• Title/Summary/Keyword: 개정법률

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Measures for Early Demonstration of Fine Dust Reduction Technology - Focus on the Sidewalk Pavement -

  • Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.8
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    • pp.181-185
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    • 2021
  • Road fine dust is not simply a problem of air pollution, but is threatening the health and life of the public, including pedestrians using sidewalks. There are various policy proposals related to road fine dust reduction, but the actual effect cannot be guaranteed. Therefore, in order to ensure the safe and pleasant passage of the people, the pavement pavement (sidewalk pavement) for fine dust management on the road should be designed by considering the location, use, function, etc., and appropriate paving materials and construction methods should be selected and designed or sidewalk facilities should be prepared. Therefore, this study examines the concept and legal basis of sidewalk pavement, reviews the status of sidewalk pavement-related technologies that purify air pollution, and utilizes sidewalk pavement materials under the revised sidewalk pavement guidelines for reducing fine dust, 「Act on Promotion of Purchasing of Green Products」 We intend to establish a legal basis for early application of sidewalk pavement technology by proposing measures and amendments to local government sidewalk pavement management rules.

A Study on Establishment of High-Risk Areas for the Prevention of Piracy Damage (해적피해 예방을 위한 고위험해역 등 설정 방안)

  • An, Kwang
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.39-46
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    • 2022
  • Piracy cases have been increasing globally since 2007. Recently, the waters of West Africa including the Gulf of Guinea, emerged as the most dangerous areas in the world. To prevent piracy damage to ships and crew, the Korean government amended the Piracy Damage Prevention Act on August 17, 2021 to newly define the risk area and the high-risk area for piracy. It also established the legal framework for restricting the entry of ships into such high-risk areas. This study aims to discuss and present a plan for establishing risk areas and high-risk areas for piracy to be noticed by the government in accordance with the amended Act. In this study, international piracy trends, international response measures and the status of international high-risk areas were investigated and analyzed, the matters to be considered to designate high-risk areas were identified. It is expected that the resulting information on high-risk areas for piracy can be utilized not only for the development of government policies on the prevention of piracy, but also as basic academic data.

A Study on the Redesign of Work Processes for the Appraisal of Long-Term Records in Record Centers (기록관의 장기보존기록물 평가를 위한 평가업무 프로세스 재설계 연구)

  • Jang, Hyun-Jong;Seo, Ji-In
    • Journal of Korean Society of Archives and Records Management
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    • v.21 no.4
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    • pp.183-200
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    • 2021
  • With the revision of the Public Records Management Act in 2020, it has become possible to appraise long-term records more than 30 years old in the record center. However, there was no discussion on the appraisal process except for the revision of the Public Records Management Act. This study aimed to propose a process for appraisal of long-term records in the record center, focused on the roles and functions of the record center, archives, and central archives. To confirm the status and problems of the records appraisal process, we analyzed record management standards and interviewed 4 archivists who have been working as specialists for over 10 years. Based on the analysis results, the appraisal process for long-term records in the record center was redesigned in consideration of the functions and roles of the record center, archives, and central archives.

Current State and Future Direction of Professionals of Records Management (기록물관리 전문요원의 운영 현황과 전망)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.323-353
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    • 2009
  • This study examines current states of Professionals of records management after "Records Management of public instituition Act(공공기관의 기록물 관리에 관한 법률)" was enacted in 1999. The law forced to arrange records manager in Records Center. However the hire of Professionals of records management became in earnest in 2005. Records Manager among the research officials was established in 2005 February in the Participatory Government. Because of this regulation, in 2005 July, Professionals of records management were arranged in each of 45 central department for the first time. Going through many trial and error, Professionals of records management contributed to systemizing record management of center department and office. According to "Public Records Management Act(공공기록물 관리에 관한 법률)" totally revised in 2007, sixteen major cities and its public office of education decided to employ Professionals of records management until the end of 2007. In addition, minor cities which consists of people over 150,000 and public office of education which consist of the number of students over 70,000 are supposed to have Professionals of records management until 2008, but it is not accomplished yet. Furthermore, when recruiting professionalists of records management, it is necessary to employ not as a contract or a part-time employee or but as a regular or a full-time worker. Especially, if the specialists of record management were employed as a part-time employee, they would not concentrate on their work because of their unstable social positions. It means that changes from a contract worker to a regular employee are needed without further delay. At first, records managers who were recruited at the Central Department in May 2007 had various kinds of difficulties and experienced trial and error. These days, however, they show their expertise with finding their own works. Someday in Korea, the records manager is expected to be a professional career with their know-hows and active movements.

