• Title/Summary/Keyword: 미국 행정법

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Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013
  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

Historical Observation and the Characteristics of the Records and Archives Management in Korea (한국 기록관리의 사적 고찰과 그 특징)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.34
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    • pp.221-250
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    • 2012
  • This paper introduces the characteristics of the records and archives management of Korea from Joseon dynasty to now. This paper also explains historical background of making the records and archives management in Joseon dynasty. This paper introduces the process of establishment of modern records management system by adopting records management system and public administration of USA after liberation in 1945. The Joseon bureaucrats established systematic methodologies for managing and arranging the records. Jeseon dynasty managed its records systematically since it was a bureaucratic regime. It is also noticeable that the famous Joseonwangjosilrok(Annals of Joseon dynasty) came out of the power struggles for the control of the national affairs between the king and the nobility during the time of establishment of the dynasty. Another noticeable feature of the records tradition in Joseon dynasty was that the nobility recorded their experience and allowed future generations use and refer their experiences and examples when they performed similar business. The records of Joseon period are the historical records which recorded contemporary incidents and the compilers expected the future historians evaluate the incidents they recorded. In 1894, the reformation policy of Gaboh governments changed society into modernity. The policy of Gaboh governments prescribed archive management process through 'Regulation(命令頒布式)'. They revised the form of official documents entirely. They changed a name of an era from Chinese to unique style of Korean, and changed original Chinese into Korean or Korean-Chinese together. Also, instead of a blank sheet of paper they used printed paper to print the name of each office. Korea was liberated from Japanese Imperialism in 1945 and the government of Republic of Korea was established in 1948. In 1950s Republic of Korea used the records management system of the Government-General of Joseon without any alteration. In the late of 1950's Republic of Korea constructed the new records management system by adopting records management system and public administration of USA. However, understanding of records management was scarce, so records and archives management was not accomplished. Consequently, many important records like presidential archives were deserted or destroyed. A period that made the biggest difference on National Records Management System was from 1999 when was enacted. Especially, it was the period of President Roh's five-year tenure called Participation Government (2003-2008). The first distinctive characteristic of Participation Government's records management is that it implemented governance actively. Another remarkable feature is a nomination of records management specialists at public institutions. The Participation Government also legislated (completely revised) . It led to a beginning of developing records management in Republic of Korea.

U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea Focus on the Example of Every Countries' Legislation (한국(韓國)에 있어서 항공안전인(航空運送人)의 민사책임(民事責任)에 관한 국내입법(國內立法)의 제문제(諸問題) ${\sim}$각국(各國)의 입법례(立法例)를 중심(中心)으로 하여${\sim}$)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.9-53
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    • 2004
  • This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

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A Study on Practical Analyzing and Improving Disaster Management Organization of Korean Government (재난관리조직의 실태분석과 발전방안)

  • 권오한;남상화;이춘하
    • Fire Science and Engineering
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    • v.15 no.1
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    • pp.127-138
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    • 2001
  • I. introduction. A government goal at the present is established to make a welfare nation and to keep people's safe living, but it is criticised that when a large-scale disaster happens, the authority concerned could not deal with it, causing many people injured and material damage. Moreover, in these days, cities have many risk factors. extremely large and intelligent building, industrial facilities and underground equipment have many risk themselves along with scientific progress. The cope with disaster effectively, government must have efficient organization, skillful personnel, tool, facilities and so on. To reduce the damages, what's the most effective government organization\ulcorner II. Government organization for managing disaster In a few decades, a large-sized accidents broke out in korea, for example, collapse of Sampoong department store, break of Sungso bridge, explosion of Daegu city gas, gas explosion accident at Ahyon-dong etc. but government has not any adequate disaster response organization. Especially, after collapse of Sampoong department store broke out, Disaster Management Act is enacted to solve the past problem. According to Disaster management Act, disaster is limited in manmaid disaster. Therefore, in this thesis, disaster management is inspected theoretically, organization of disaster management for pattern of disaster, and role, duty of government organization, emergency relief organization system and actual conditions are analyzed. there are some problems. there are trials and errors. the government has changed the disaster management organization by the disaster management law. the organization consists of central and local government. but both of government do not work together harmoniously. in thesis, I would like to introduce the advanced nations disaster management organization, and study our central, local government organization. III. Conclusion Change and development of the government disaster management organization is the goal of this thesis. we have to increase public service in response and manage disaster. protecting civilian's life from the disaster is very important responsibility of government. there would be better way of government disaster management organization.

