• Title/Summary/Keyword: 국가의 보호의무

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Changes in Child Care Compensation Criteria by the German Constitutional Court (독일 연방헌법재판소에 의한 자녀 양육비 보상 기준의 변화)

  • Lee, Shinyong
    • 한국사회정책
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    • v.25 no.2
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    • pp.165-189
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    • 2018
  • Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

Study of IoT Service Strategy for Prevent Disasters (재난재해 감소를 위한 사물인터넷 서비스)

  • Yoon, YoungDoo;Choi, Hun
    • The Journal of the Korea Contents Association
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    • v.17 no.11
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    • pp.102-109
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    • 2017
  • The Nation's Constitution stipulates that the nation should strive to prevent disasters and protect the public from harm. That is, the nation is a protector of the protection of people's lives and property from potential danger. The disasters are the most important global issues, and disasters scope are not confined to natural disasters such as pre-existing earthquakes, landslides, floods, fires and fires extend to cyber terror and disease. In the age of IoT and ability of analyze big data, the establishment of a disaster prevention service system in modern society is a priority for the nation. In this study, we will explore the disaster prevention services for each country using IoT technology. Based on the research, it is believed that it will be the foundation for establishing strategies for service system of disasters using IoT technology.

A Review on the Legal rights and obligation from the legal status of registered security guard (청원경찰의 법적 지위에 따른 권한과 의무)

  • Han, seung;Kim, yong geun
    • Korean Security Journal
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    • no.44
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    • pp.251-278
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    • 2015
  • Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

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Interview - "An architect is a professional who implements 'architecture' as a social public good to... Help support for a better work environment" (인터뷰 - "건축사는 사회 공공재 '건축' 구현하는 전문가… 보다 나은 업무환경 지원에 손 보탤 것")

  • 육혜민
    • Korean Architects
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    • s.653
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    • pp.32-36
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    • 2023
  • 지난 3월 권영걸 위원장이 국가건축정책위원장으로 취임하며 국가건축정책위원회(이하 국건위)가 새롭게 거듭났다. 제7기 국건위는 자연친화적인 국토환경, 건강한 생태도시 구현을 목적으로 '공원같은 나라, 정원같은 도시'를 슬로건으로 내걸고, 스마트 기술을 기반으로 도시의 쾌적성을 높여 국민 삶의 질을 높이고자 한다. 국가와 사회의 과제를 건축공간적 해법으로 풀겠다는 목표다. 이를 위해 국가상징공간 조성, ESG+Art 기반 선진 생태도시 모델 제시, ICT 융·복합 기반 '한국형 건축도시' 개발, 지방소멸에 대응한 도시건축 사업 추진 등 네 가지 중핵과제를 설정, 불철주야 노력하고 있다. 지난 7월 28일 권영걸 위원장을 직접 만나 정책 방향을 물어봤다. 한편 권영걸 위원장은 이날 인터뷰에서 "8월 3일부터 협회 의무가입제도가 도입된 것을 축하드린다. 이를 계기로 건축계 의견을 하나로 모으고, 건축사들의 직업윤리를 강화할 수 있게 됐다는 점에서 건축산업 발전에 크게 기여하게 될 것으로 기대한다"고 말했다. 그러면서 "건축사들의 직업적 권위가 보호되고 스스로 국가 디자이너이자 신문명 디자이너라는 시각을 갖고 일할 수 있도록 제반환경이 조성돼야 한다"며 "협회가 그런 길을 인도할 수 있는 역할을 해주시길 바란다. 국건위도 열심히 돕겠다"고 밝혔다.

