• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.130-131
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• 2022

본 논문에서는 시큐리티 민간경호경비 현장의 현실적인 문제점을 도출하고 개선방안을 찾아내기 위한 조사를 위해 민간경호경비의 개념과 특성, 다양한 경비원의 고용형태를 알아보고, 경비업법상 민간경호경비현장의 효율적인 운영과 경비산업의 질적 향상을 위해서 민간경호 경비현장과 가장 직접적인 법률인 경비업법 내에서 정의하는 경비업, 집단민원현장의 개념, 경비업의 개정이유, 경비업허가, 배치 및 폐지신고, 경비원 교육의 내용을 연구할 것이다. 또한 현장에서의 기준성의 법적, 절차적 문제점 등을 관할하는 관할 경찰관의 경우 개인의 법적 해석 기준과 실정법에서 정하는 처벌의 해당요건에 따라 업무를 처리하고 있어 유관기관 협력체계가이루어지기 어려운 상황에 처해있다. 또한 관련된 선행연구를 통하여 각 학자들이 제시하고 있는 문제점과 이유, 개선방안의 타당성 등을 검토 하고, 나타난 문제점과 개선방안들이 현실성을 반영하고 있는지 기관, 학계, 협회 등 다양한 관점에서 이를 연구할 것이다.

• Korean Security Journal
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• no.13
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• pp.235-258
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• 2007

Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

• The Korean Journal of Archival Studies
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• no.37
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• pp.145-188
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• 2013

The purpose of production status report is figuring out the amount of records produced by departments and record centers and establishing plans for transfer and collect of archives. These are the main functions of production status report clarified by Public Records Management Act. Production status report is introduced as the means to control the record management in public institutions which lack the understanding of the record production and management. Up to now, public institutions carry out production status report. However, it only has been done as a formal procedure and records collected unsurely transfer to Archives. The implementation of production status report does not accord with the original purpose. In addition, there are different views about the appropriateness of production status report. Record managers in the field, the researchers who made efforts to state production status report in the law and the archives did not reached the agreement of opinions yet. The objective of this study is not to judge whether production status report is of importance or not. Although its significance is controversial, it's one of the most important record management tasks and it stands the position as the distinct method in Korea. Nonetheless, the issue that production status report lacks efficiency in the field due to the lack of support of forms and systems brings up continuously. Thus, I evaluated current functions of production status report and proposed future improvements so that it accomplishes its original intent and support users in the field.

• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• Journal of radiological science and technology
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• v.29 no.3
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• pp.197-210
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• 2006

This study explored several agenda related to license system, education, professional work of radiological technologists(RTs) and a transition process of law for them to investigate a developmental strategy of RTs as a professional career. The results are as followings : 1. The national license system for RTs was started from 1965, 1965-1972 x-ray technicians(medical assistance), 1973-present(2006) radiotechnologist(medical technologist) since then. 2. The average pass ratio of national license examination(1965-2006) for RTs was 46.6%. The method, subjects and level of the examination should be improved. 3. The education term for RTs has been changed since 1963 ; 1963-1990 two year college, 1991-1999 three year college, 2000-2006 four year and three year college depending on universities and colleges. As of 2006, there are twelve 4-year universities and eighteen 3-year colleges. The total number of new students were 1,956. 4. The new developmental paradigm should be made for technology education of RTs corresponding to the development of medicine and science. 5. The qualification system of clinical specialists in radio-technology field needs to be operated not by the non-governmental body(The Korean Radiological Technologists Association) but by the governmental body. 6. The vertical relationship among RTs, doctors and other medical workers should be rebuilt through the revision of law. Especially, doctors and dentists 'guidance authority' for RTs should be changed to 'request authority'. 7. The service extent of RTs should be extended in medical fields corresponding to professional work of RTs and a revision of the law needed for this situation.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.280-291
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• 2016

The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.3-35
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• 2021

Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.715-723
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• 2013

Following the social consensus for the need to stop sexual violence, the government has amended juvenile sex protection laws to impose fees on education practitioners who do not report sexual crimes against women, and amended the 'domestic violence prevention and victim protection laws' (2012. 2) so that the police can investigate on site. However, regardless of these wide efforts, the reality is that sexual crimes against the socially weak do not seem to be dwindling, raising concerns of the effectiveness of such amendments. Generally sexual crimes are hard to prove, and even if reports are filed, most cases are dropped with non-prosecution disposition. Victims are usually limited to women and children and this leads to secondary victims. As this thesis states, developed countries have a more systematic protection methods than our country. Therefore, the purpose of this thesis lies on the construction of public safety infrastructure for the protection of sexual abuse victims (enhancing safety protocols with related organizations, implementing a bill of rights for the victims, prevention-centered police education, amendments to current law) to limit human rights violations and criminal injuries.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2000.05a
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• pp.50-55
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• 2000

The United States has had the superiority in the global trading market, and focused on the deregulation, decentralization, and often competitiveness. Also, it has adhered to pluralistic and uncoordinated systems for its various standard related activities. But with the WTO TBT entering into force late in 1990s, international standards have become more important in the global telecommunication market. So it has been recognized that the progressive standard activity would lead to keep the superiority of the nation in global telecommunication market. Specially, as the EU has been most active in building an agreed-upon technical standards among Its members, the US has faced with a serious problem that it has lack of agreed-upon infrastructure for standards. Hence, to keep the leadership in international telecommunications market, now it has been focusing on the national approach to standardization activities through the governmental support. For the implementation of above purposes, it amended 2 Acts. One is the Telecommunication Act of 1996. The other is NTTAA(National Technology Transfer and Advancement Art) of 1996, which was enacted according to the 1995 report "Standards, Conformity Assessment, and Trade into the 21 Century" by )TRC(National Research Council). In this paper, we analyse the US legal system in telecommunication standardization field including above arts and their Implementing plans. And we suggest the need for the active system of government in our telecommunication standardization.

• Journal of Korean Society of Forest Science
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• v.106 no.2
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• pp.196-203
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• 2017

Quarrying industry is typical industry that troubled between the market and government regulations in the forestry. Especially, it is difficult to consider aspects of economics and environment, landscape, disaster at the same time. Therefore, Quarrying industry need revised statutes according to regulatory reform and mitigation. This study conducted to provide basic data for regulatory reform and mitigation in quarrying industry. We surveyed 22 article of mountainous districts management act and lower statutes to employers and business interests on quarry 55 places in the Republic of Korea. As a result, fulfillment status of environmental damage reduction and disaster prevention were satisfactory. But fulfillment status of landscape damage reduction were not applicable. This result is due to the social mood that emphasizes the forest landscape. But there is need to improve the efficiency of grit chamber through present standard on effluent(water pollution prevention). In conclusion, policies should be established for realistic regulation and developed industry to quarrying industry.