• Journal of Advanced Marine Engineering and Technology
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• v.38 no.4
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• pp.486-494
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• 2014

IMO adopted comprehensive revisions to the International Convention and Code on Standards of Training, Certification and Watchkeeping (STCW) at diplomatic conference in Manila, Philippine in June 2010. In Korea, the legal amendment of Korean Marine Officers Act has been proposed to apply revised STCW convention to The Korean Law. The Korean Marine Officers Enforcement Ordinance Act currently working on follow-up and this legislation was passed in Legislation and Judiciary Committee. This thesis would like to look into the current status of how to apply the Electro-Technical Officers standard and license system from the Korean Marine Officers Act to be revised. Also, This study aims to effectively improve for Korean Marine Officers Enforcement Ordinance of Electro-Technical Officers system and to provide the policy proposal.

• Journal of the Korea Safety Management & Science
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• v.3 no.3
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• pp.11-21
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• 2001

Domestic construction industry has considerable level of construction performance and technology thanks to the economic development and as the result of performing diverse oversea construction project. However, construction disasters have been steadily increasing, and do severe disasters at faster pace. Most of such disasters happen at small and small medium-sized construction fields, which contract size is less than 10 billion won. small and medium-sized construction fields are not obliged to designate a safety manager, and have limitations in engaging self-regulating disaster prevention activities due to reduced budget for safety facilities. For the small and medium-sized construction sites with less than 10 billion won, the Ministry of Labor has been carrying out mobile inspections of construction safety. However, the effect so far is insignificant and an improvement plan is required. Therefore, in the present thesis, we derive problems appearing in the current construction safety mobile inspection system, investigate and study systems in foreign countries, and suggest an efficient and effective plan to operate safety technology inspections. First of all, we establish a standard to select sites to be inspected that are high in construction risk and disaster occurrence probability In addition, we suggest a plan to take administrative and judiciary measures based on the total score for disaster factors considering the disaster occurrence probability and the illegal practices. Furthermore, a scheme to maximize the effect of disaster prevention is sought by building an organic cooperative system between the Ministry of Labor, Korea Occupational Safety ＆ Health Agency and other organizations specialized in instruction of construction disaster prevention. Finally, we induce a research conclusion that leads to self-regulating safety management through checking and instructing systematic management on mobile inspections.

• The Journal of the Korea Contents Association
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• v.17 no.8
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• pp.610-618
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• 2017

Sex offense by medical practitioners has been occurring continuously in Korea leading to not only patients but the general public expressing anxiety and increased distrust in the medical field. The government has been pushing ahead with the legislation or revision of law to increase the penalties on sexual offenders in response to requests for a stricter legal framework to address sex offense cases and has expressed a strong commitment to actively resorting to administrative corrective measures towards sexually offending medical practitioners. Unlike such an overall social atmosphere, the Judiciary that is in charge of applying the law seems not to perceive the seriousness of sex offense cases committed by medical practitioners. A doctor who had sexually assaulted a middle school female student during medical treatment at a pediatric hospital was found innocent by the supreme court, which was a ruling in direct contrast to overall public sentiment. As such, this study seeks to analyze the precedent on cases involving sex offense by medical practitioners with a focus on the above-mentioned case and present implications. The study seeks to dispel distrust in the overall medical field by addressing the gap in legal interpretation towards sex offense committed by medical practitioners and thus provide basic data that can help the general public receive quality medical services in a safer environment.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.39 no.2
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• pp.119-128
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• 2016

Use of ICT in Government has ability to improve service delivery to its citizens, and yet many developing countries have lagged behind in the implementation of e-Government. Many e-Government initiatives also failed to achieve their objectives in developing countries. This paper therefore aims to identify critical failure or success factors in Kenya, using Heeks' Factor Model. A survey questionnaire was developed and data were collected and analyzed from officials and interested citizens. The analysis results enabled to highlight seven specific success and failure factors, and their constituent elements in Kenya. The Kenyan overall e-Government implementation score belongs to the Zone of Improvement (3.52 of total 5.0), which means partial success or failure. The enablers of e-Government projects are good strategy formulation, and internal and external drive, whereas main failures of e-Government are weak ICT infrastructure. The areas for improvement are project management, design, competencies and funding. Data analysis highlights both strengths and weaknesses for each factor or variable. In particular, Kenyan government excels at the drive for change by top to bottom government officers as well as external stakeholders, while the government officers who are using e-Government are satisfied with the availability of vision, strategy and plan of e-Government implementation. Both technologies and e-transactions laws were the worst of all the variables in e-Government implementation. Two areas should be improved using immediate corrective action. In-depth study reveals that government officers and citizens can't fully use their laptop and mobile devices due to the lack of both ICT network and its operating technology, and legal system associated with the transaction of business information. Finally, the study ends up with recommendations for policy makers to shape the future of e-Government system in both developing and developed countries.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.133-167
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• 2010

The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

• The Journal of Korean Medicine
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• v.31 no.1
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• pp.112-121
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• 2010

