• Title/Summary/Keyword: 개정법률

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A Study on the Development of Feasibility Evaluation Model for Establishment of Public Libraries (공공도서관 설립 사전 타당성 평가모형 개발 연구)

  • Sin-Young, Kim;Hee-Yoon, Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.4
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    • pp.101-127
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    • 2022
  • Article 31(1) of the Libraries Act(Act No. 18547), which was completely revised on December 7, 2021, stipulates that "the head of a local government or the superintendent of a city/provincial office of education must formulate a plan for the establishment and operation of a public library in advance and obtain the pre-evaluation of the feasibility of establishing a public library from the Minister of Culture, Sports and Tourism." Through the preliminary feasibility evaluation at the construction stage of the public library, it is possible to adjust distribution to improve the adequacy of scale and resolve regional imbalances and gaps. In addition, it is expected to increase service satisfaction and operational enhancement by inducing faithful securing of core infrastructure (librarians, collection, facilities, systems, etc.) in terms of balanced regional development and public library construction. The purpose of this study is to develop and present the basic direction and feasibility evaluation model for establishment of public libraries. The proposed evaluation model is expected to secure the legal basis and institutional legitimacy of the pre-evaluation system for public library establishment and to prevent waste of tax due to poor construction and operation of public libraries.

A Study on Speed Limit Rules under Sailing Regulations - Focusing on the Perspective of VTS Control - (항법상 속력의 제한규칙에 관한 고찰 - VTS의 관제 관점에서 -)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.254-261
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    • 2022
  • Every vessel shall proceed at a safe speed to avoid collision. Additionally, every vessel shall comply with the speed limit rules in the territorial water and internal waters of Korea. The VTS operator shall properly control the compliance of the vessel with the safe speed and speed limit rules. Safe speed under the COLREG 1972 is not explicitly stipulated in knots. However, under the Domestic law for traffic safety-specific sea areas, etc., the speed limit is specified in knots and complied with. This speed limit rule is mainly based on the 'speed made good over the ground'; however, in some places, it is based on the 'speed making way through the water'. In this paper, I analyzed marine accidents that occurred in the past 5 years and the rate of violation of speed limits. Furthermore, I reviewed safe speed under the COLREG 1972, speed limit rules under domestic and foreign laws, and cases of non-compliance with safe speed in the judgment of the Korea Maritime Safety Tribunal. Resultantly, I suggested in this paper that the speed limit rules in the domestic law must be observed by vessels to prevent marine accidents, and the rules which are stipulated in terms of 'speed making way through the water' must be revised as 'speed made good over the ground' such that the vessels can easily comply with them and the VTS operator can control the vessel properly.

A Study on the Trend of Library Services in Foreign Correctional Facilities (외국 교정시설도서관 서비스 동향에 관한 연구)

  • Hyojung Sim
    • Journal of Korean Library and Information Science Society
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    • v.54 no.1
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    • pp.91-114
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    • 2023
  • This study increases awareness of the survey and demand for libraries in correctional facilities, which have not received much attention so far, and is necessary for improving the operation of existing research and libraries in Korea, which is conducting a current status survey of most correctional facility libraries. The contents of the service operation of the external correctional facility library were explored and analyzed. As a result of the analysis, the United States, the United Kingdom, and Germany, where correctional facility libraries are relatively well operated, are practically operating social rehabilitation programs while reducing recidivism of inmates, and library associations or local governments in each country are promoting the vitalization of correctional facility libraries. It helps and organizes committees or organizations involving related experts to discuss policy support, issue checks, research, report publication, drafting and revising guide guidelines, cooperation between libraries, and reflect them in actual operation. In addition, it maintains steady support and interest through public-private cooperation, and makes good use of the linkage system with local public libraries. As a result, it contributes to reducing the recidivism of prisoners. Through this study, the following three areas were suggested for the administrative improvement direction for correctional facility library services. First, the production and distribution of guidelines or guidebooks for correctional facility libraries, second, the establishment of a specialized correctional facility library organization within the correctional headquarters or library association, and third, the strengthening of activities and the operation of law libraries in correctional facilities.

Risk Assessment Improvement Method of Small Stream When Small Sized Hazard Infrastructures Survey (소규모 공공시설 조사시 세천의 위험도 평가 방안)

  • Jungsoo Rho;Kyewon Jun;Jaesung Shin
    • Journal of Korean Society of Disaster and Security
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    • v.16 no.1
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    • pp.23-35
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    • 2023
  • Recently, the damage caused by natural disasters such as typhoons and localized torrential rains has been increasing rapidly. The Ministry of the Interior and Safety enacted a 「law on safety management of small sized infrastructures」 and local governments have to register small sized infrastructures with the National Disaster and Safety Management System (NDMS) until March 31st every year. Recently, each local government has ordered Safety inspections of small sized infrastructures and maintenance plans and six types of facilities, including small streams, small bridges, farm roads, access roads to village, inlet weirs, and drop structures are being surveyed and digitized into a database. Each facility is being evaluated for risk, and for those deemed hazardous, maintenance plans are being developed. However, since the risk assessment method of small sized infrastructures is not clear so that is conducted through visual investigation by field investigators, risk assessment is conducted in a subjective and ambiguous form. Therefore, this study presented a reasonable and quantitative risk assessment method by providing a quantitative evaluation indicator for small stream, which has the highest disaster risk among other small sized infrastructures, so that small sized hazard infrastructures can be selected to secure transparent evidence for improvement plans and action plans.

Analysis of the Terms "Risk" and "Danger" for Appropriate Application of COLREGs and Proposal for Amending Maritime Safety Act of Korea (국제해상충돌예방규칙의 올바른 적용을 위한 '위험'과 '위험성'에 대한 용어 분석 및 해사안전법 개정 제안)

  • Inchul Kim;Hong-Hoon Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.1
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    • pp.44-51
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    • 2023
  • The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.

Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

Policy of Surging Investment to Early Startups Via Boosting up SAFE in Korea (창업초기투자 촉진을 위한 한국형 SAFE 활성화 방안에 대한 연구)

  • Park, Jin;Yang, Youngseok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.6
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    • pp.1-12
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    • 2022
  • This paper put the goal on boosting up early startup investment by delivering and positioning SAFE as the main early startup investment type in Korea. In particular, this paper proves the better fitting of SAFE as to the early stage of venture investment than these of Convertible Note. This paper as referring the previous studies of SAFE as the major keystone issues determining active SAFE applying (legal positioning issue, tax treatment issue, failure of inducing the following investment with uncertainty over maturity) proposes boosting up policy of Korean SAFE. First, as to accounting treatment of SAFE, it suggests SAFE to recognize legally as "the capital" on the Korean Venture Investment Act of introducing SAFE actively as venture investment type. Second, as to tax treatment issue, it proposes on amending venture indication rule as the best alternative of resolving tax issue by accepting SAFE as the investment meeting to venture investment requirement. Third, as benchmarking foreign cases, it delivers the method of modifying foreign SAFE Contract Format by adding up more clauses about safety vehicles against the failure of the following investment and fixing maturity date and event. Ultimately, all resolutions of this paper fall on highlighting the role of Korean Venture Investment Act and Ministry of SMEs and Startups.

Controversial issues in the legal restriction for prenatal genetic testing in Korea (산전검사 대상 질환에 대한 법적 규제의 문제점에 대한 고찰)

  • Choi, Ji-Young;Jeong, Seon-Yong;Kim, Hyon-J.
    • Journal of Genetic Medicine
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    • v.4 no.2
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    • pp.186-189
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    • 2007
  • More than 6,000 rare disorders including genetic diseases have been reported. Of them, 1,500 diseases (1,211 for clinical diagnosis and 289 for research only) are technically possible for genetic testing. In Korea, since 2005, only 63 genetic diseases is permitted for prenatal genetic testing by the "Bioethics and Biosafety Law". The article 25 in the law prescribes 63 genetic diseases without clear indication for its selection and inclusion criteria. In EU, USA, and other foreign countries, however, there is no provision in the statute on prenatal genetic testing; it is not restricted by a law. Recently, a woman (Mrs. L, 38y) who is a carrier for Menkes disease made an appeal to a government for an amendment of the "Bioethics and Biosafety Law" prohibiting the prenatal diagnosis of her pregnancy at risk for Menkes disease. Menkes disease (MNK) is an X-linked recessive disorder characterized by neurodegeneration, connective tissue defects and hair abnormalities, and no effective treatment is available yet. The prevalence rate of MNK is one in about 250,000 live births. Menkes syndrome patients fail to absorb copper from the gastrointestinal tract in quantities adequate for meeting nutritional needs. These needs seem particularly acute during the initial 12 month of life, when the velocity of brain growth and motor neurodevelopment. Most of pts. die around 3yrs. of age. Mrs. L had a boy with Menkes disease who died at 2y.o. in 2001. Subsequent pregnancy in 2003, she was able to have prenatal genetic testing for mutation of the Menkes (ATP7A) gene and delivered a healthy baby boy. Now, She is pregnant again and wants to have prenatal diagnosis. however, this time, she was not allowed to have any more because Menkes disease is not included in 63 genetic diseases permitted by the law for prenatal genetic testing, in spite of the fact that she is a Menkes disease carrier and her pregnancy is at risk to have an affected baby. This case shows the practical problem of the legal restriction for prenatal genetic testing in Korea. In this study, we report a arguable case and discuss the controversial issues in the legal restriction for prenatal genetic testing in Korea.

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A Study on the Improvement of Laws Related to the Safety Management of Children's Play Facilities (어린이놀이시설 안전관리법규의 개선방향)

  • Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.2
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    • pp.47-61
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    • 2009
  • The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.

The Problems and Improvement Measures of Protection for Politician (정치인 경호제도의 문제점 및 개선방안)

  • Jo, Sung-Gu;Kim, Tae-Min
    • Korean Security Journal
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    • no.22
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    • pp.169-196
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    • 2010
  • Although more priority is given to politicians from the aspect that they represent people and decide the future of country, the current situation is that politicians are not free from terrorism because of insufficient guard-concerned law, negative social recognition and increased crime and terrorism. The measure for politician terrorism shall be handled from the aspect of national security rather than public peace. For the purpose, basic legal foundation shall be prepared and specialized guard technique considering specialty of politician shall be established. Basic solution shall be established by reinforcing law against politician terrorism and establishing new law from the national viewpoint. The guard for politician has two faces that both of safety of guard target and voting intention of voter shall be met at the same time. Although special guard technique is required for guarding politician, current situation is that it is not researched professionally. In relation to the measure to develop the system of protection for politician, First, the study suggested legal foundation for politician guard. Although the 17th National Assembly proposed revised legal plan to protect politician from terrorism, it is suspended, expired and abolished now. The legal plan presented by members of the National Assembly was simply restricted to the scope of public guard. The study divided establishment of legal foundation into two things. The first one is the dispatch type of effective public guard and the second one is the transfer to private guard. Second, the study suggested environmental development method of politician guard. in the environment of politician guard, the study suggested improvement and development method by analyzing social recognition, politician's mind and voter's mind psychologically. After the beginning of human society, if human race is continued, political activity won't disappear. It is obvious that the safety of political leader is very important issue for human race because he plays the role to decide the future of human. In the future, more specialized, effective law shall be prepared and deeper study of scholar shall be performed.

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