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A Study on freedom of information in the Government 2.0 era (거버먼트 2.0 기반의 정보공개제도 개선방안에 대한 연구)

  • Kim, You-seung
    • The Korean Journal of Archival Studies
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    • no.25
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    • pp.197-231
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    • 2010
  • The concept of Government 2.0 is spreading rapidly in many countries and is fundamentally changing existing freedom of information system which has passively responded to information demands. This study aims at discussing possible strategies for a new freedom of information system that is based on the Government 2.0 notion which presents revolutional approaches to public sector information's creation, management, and usage. For the purpose of the study, precedence studies and researches about both freedom of information system and Government 2.0 are analyzed. Furthermore, mutual relationships between them are discussed. Through this discussion, social and economic benefits from freedom of information systems which are based on Government 2.0 are explored. As a case study, Data.gov services in the US, the UK, and Australia which are recognised as a feasible plan to set up Government 2.0 are analyzed. Their three common characteristics- revaluating public sector information's reuse, establishing exclusive agencies, and providing raw data-are discussed. Then, various mashup services which use Data.gov services' raw data are also studied. Issues related to the freedom of information system in South Korea are examined. As a result, a policy framework for establishing Government 2.0 based freedom of Information system is discussed in terms of three aspects, law, technology and organization.

A Study on the Role of Local Governments in the Era of Generative Artificial Intelligence: Based on Case Studies in Gyeonggi-do Province, Seoul City, and New York City (생성형 인공지능 시대 지방정부의 역할에 대한 연구: 경기도, 서울시, 뉴욕시 사례연구를 바탕으로)

  • S. J. Lee;J. B. Kim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.3
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    • pp.809-818
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    • 2024
  • This paper proposes an action plan for local governments to safely utilize artificial intelligence technology in various local government policies. The proposed method analyzes cases of application of artificial intelligence-related laws and policies in Gyeonggi Province, Seoul City, and New York City, and then presents matters that local governments should consider when utilizing AI technology in their policies. This paper applies the AILocalism-Korea analysis methodology, which is a modified version of the AILocalsm analysis methodology[1] presented by TheGovLab at New York University. AILocalism-Korea is an analysis methodology created to analyze the current activities of each local government in the fields of legal system, public procurement, mutual cooperation, and citizen participation, and to suggest practical alternatives in each area. In this paper, we use this analysis methodology to present 9 action plans that local governments should take based on safe and reliable use of artificial intelligence. By utilizing various AI technologies through the proposed plan in local government policies, it will be possible to realize reliable public services.

A study on the case of education to train an archivist - Focus on archival training courses and the tradition of archival science in Italiy - (기록관리전문가의 양성교육에 관한 사례연구 -이탈리아의 기록관리학 전통과 교육과정을 중심으로-)

  • Kim, Jung-Ha
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.201-230
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    • 2001
  • Conserving the recored cultural inheritance is actually the duty of all of us. Above all, the management and conservation of archives and documents is up to archivists who have technical knowledge about archival science. Archivists have to not only conserve archives and documents but also carry out classifying and appraising them in order to define them as current historic ones. The fundamental education about archival science is made up of history and law. Because Archive is the organisation which manage archives and documents produced by legal and administrative actions. Although there are still arguments about technical knowledge and degree archivists have to acquire, most of them prefer the studies related with history and emphasize legal studies to be the general boundary of archivits' ideology and trust. The training course about conservation of archives is conducted in about 9 National Archives of Torino, Milano, Venezia, Genova, Bologna, Parma, Roma, Napoli, Palermo. The training course in 19th was mostly based on the lectures of Phaleography, Diplomatics. There were not the education about archival science yet. Toward the end of 19th and 20th, people stressed the most basic subject in the training course of National Archive was not Phaleography and Diplomatics but archival science. The goal of archival science is to study the institution and organisation transferring archives and documents to Archive. And also it help archivists not wander about with ignorance of organisational and original procedures and divisions but know exactly theirs works. Like this, the studies on institution and organisation have got in the saddle as a branch of archival science since a few ten years. While archival science didn't evoke sympathy among people and experienced the tedious and difficult path in italy and other countries, Archive was managed by experts of other branches. As a result, there were a lot of faults in Archival Science. Specializing training course for Italian archivists came into being under the backdrop of Social Science Institute of Roma National University in 1925. The archival course of universities accomplished by the studies of history, law and economy. And such as Eugenio Casanova and Giorgio Cencetti were devoted archival science was abled to settle down in national archive. The training course for experts of 'archival science, 'Phaleography and Diplomatics' in National Archive of Bologna(Archivio di Stato di Bologna) is one of courses conducted in 17 National Archives in italy. This course is gratuitous and made up of 8 subjects(Archivistica, Paleografia, Diplomatica, Storia dell' Archivio, Notariato e documenti privati, istituzione medievale, istituzione moderna, istituzione contemporanea) students have to complete for two years. Students can receive the degree through passing twice written exam and once oral test. After department of Culture and education finally puts the marks of students, the chief Nationa Archive of Bologna confer the degree of 'archival science Phaleography and Diplomatics' on students passing the exams. This degree authenticates trainees' qualification which enables him to work at the archive in province, district and administrative capital city and archive of comunity and so on. Italian training course naturally leads archivists to keep in contact with valuable cultural inheritance through training in Archive. And it shows the intention to strengthen the affinity with each documents in the spot of archival management before training archivists. Also this is appraised as one of positive policies to conserve the local cultual inheritante in connection with the original qualitity of national archive with testify the history of each region. Traning course for archivist in Italy shows us the way how we have to prepare and proceed it. First, from producing documents to conserving than forever there has introduced 'original order that is to say a general rule to respect the first order given at the time producing documents'. Management of administrative documents is related consistently with one of historical documents. Second, the traning course for archivist is managing around 17 national archives. because italian national archive lay stress not or rducation of theory bus on train for archivest working in the first time of archival science. Third, diplomatics and phaleography for studies about historical document support archives. Forth, the studies on history id proceeding by cooperation between archivist and historian around archive. How our duties is non continuinf disputer who has to conserve and manage document and archives, but traing experts who having ability, vision and flexible thought, responsibility about archivals.