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Exceptions and Practical Operations to Independent Payment Obligation of Issuer under L/C Transactions (신용장발행은행의 독립지급의무의 실무적인 운용과 예외)

  • Kim, Sun-Ok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.89-110
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    • 2018
  • This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

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An Exploratory Study on the impact of EU Adequacy Decision on GDPR compliant companies (EU 적정성 결정이 GDPR 대상기업에 미치는 영향에 관한 탐색적 연구)

  • Kim, YoungSoo;Chang, Hangbae
    • Journal of Platform Technology
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    • v.9 no.4
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    • pp.32-41
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    • 2021
  • The EU enacted a law strongly regulating the GDPR to protect the privacy of its citizens on 25 May 2018. Compliance with GDPR is an essential prerequisite for companies to enter the European market in the global economic era. In this paper, Step-by-step measures have been defined to conclude DPA agreements for the appropriate level of protection against EU personal data transfer. To explore the benefits and expected effects of determining appropriateness at the government level. As a result, enterprises benefit from simplifying processes, reducing time, and reducing costs when entering the EU. Government-level support in response to personal data breach and communication with the EU Commission will have a positive impact, However, even after the adequacy decision, the entity continues to need activities to secure personal data through compliance with GDPR principles and obligations. Major operations of companies that comply with GDPR are also maintained as important tasks that must be observed in most cases except for the Data Protection Agreement.

Comparing Qualifications of Korea and US Information Security Consultants: Focused on Job Ads (한국과 미국의 정보보호 컨설턴트의 자격요건 비교: 구인광고를 중심으로)

  • Lim, Jae-Jung;Kim, Ha-Young;Kim, Tae-Sung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.5
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    • pp.1157-1166
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    • 2017
  • Demand for information security consulting is increasing as the number of major information infrastructure facilities in the country is increasing and the subject of ISMS mandatory certification is expanded. The demand for manpower also increases, but the manpower to meet the needs of industry is scarce. In order to cultivate the manpower that meets the demand, the demand of the industry should be grasped first. Therefore, this study collected and analyzed job advertisements in Korea and the United States in order to grasp the needs of industry. This will contribute to the development of policy to cultivate human resources of consultants in accordance with the future demand of the enterprise, and ultimately it will be able to solve the quality disparity of security consulting personnel.

Comparative Study on Major Nations's Related Legislation for Counter-terrorism (테러대응 관련 법제의 국가별 비교 연구)

  • Kwon, Jeong-Hoon
    • The Journal of the Korea Contents Association
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    • v.10 no.1
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    • pp.343-352
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    • 2010
  • As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

A Study on Models for Strengthening Infrastructure Protection through Analysis of Cyber Intrusions (침해사고 분석을 통한 기반시설 보호 강화 모델 연구)

  • Yoon, Oh Jun;Han, Bok Dong;Park, Jeong Keun;Seo, Hyung Jun;Shin, Yong Tae
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.29-36
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    • 2015
  • The hacking threats made against the Korea Hydro & Nuclear Power(KNDP) and the leakage of critical information on nuclear power safety raised the public awareness on the importance of protecting and managing national infrastructure necessary for sustaining the state and society. Cyber security activities and relevant institutions in the ROK, however, are still insufficient, because of which there is a possibility that similar incidents would reoccur and cause serious damages. Hence, a grave and direct threat is posed to the national security of the ROK. In this thesis, I would like to give my analysis and assessment on the recent cyber intrusions against infrastructure at home and abroad, measures established in response and their implementation, and the deficiency of the existing infrastructure protection system ; and lastly propose measures to reinforce infrastructure protection of the ROK.

Problem Analysis and Improvement Strategy for the Suicide Prevention Act (자살예방법의 문제점과 개선방안)

  • Shin, Kwon-Chul
    • Journal of Legislation Research
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    • no.44
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    • pp.689-723
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    • 2013
  • Suicide is Korea's first leading cause of death in their twenties and thirties. at a rate of 31.2 per 100,000 in 2010. The Korea suicide rate is over twice higher than OECD's average rate. Because of this reality the suicide prevention act(full title, the Act on Prevention of Suicide and Creation of Culture that Respects Life) was enacted in 2011. In 2008, the Korean government planned the suicide prevention programs to decrease the incidence of suicide to approximately 20 per 100,000 by the end of 2013. Despite the plan the suicide rate in Korea has increased to over 30 per 100,000 since 2009 and the plan was proved to be failed. Consequently, the government was unable to lower the suicide rate in last decade. It has shown that the reduction of suicide rate is a difficult and complex problem. This study shows that the root cause of suicide is based on social and legal exclusion and proposes that suicide prevention measures should be aimed at social cohesion and legal protection.