• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 2021

Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

• Journal of Korean Institute of Fire Investigation
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• v.9 no.1
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• pp.103-121
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• 2006

We are living in more comfortable circumstances with the social developments and the improvement of the standard of living, but, on the other hand, we are exposed to an increase of the occurrences of tires on account of large-sized, higher stories, deeper underground building and the use of various energy resources. The materials of the floor in a residence modern society have been going through various alterations in accordance with the uses of a residence and are now used as final goods in interioring the bottom of apartments, houses and shops. There are so many kinds of materials you usually come in contact with, but in the first place, we need to make an experiment on the spread of the fire with the hypocaust used as the floors of apartments, etc. and the floor covers you usually can get easily. We, scientific investigators, can get in contact with the accidents caused by incendiarism or an accidental fire closely connected with petroleum stuffs on the floor materials that give rise to lots of problems. on this account, I'd like to propose that we conduct an experiment on fire shapes by each petroleum stuff and that discriminate an accidental tire from incendiarism. In an investigation, it seems that finding a live coal could be an essential part of clearing up the cause of a tire but it could not be the cause of a fire itself. And besides, all sorts of tire cases or fire accidents have some kind of legislation and standard to minimize and at an early stage cope with the damage by tires. That is to say, we are supposed to install each kind of electric apparatus, automatic alarm equipment, automatic fire extinguisher in order to protect ourselves from the danger of fires and check them at any time and also escape urgently in case of fire-outbreaking or build a tire-proof construction to prevent flames from proliferating to the neighboring areas. Namely, you should take several factors into consideration to investigate a cause of a case or an accident related to fire. That means it's not in reason for one investigator or one investigative team to make clear of the starting part and the cause of a tire. accordingly, in this thesis, explanations would be given set limits to the judgement and verification on the cause of a fire and the concrete tire-spreading part through investigation on the very spot that a fire broke out. The fire-discernment would also be focused on the early stage fire-spreading part fire-outbreaking resources, and I think the realities of police tire investigations and the problems are still a matter of debate. The cause of a fire must be examined into by logical judgement on the basis of abundant scientific knowledge and experience covering the whole of fire phenomena. The judgement of the cause should be made with fire-spreading situation at the spot as the central figure and in case of verifying, you are supposed to prove by the situational proof from the traces of the tire-spreading to the fire-outbreaking sources. The causal relation on a fire-outbreak should not be proved by arbitrary opinion far from concrete facts, and also there is much chance of making mistakes if you draw deduction from a coincidence. It is absolutely necessary you observe in an objective attitude and grasp the situation of a tire in the investigation of the cause. Having a look at the spot with a prejudice is not allowed. The source of tire-outbreak itself is likely to be considered as the cause of a tire and that makes us doubt about the results according to interests of the independent investigators. So to speak, they set about investigations, the police investigation in the hope of it not being incendiarism, the fire department in the hope of it not being problems in installments or equipments, insurance companies in the hope of it being any incendiarism, electric fields in the hope of it not being electric defects, the gas-related in the hope of it not being gas problems. You could not look forward to more fair investigation and break off their misgivings. It is because the firing source itself is known as the cause of a fire and civil or criminal responsibilities are respected to the firing source itself. On this occasion, investigating the cause of a fire should be conducted with research, investigation, emotion independent, and finally you should clear up the cause with the results put together.

• Journal of Korean Society of Disaster and Security
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• v.9 no.2
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• pp.53-62
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• 2016

This paper is shown the new method using LED Light, which the light environment is upgraded the natural LED light in the area of Disaster Prevention and Safety Management (PDSD), which the events of deaths is reduced on the Suicide, the Infectious diseases, the safety accidents, the Traffic Accident, the crime, the fire, the Nature Disaster, and which the health and the environment and the safety is implemented using the value of the color LED Light. Research findings include,during 3 weeks in the November 2016, in the ten residents (average living 28.7 years, age 67.5 years) with depressive symptoms in the northern part of Seoul, according to the request of the user, the PDSD natural light LED lighting was installed in the home bedroom or the living room, expectations for the ability to restore physical and mental stability were high (88%), in the same way, after 1 week and 3 weeks, the physical and mental changes were compared and the results,84% in the first week and 90% in the third week and thereafter, the effect of relieving depression was high. We conclude that patients with depression have a good sleep, an uneasy feeling, a sense of security, a good night's sleep, and a good feeling. The PDSD LED Light is expected to contribute in the various areas, which reduced the suicides, which give increased immunity from infectious diseases, which give a crash to reduce accidents caused by negligence, which improve the safe operation of heavy vehicles in which a traffics accident incidence installed on the highest point, which improve the safety function on the 'safety way home' for the safety of the community, which due to fire gives alleviate the emotional anxiety of firefighters, which improve the environment for long-term control room working during decision making caused by natural disasters.