Environmental Pollution in Korea and Its Control (우리나라의 환경오염 현황과 그 대책)

  • 윤명조
    • Proceedings of the KOR-BRONCHOESO Conference
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    • 1972.03a
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    • pp.5-6
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    • 1972
  • Noise and air pollution, which accompany the development of industry and the increase of population, contribute to the deterioration of urban environment. The air pollution level of Seoul has gradually increased and the city residents are suffering from a high pollution of noise. If no measures were taken against pollution, the amount of emission of pollutant into air would be 36.7 thousand tons per year per square kilometer in 1975, three times more than that of 1970, and it would be the same level as that of United States in 1968. The main sources of air pollution in Seoul are the exhaust has from vehicles and the combustion of bunker-C oil for heating purpose. Thus, it is urgent that an exhaust gas cleaner should be instaled to every car and the fuel substituted by less sulfur-contained-oil to prevent the pollution. Transportation noise (vehicular noise and train noise) is the main component of urban noise problem. The average noise level in downtown area is about 75㏈ with maximum of 85㏈ and the vehicular homing was checked 100㏈ up and down. Therefore, the reduction of the number of bus-stop the strict regulation of homing in downtown area and a better maintenance of car should be an effective measures against noise pollution in urban areas. Within the distance of 200 metres from railroad, the train noise exceeds the limit specified by the pollution control law in Korea. Especially, the level of noise and steam-whistle of train as measured by the ISO evaluation can adversely affect the community activities of residents. To prevent environmental destruction, many developed countries have taken more positive action against worsening pollution and such an action is now urgently required in this country.

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Research Trends and Future Directions for R&D Vitalization of Domestic Dairy Industry (국내 유가공산업의 R&D활성화를 위한 연구 동향과 방향)

  • Yoon, Sung-Sik
    • Journal of Dairy Science and Biotechnology
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    • v.29 no.1
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    • pp.23-31
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    • 2011
  • Domestic dairy industry is now standing at the crossroad for planning next fifty years, mainly because economic and environmental situations surrounding Korean peninsula are fast changing. For the aspects of dairy consumption, fresh milk consumed less, while consumption of the other milk and dairy products is slightly increasing every year. In 2010, it is approximately estimated that 1,939,000 tons of raw milk was used and the supply would be short by about 35,000 tons, based on the amounts in the previous year. Currently, multilateral negotiations against US and EU are underway. When it will be in effect in the future, significant damage would be expected in the dairy and livestock sectors, leading to cut domestic milk supply. Quality of farm-gate milk is graded as 1A on average 90% or more, loaded with very low in microbial and somatic cell counts. Therefore, policy implications have to be placed toward switch currently the UHT processing method to Pasteurization or the LTLT technology, by which natural flavors and nutrients in milk mostly remain after heat treatment. Domestic cheese products comprise only 10% and the rest is occupied by the various kinds of imported natural products. The market size keeps increasing up to 65,423,000 tons last year. When it comes to vitalization of our natural cheese industry, cheese whey, which is a main by-product in cheese manufacture, is a critical issue to be solved and also "On-Farm Processing" would be combined with a growth of big dairy companies when few immediate issues among the relevant regulations will be eased and alleviated in the near future. Fermented milk market is recorded as a single area of gradual increase in the past 10 years, Korea. Fermented yogurts with health claims targeted stomach, liver, and intestine are popular and has grown fast in sales amounts. In this context, researches on beneficial probiotic lactic acid bacteria are one of the important projects for domestic milk and dairy industries. Labelling regulations on efficacy or health-promoting effects of functional dairy products, which is the most important issue facing domestic dairy processors, should be urgently examined toward commercial expression of the functionality by lawful means. Colostrum, a nutrition-rich yellowish fluid, is roaded with immune, growth and tissue repair factors. Bovine colostrum, a raw material for immune milk preparations and infant formula, can be used to treat or prevent infections of the gastrointestinal tract. Nanotechnology can be applied to develop new milk and dairy products such as micro-encapsulated lactase milk for consumers suffering lactose intolerance. Raw milk is suggested to be managed by its usage in the processing line because imbalance of supply and demand is structural problem in every country and thus the usage systems as in the advanced dairy countries is worth of bench-marking to stabilize milk supply and demand. Raw milk produced is desirable to divide into the three parts; domestic, import, and buffering purposes. It is strongly recommended that a domestic dairy control center as an institutional framework should be urgently established as is Dairy Board in New Zealand and Australia. Lastly, government policy should be directed to foster the highly-educated people who are majoring in Dairy Sciences or working in the dairy industry by means of financial support in studying and training abroad as well.

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