoungyong
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.3
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    • pp.169-191
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    • 2015
  • The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.

Derivation of Safety Management Implications through Analysis of Major Elevator Failures (승강기 중대고장 분석을 통한 안전관리 시사점 도출)

  • Kim, Beom-Sang;Park, Poem
    • Journal of the Korea Safety Management & Science
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    • v.22 no.3
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    • pp.23-29
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    • 2020
  • As the duty to report and investigate major elevator failures has expanded due to the total amendment of the Elevator Safety Management Act in 2018, more important information on major elevator failures that have been partially identified has been collected. As of 2019, the number of elevators in Korea exceeded 700,000, making it the eighth-class elevator powerhouse in the world, but there is a trend of increasing casualties due to accidents and breakdowns. An Seung-gang-gi is a term that encompasses an elevator that moves vertically and an escalator that moves horizontally. It is an important means of transportation for most citizens that are encountered almost every day in daily life, and it is also necessary as a means of transportation that enables the construction of skyscrapers. And it seems that its importance will never diminish in the future. Major elevator failures are the main cause of dispatch when accumulating the number of 119 dispatches, and the frequency of occurrence is high. It's a shame. According to Heinrich's Law, 300 minor signs and danger phenomena precede, 29 minor accidents and 1 major accident. Accidents caused by elevators are increasing every year due to the increase in the number of installations, and the damage is threatening the valuable lives and property of users and workers in related fields due to fatal risks such as death and serious injury. Elevator safety management can achieve its purpose only when it is managed with the usual interests, awareness of safety, and full efforts of the users, workers, and the government concerned. This study was analyzed based on 2019 data notified to the Korea Elevator Safety Agency on major breakdowns improved after the revision of the Elevator Safety Management Act in 2018, and a total of 8,256 data were analyzed using the SPSS 21 version, a statistical analysis tool, to analyze the correlation with technical statistics. Proceeded. Through the analysis, it was possible to obtain preventive safety management data to prevent serious elevator safety accidents from occurring, and to derive meaningful implications that related safety management and maintenance can be effectively operated to prevent serious failures. In addition, through this analysis, we expect the development of related industries and legal and institutional improvement.

Medical Law Reformation on Korean Medicine Hospitals in the Case of the Jaehan Oriental Medicine Hospital (한방병원에 관한 의료법 개정 : 제한한방병원의 설립과 운영)

  • KEUM, Yujeong;EOM, Dongmyung;SONG, Jichung
    • Journal of Korean Medical classics
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    • v.35 no.1
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    • pp.103-116
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    • 2022
  • Objectives : To look at the medical law reformation of Korean Medicine hospitals through the establishment and management of the Jaehan Oriental Medicine Hospital, which was the first Korean Medicine Hospital in South Korea. Methods : Revisions of the medical law since the establishment of the National Medical Act in 1951 up until 1973 when the 'Korean Medicine hospital' first entered the medical institution category were examined. Based on the revised contents, the establishment and management of the Jaehan hospital were examined. Results & Conclusions : The first mentioning of 'Korean Medicine hospital' in the medical law took place on Feb 16, 1973 when the medical law was completely revised. After law regulations on Korean Medicine hospitals were established, the fist Korean Medicine hospital was founded on Nov. 24th, 1973 according to act 2533 of the medical law. This is the Jaehan Oriental Medicine Hospital, which is the predecessor of what we now know as the Daegu Korean Medicine University Hospital. Although the Jaehan hospital was registered as a legitimate Korean Medicine hospital in November of 1973, it had already started medical practice in December of 1970. While it was established according to the standards of medical law, it changed its institution category from 'Korean Medicine hospital' to 'affiliated Korean Medicine clinic' based on another clause within the same law. The decade from 1960 to 1970 was a time when national economy was developing, and the field of medicine and medical institutions were also booming. As such, revisions in the medical law seems to not have been able to keep up with what was happening in reality. To meet the patients' right to move or to manage diseases which Korean Medicine was taking responsibility for, a medical institution with inpatient capacity was required. Therefore it is possible that the Jaehan hospital which had already been providing such a role could have been a sample case for reference in the medical law revision process.