• Journal of Korean Classical Literature and Education
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• no.38
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• pp.175-200
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• 2018

From the point of view of the law and public morals in Yi-dynasty, it is possible to discover new meanings in the love of Chunhyang and Mongryong-Lee, the conflicts between Chunhyang and Hakdo-Byeon, and the rescue of Chunhyang by Mongryong-Lee as a secret royal inspector. First, although the love of Chunhyang and Mongryong-Lee was against the law and public morals of Yi-dynasty, the narrator did not call to account, but he described the love as a romantic and new one conflicting with the ruling system. And it was an unprecedented case that Chunhyang asked a written contract as a legal guarantee for marriage when Mongryong-Lee courted her. Second, Hakdo-Byeon, the Namwon county governor, accused Chunhyang, a female entertainer of the Namwon county, of disobedience to his oder and contempt of him, and interrogated her with torture when she denied his demand for bed service which was prohibited by law. Chunhyang refuted against him and regarded his demand for bed service as the rape of a married woman. In this process, narrator sharply contrasted Chunhyang's claim for human rights with Hakdo-Byeon's legal administration. Characters such as people of Namwon county and king did not call Mongryong-Lee to account for that he, as a secret royal inspector, allegedly used his power privately to rescue his sweetheart Chunhyang from Hakdo-Byeon's illegal oppression. These different judgements on legal administrations of Hakdo-Byeon and Mongryong-Lee came from the legal emotion of characters and reading publics of . Namely, people who sympathized with Chunhyang's claim for love and human rights had the legal emotion that Mongryong-Lee's administrative order suspending Hakdo-Byeon's govenor's status could be approved as an legal and exciting one. Therefore the love of Chunhyang and Mongryong-Lee implied a new legal emotion which based on the sympathy with Chunhyang's human rights consciousness, and regarded the positive law of Yi - dynasty as one behind times.

• Journal of Legislation Research
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• no.54
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• pp.193-216
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• 2018

Das Leben des Embryos ist als solche ein Rechtsgut, das einen durch das Strafrecht hinreichend $gesch{\ddot{u}}tzt$ werden sollen. Daher versteht es sich von selbst, $da{\ss}$ auch bei der Schwangere die ihren eigenen $empf{\ddot{a}}ngenen$ Embryo beseitigenden Handlungen nicht $unbeschr{\ddot{a}}nkt$ gebilligt werden $k{\ddot{o}}nnten$. Es $k{\ddot{o}}nnte$ bei der Schwangere wegen ihrer $Interessenverh{\ddot{a}}ltnisse$ mit ihrem Embryo z. B. endlosen deren Verantwortlichkeiten nur die $Erlaubnism{\ddot{o}}glichkeiten$ ${\ddot{u}}bergelegt$ werden. Wie der Bundesverfassungsgericht schon ${\ddot{u}}berzeugt$ hat, $k{\ddot{o}}nnte$ das Leben des Embryos keinen vom Strafrechtschutz $ausschlie{\ss}enden$ Teil anerkannt werden, sondern nur in besonderen $F{\ddot{a}}llen$ ausnahmsweise dessen Verletzung erlaubt werden. ${\ddot{U}}ber$ die Reichweite der ausnahmsweisen anerkannten Erlaubnisse gegen einer Rechtsgutsverletzung sollte es im Allgemeinen $abh{\ddot{a}}ngig$ unter Zeitraum und Umwelt konkret ausgefargt werden. Daher kann eine konkrete Diskussion ${\ddot{u}}ber$ Rechtsfertigungsgrund des Schwangerschaftsabbruchs nur erstenmal anfangen, nachdem ein strafrechtlicher Schutz des Embryolebens $pr{\ddot{a}}zis$ ausgeforscht wird. Bis jetzt hat das Strafrecht das Rechtsgut als Leben des Embryos zu leicht bewertet und damit hat die Strafe des Schwangerschaftsabbruchs zu niedrig bestimmt. Die niedrige Strafe des Schwangerschaftsabbruchs $enth{\ddot{a}}lt$ die Gefahr, die die Erlaubnisreichweite des Schwangerschaftsabbruchs ungerecht ausdehnt. Die Handlung der Schwangere sollte minder bestraft werden, um das Sebstbestimmungsrecht der Schwangere hoch $w{\ddot{u}}rdigen$ zu $k{\ddot{o}}nnen$. Letztlich braucht der Versuch des Schwangerschaftsabbruchs zu bestrafen. Der Versuch und die Vollendung ${\ddot{u}}ber$ die Verletzung des Embryolebens sollten deren Unterschiede im ihren Unrechtsgehalt anerkannt werden, weil der Normzweck des Schwangerschaftsabbruchs im Schutz des Lebens des Embryos besteht. Und damit in den $F{\ddot{a}}lle$, die in Folge des versuchten Schwangerschaftsabbruchs die Schwangere verletzt oder gestorben wird, $k{\ddot{o}}nnten$ die Meinungsstreiten $aufgeh{\ddot{o}}rt$ werden.