A Study on Institutional Reliability of Open Record Information in the Information Disclosure System (정보공개제도에서 공개 기록정보의 제도적 신뢰성에 관한 연구)

  • Lee, Bo-ram;Lee, Young-hak
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.41-91
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    • 2013
  • There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.

Research on the Legal Composition and Institutional Systems of The Dao Constitution: Focusing on The Constitution of the Republic of Korea (『도헌』의 법률적 구성과 제도적 장치 연구 - 대한민국헌법을 중심으로 -)

  • Kim, Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.40
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    • pp.77-114
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    • 2022
  • The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

A Study on Increasing Security Following Mutual Interaction and Integration of Dualized Security Category between Information Security and Personal Information Protection (정보보안과 개인정보보호 간의 이원화 보안범주의 상호연계 및 통합에 따른 보안성 증대에 대한 연구)

  • Seo, Woo-Seok
    • The Journal of the Korea institute of electronic communication sciences
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    • v.13 no.3
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    • pp.601-608
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    • 2018
  • While the legislation on the protection of personal information in public institutions was enacted and amended, the guidelines and laws on information security were focused, contracted and realized with focus on specific institutions. Mutual laws and guidelines have been applied and realized for the dual purpose of securing both the asset of macroscopic information and the asset of personally identification information, which are mutually different media information. However, in a bid to present the definition and direction of the fourth industrial revolution in 2017, a variety of products and solutions for security designed to ensure the best safety line of the 21st century, and the third technology with the comprehensive coverage for all these fields, a number of solutions and technologies, including IOT(: Internet of Things), ICT Internet of Things(: ICT), ICT Cloud, and AI (: Artificial Intelligence) are pouring into the security market as if plastic doll toys were manufactured in massive scale into the market. With the rising need for guaranteeing the interrelation for securities with dualistic physical, administrative, logical and psychological differences, that is, information security and personal information security that are classified into two main categories and for the enhanced security for integrated management and technical application, the study aims to acquire the optimal security by analyzing the interrelationship between the two cases and applying it to the study results.

Disputes over IPR between Korea & US and Korea's policy response (한.미 지적재산권 분쟁과 대응방향)