Objectives: The aim of this study was to reflect upon the process of the legislation of the National Medical Services Law for traditional Korean medicine practitioners (TKM practitioners), especially at the Assembly plenary session of 1951. Methods: Various primary sources related to the legislation were examined, especially those in National Assembly Records and newspapers. Results: In 1950, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令), but it ended in failure. So in 1951, the National Assembly tried again. First, legislator Han Gukwon (韓國源), with 83 other legislators, introduced a bill for the new national health care system. The Society and Health (社會保健委員會) and the Legislation and Judiciary subcommittees (法制司法委員會) deliberated on this bill, and each proposed an amendment to the National Assembly. In the process of careful deliberation of these three proposals, the Ministry of Health and legislator Kim Ikgi (金翼基) each came up with a further amendment. Ultimately, Kim Ikgi's amendment was accepted by the National Assembly. According to his proposal, TKM practitioners were titled 'Hanuisa (漢醫師)', and the medical office name of TKM practitioners became 'Hanuiwon (漢醫院)'. Conclusions: The National Medical Services Law passed in 1951 was the beginning of the unique dual national medical license system of Korea. It recognized Western medicine and TKM practitioners equally under the national license system.

• Journal of English Language & Literature
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• v.56 no.2
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• pp.237-253
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• 2010

In Christopher Marlowe's Cambridge days in the 1580s, the British forward wits were engaged in the curious pursuit of magic and occult philosophy in order to discover the mystery of things. Magic, together with judiciary astronomy, astrology, mathematics, and logic, was one of the most practical disciplines. Marlowe, Shakespeare, and Jonson demonstrate their deep interest in magic and its language of spell and charms in the light of their analogical application to the alchemical theatre. As Shakespeare says that the poet, the lover, and the madman are of the same because they give forms to airy nothing, a magical illusion is, for the three playwrights, similar to the theatrical illusion in that both magic and theatre work in and by a language and both give us sportive pleasures through the deceptio visus. However, while Jonson is rather puritanically antagonistic to the illusive language of alchemy and magic, Marlowe and Shakespeare are attracted to the rapturous nature of the absolute language of magic. Doctor Faustus' indulgence in magic stands for the Marlovian aspiration for the absolute language which allows no discrepancy between thinking and willing, conceiving and actualizing. His uses of spells, charms, anagrams, and magic books are transformed and translated in the play into an alchemical theatre. Faustus is dependant on and bound by his books of magic, as is the actor on the stage. Faustus is the poet condemned from the beginning. Though he is mistakenly thinking that it is he himself that manipulates Mephostophilis the magical agent, it is otherwise. Faustus is a shadow or an actor in the Elizabethan language. He remains a farcical figure during the twenty-four years which are given to him for his sensual dalliance. Marlowe never forgets through his farcical clowning to satirize such Catholic rituals as exorcism and benediction for their illusive theatricalism. The sports of Faustus' playacting and play-directing rise at the last hour to the height of a tragedy. Ironically Marlowe the playwright succeeds as a tragedian at the point where Faustus fails as a magician.

• Korean Journal of Construction Engineering and Management
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• v.25 no.1
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• pp.13-22
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• 2024

On January 8, 2021, the Act on the Punishment of Severe Disasters passed the Legislation and Judiciary Committee and has been in effect in earnest since January 2022. However, safety accidents at construction sites are still continuing, and it is necessary to discuss ways to improve the safety awareness of construction workers. Therefore, in this study, data were collected through a survey of construction site workers, and the effect of the organizational climate of the workplace on the level of safety consciousness of workers was studied. As a result of the study, the factors of organizational structure, guaranteeing autonomy and consideration of supervisors among the organizational climate of the workplace had a positive effect on the improvement of workers' safety awareness. Based on this, this researcher suggested that workers should be delegated the authority to perform some tasks according to the situation and content of the work during the field work and that incentives should be compensated according to performance.

• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.37-79
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• 2017

The major purpose of this paper is to analyze the evolution of the presidential system in South Korea during the past three decades ever since the country's democratization in 1987 from the comparative institutional perspective. As imperial presidentialism during the so-called three Kim's era(1987-2003) disappeared right after the political retirement of the three Kims in 2003, then president-centered presidentialism emerged during the post-three Kim's era, since the country's recent three presidents possessed their relatively low-level of partisan power in terms of their control of National Assemblies and their respective presidents' parties during their presidencies. South Korea has now a strong possibility to transform the current president-centered presidentialism into the American-style separatist presidential system in the near future, since the country's National Assembly has continuously been making its efforts to function as an effective governing body being compatible with the American Congress. In addition, the country's judiciary branch has effectively been playing a political role like the US supreme court ever since the country's democratization in 1987. It is also emphasized that South Korea's civic society is currently playing as a guardian of democracy through its effective and responsive political participations in many public sectors for promoting civic liberties, public welfare, and other democratic values. South Korea now needs to carry out constitutional revisions, political reforms of legislative system, party system, and electoral system as well as correct some contradictory political understandings and habits in a way to transform the current president-centered presidentialism into American-style separatist presidential system in the near future.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.