• (The) Research of the performance art and culture
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• no.42
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• pp.47-75
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• 2021

This thesis looks into the interpretation of the Korean War and mystery genre in Korea in the 1970s by analyzing the special drama , in which the theme was directly related to the Korean War, airing through MBC in 1979. It begins by finding the change in direction in the 1970s when the world of TV was dictated through the heavy censorship and the memory of the war by the government. It also looks at the intentions of the producer who was taking in the new way and the viewers who also accepted this drama and its reflections. In order to gain some insights into these issues, it compares between the drama "The Last Witness" and the original novel by Seong-jong Kim who holds the same time to see the way in which this is dramatized. The drama, "The Last Witness", was produced with a plan to generate a high-quality special drama which combined both artistry and sense of purpose. Nevertheless, as watching TV became a leisurely past-time during this period, TV dramas become more aggressive and suggestive in order to attract viewers. This ultimately was encored with obstacles due to the regime and the heavy censorship at the time. The genre of special drama that is well known in South Korea, is designed as an art form to satisfy both their unique artistry and its purpose. The conflict is seen between the key elements of the artistic drama crated by the producers and the 'encouraged' elements that often are needed to engage the viewers. Thus, more often than not, special dramas defeat the original intention of national harmony, encouraged by the regime. This is due to the 'novelty' aspect which grows from the effort of bringing enjoyment to viewers whilst also trying to achieve the artistic drama to life. Alongside this, crime element in this drama is designed in a way that visually embodies the process of deduction, becoming a new possibility to secure the reality of the times. However, it was also a paradoxical existence since it was indicated as an example of unrefined culture that lost its original intention. In that way, it is worth to think that detective suspense stories, which were not popular in Korea, influenced viewers as a tv drama series in the 1970s through the various elements that compose the genre. They went through a process of transplantation and acceptance whilst also attempting to satisfy the viewers and their encouraged elements to engage them. As is well known, crime drama in Korea has its own style by mixing anticommunism and detective reasoning. This combination is found in the way in which the genre naturally forms through the elements selected and excluded in the dramatization of "The Last Witness". The point is that the special drama "The Last Witness" can be seen as an intermediate form that shows the tendency of transformation from the detective reasoning form alongside the crime aspects as TV dramas began to include anticommunism messaging and investigation in the 1970s. In conclusion, when the detective reasoning is used as an element in a TV drama, it shows the trust of the public system and it constantly seeks the possibility of circumventing the political interpretation. The memories of the war is seen as a tool that neutralizes the dismal imaginations inscribed on the dark side of society and the system. As a result, "The Last Witness", broadcasted at the end of the Yushin regime in Korea, is a strange result which combines the logic of a special drama and the encouraged characteristics of television dramas. The viewers' desire which is the discussion about the hidden traces from the texts needs to be restored again.