A Study on the Improvement of the Consultations on Amendment in Environmental Impact Assessment of Industrial Complex Development (산업단지 조성사업의 환경영향평가 변경협의 개선방안 연구)

  • Joo, Yong-Joon;Sagong, Hee
    • Journal of Environmental Impact Assessment
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    • v.31 no.3
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    • pp.129-140
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    • 2022
  • Environmental impact assessment on development projects is a process in which various stakeholders derive consultations by reflecting project characteristics and regional environmental status, and implementation of consultations is a prerequisite for securing sustainability of the local environment. The business plan can be changed to respond to changes in social and environmental conditions. And the business plan for which the environmental impact assessment consultation has been completed, it can be changed as a systematically prepared procedure (called Consultations on Amendment). As a result of investigating and analyzing the current status and major changes in the development project, Consultations on Amendment in industrial complexes were the most common, and the environmental impact is increasing accordingly. As the results of the analysis of operational status and the case studies, the main causes of Consultations on Amendment in industrial complex can be summarized into three categories: (1) formal demand forecasting for tenant industries, (2) excessive omission and simplification of administrative procedures under the Special Act, and (3) the use of an expedient change consultation system to facilitate environmental impact assessment consultation and shorten the period. This study proposes the following three measures to prevent the deterioration of the environmental impact assessment function due to frequent consultations on industrial complex changes; (1) Ensuring residents' participation procedures for Consultations on Amendment that changes important matters, (2) Reasonable revision of the "Simplification of Industrial Complex Procedures Act" to enhance the feasibility of industrial complex development plans and locations, (3) Development of evaluation criteria and methods for verification of real demand for objective demand management for industrial complexes, and (4) Preparation of a review guideline for Consultations on Amendment.

An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.81-111
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    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

A Study on the Introduction of a Dramaturg System for the Active Management of Local Public Theaters (지역 공공극장 운영 활성화를 위한 드라마투르그 제도 도입 연구)

  • Hwang, ARam
    • Korean Association of Arts Management
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    • no.60
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    • pp.69-92
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    • 2021
  • This study was designed to insist on the need of introducing the position of dramaturgs as professionals at performance venues. A dramaturg is a professional staff member that proposes an artistic orientation in the making process of performing arts works such as play and dance. Dramaturgs are divided into production dramaturgs participating in individual works and permanent dramaturgs resident in the theater. In the present study, discussions developed around plans to make use of permanent dramaturgs at local public theaters. The study introduced the advantages of the dramaturg position at culture and arts centers serving as a public theater in the community and proposed institutional improvement measures for it. At a culture and arts center, a dramaturg will play the roles of expanding culture and arts service to local residents, increasing creative chances for local artists, contribution to the vitalization of local culture, and narrowing the cultural gap between the Seoul metropolitan region and the rest of the nation. The introduction of a permanent dramaturg system should be supported by efforts across various aspects including the revision of Culture and Arts Promotion Act and Public Performance Act, improvement of the management system of culture and arts centers, change of performance evaluation methods for performance venues, and introduction of a cultivation course for the public sector.

System Architecture of the Integrated Data Safety Zone for the Secured Application of Transportation-specific Mobility Data (교통 분야 모빌리티 데이터의 안전한 활용을 위한 통합데이터안심구역 시스템 아키텍처 개발)

  • Hyoungkun Lee;Keedong Yoo
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.22 no.3
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    • pp.88-103
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    • 2023
  • With the recent advancement of 4th Industrial Revolution technology, transportation systems are generating large amounts of mobility data related to the individual movement trajectories of vehicles and people. There are many constraints on utilizing mobility data containing personal information. Thus, in South Korea, the processing and generation of pseudonymized information and the analysis and utilization of this information have been managed in a dual manner by applying separate agencies and technologies through the revision of the Data 3 Act and the enactment of the Data Basic Act. However, this dual approach fails to securely support the entire data lifecycle and suffers from inefficiencies in terms of processing time and cost. Therefore, to compensate for the problems of the existing Expert Data Combination System and Data Safety Zone, this study proposes an Integrated Data Safety Zone Framework that integrates and unifies the process of generating, processing, analyzing, and utilizing mobility data. The integrated process for data processing was redesigned, and common requirements and core technologies were derived. The result is an architecture for a next-generation Integrated Data Safety Zone system that can manage and utilize the entire life cycle of mobility data at one stop.