  • Song, Ha-Seong
    • International Commerce and Information Review
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    • v.2 no.1
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    • pp.129-148
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    • 2000
  • 지적재산권은 기술개발의욕 자극을 위해 새로이 물건이나 사상 등의 창작자에게 일종의 배타적 독점권을 부여한 것으로서 1980년대 이후 국제적 관심이 고조되기 시작하였는데, 두 차례의 석유파동 이후 기술이 국제 경쟁력의 주요 결정요인으로 등장하던 시기에 한국을 비롯한 개도국들이 선진국의 기술을 모방하여 첨단기술제품 분야에서 경쟁적 우위를 확보하자 자신들의 경쟁력 확보를 위해 선진국들이 자신들의 통상교섭력을 바탕으로 GATT/UR 등 국제적 협상을 통해 지적재산권 보호문제를 통상문제로 확대시킨 것이다. 이러한 지적재산권에 대한 통상문제와 관련하여 가장 문제가 되는 국가는 역시 미국인데, 미국은 통상법 301조 중 지적재산권 보호에 적용되는 Special 301조를 이용하여 지적재산권 보호에 대한 실효성을 확보하였으며, 당초 제품수입상의 불공정거래행위에 적용하던 관세법 337조를 지적재산권을 침해하는 수입 판매행위에도 적용할 수 있도록 개정함으로써 그 보호수단을 더욱 강화하였는데, 이에 따라 우리도 적절한 대응방안의 모색이 요구되고 있다. 우선 정부의 입장에서는 대내적으로 원천기술 및 개량기술 개발을 통한 기술의 해외의존도 축소, 인센티브 도입 등 직무발명제도 활성화, 해외특허권 취득확대를 위한 중소기업의 해외출원비용 지원, 심사관의 전문화롤 통한 심사의 처리속도 및 질 향상, 특허기술정보 이용체제 개선을 위한 특허청의 정보전산화 및 산업기술정보원 톡허정보센타와의 유기적인 협조체제 구축, 기업의 특허분쟁대응능력 향상을 위한 전담부서 마련 및 국제특허분쟁 전문변리사 양성 등의 대안을 마련할 필요가 있으며, 대외적으로는 PLT협약 등 차후에 있을 국제협약에의 적극적인 참여를 통한 우리나라의 이익도모, 남북 가교역할의 강화 및 한 미 양국간의 법제적 차이에 대한 오해불식, 해당 산업에 영향을 줄 수 있는 로비 활동의 활성화 등의 대안이 필요하다. 또한 기업의 입장에서는 사전적으로 과감한 연구개발투자를 통한 산업재산권 확보, 기술 법률 언어능력을 고루 갖춘 특허전문가의 확보, 국제특허분쟁에 대한 대응체계 구축, 특허권 분쟁발생 방지를 위한 책임소재의 명확화 등의 근본적인 대책과 국제특허분쟁 차단을 위한 철저한 선행기술 조사, 해외기술의 개량 및 이용 촉진을 위한 크로스-라이센스의 활성화, 부실특허권에 대한 적극적인 무효심판청구, 제소정보에 대한 조기 입수, 설계변경이나 특허무효자료조사 등 침해회피 방법의 준비, 위험특허에 대한 철저한 예비조사 등의 부수적인 대책을 마련할 필요가 있으며, 일단 특허분쟁이 발생한 경우에는 당해 분쟁의 자사 생산 제품과의 관련여부 검토, 사건에 필요한 광범위한 정보 수집을 위한 전담팀 구성, 제소인의 특허권에 대한 면밀한 법률적 검토, 제소자에 대한 정확한 정보파악 및 최종 대응방안에 대한 신속한 결정, 자사의 특허를 이용한 제소자에 대한 역제소 등의 대응방안을 강구할 필요가 있는 것이다.

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Policy Network Analysis on the Legislation Process of Internet Contents Regulation (인터넷내용규제 입법과정에 관한 정책네트워크 분석)

  • Song Sung-Soo;Kwon Gi-Chang
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.83-110
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    • 2004
  • This article examines the legislation process of internet contents regulation through three phases from a policy network point of view. In the first phase, heated debates were initiated during the public hearings after the Ministry of Information & Communications announced its plan to introduce the internet contents grading system During the second phase, bills were submitted to the Standing Committee of the National Assembly, where the bills were deliberated, passed, and promulgated. In the third phase, issues on enforcement ordinance were resolved as the degree of conflict was mitigated. Policy network during the first phase started in a conflicting and distributed form, but has evolved into a conflicting and centralized form. The appropriate closure of the debate on the internet contents regulation can be explained by the structure of governmental departments, the character of new technology, and the mobilization of general public.

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The Legal Character of Social Welfare Corporations And The Necessity of The Outside Director System (사회복지법인의 법적 성격과 외부이사제의 필요성 - 학설과 판례 분석을 중심으로 -)

  • Kim, Yeon;Kim, Jungwoo
    • Korean Journal of Social Welfare
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    • v.67 no.4
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    • pp.181-202
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    • 2015
  • This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

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