• Korean Security Journal
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• no.34
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• pp.233-258
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• 2013

In the early days of the Goryeo Dynasty, the royal guard was comprised of the central regular army in the 2-gun-6-wi system, and Nasungeomgun was in charge of the security inside the palace. However, the military system became disorganized during the period of military rule and the royal guard had to rely on military subjects. The military officials suppressed the civil ministers centering on Jungbang, the guarding organization close to the King to incapacitate the royal authority and control the state affairs. When the rule of the three leaders of the military rule became short-lived and Dae-seung Gyeong is raised to the ruler, he organized a do-or-die squad comprised of a hundred and more people for his personal safety, and this became the first dobang. Dobang was disassembled after Dae-seung Gyeong died of disease, but under the rule of Chung-heon Choe, Dae-seung Gyeong's dobang was revived and reinforced into 'Yukbeon Dobang' to provide the ruler with personal protection and intensify the ruling system, and it was quite a large organization with more refined system. Yukbeon Dobang was expanded and reinforced into Naeoedobang under the rule of Woo Choe, the son of Chung-heon Choe, and it was enhanced even more into Dobang Samsipyukbeon System under the rule of the grandson, Hang Choe. Dobang can be considered as the guard organization in modern sense, and it collected information and surveyed the area where guarding is required and house troops that belonged to Naedobang eliminated the risks that may follow afterwards to make assurance doubly sure for guarding. The Choe's regime established Mabyeolcho as a private guard organization in addition to dobang, and this formed the cavalry and infantry units with dobang. Yabyeolcho organized by Woo Choe in the reign of King Gojong was divided into Joabyeolcho and Ubyeolcho, and later Sineuigun was integrated with them to form Sambyeolcho. Originally, Yabyeolcho was established under the rule of Woo Choe to prevent crime in the evening, but after Sineuigun was organized with the ones who were captured by Mongolian army but escaped, in other words when Sambyeolcho was organized, the organization displayed much broader influence by covering military and police affairs as well as punishment and imprisonment. The guarding organization during the Period of Military Rule in the Goryeo Dynasty did not have strict distinction between official guard and personal guard. The private guard in modern days which is the equivalent of personal guard is characterized by its commerciality, however, house troops and the members of dobang did not seem to pursued profit. The guard organization during the period of military rule started from dobang which was organized for personal safety but gradually developed publicness through the participation of civil ministers and expansion, and later it played the pivotal role for social security serving official purpose up to the level where the distinction between official and private activities was blurred during the period of Sambyeolcho.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.109-132
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• 2019

Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.137-172
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• 2008

The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

• Korean Security Journal
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• no.43
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• pp.67-97
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• 2015

In Korea, a single emergency number, such as 911 of the USA and 999 of the UK, does not exist. This issue became highly controversial, when the Sewol Ferry Sinking disaster occurred last year. So, the Korean government has planned to adopt a single emergency number, integrating 112 of the Police, 119 of the Fire and Ambulance, 122 of the Korean Coast Guard, and many other emergency numbers. However, the integration plan recently proposed by the Ministry of Public Safety Security seems to be, what is called, a "partial integration model" which repeals the 122 number, but still maintains 112, 119, and 110 respectively. In this context, the study looks into USA's (diverse) 911 operating system, and subsequently tries to draw general features or characteristics. Further, the research attempts to derive policy implication from the general features. If the proposed partial integration model reflects the policy implications, the model can virtually operate like the 911 system -i.e. a single emergency number system - creating inter-operability between responding agencies such as police, fire, and ambulance, even though it is not a perfect integration model. The features drawn are (1) integration of emergency call-taking, (2) functional separation of call-taking and dispatching, (3) integration of physical facilities for call-taking and dispatching, and (4) professional call-takers and dispatchers. Moreover, the policy implications derived from the characteristics are (1) a user-friendly system - fast but accurate responses, (2) integrated responses to accidents, (3) professional call-taking and dispatching & objective and comprehensive risk assessment, and finally (4) active organizational learning in emergency call centers. Considering the policy implications, the following suggestions need to be applied to the current proposed plan: 1. Emergency services' systems should be tightly linked and connected in a systemic way so that they can communicate and exchange intelligence with one another. 2. Public safety answering points (call centers) of each emergency service should share their education and training modules, manuals, etc. Common training and manuals are also needed for inter-operability. 3. Personal management to enable-long term service in public safety answering points (call centers) should be established as one of the ways to promote professionalism.