• Title/Summary/Keyword: 법령 및 제도

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Problems of Government Crisis Management System and Its Improvements: Focusing on Park Geun-hye Administration (정부 위기관리시스템의 문제점과 개선방안 : 박근혜 정부를 중심으로)

  • Park, Soo-Kyung;Jang, Dong-Hyun
    • The Journal of the Korea Contents Association
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    • v.18 no.3
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    • pp.378-389
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    • 2018
  • This study is intended to comprehend the level of Crisis management through the review of the government Crisis management system, to draw its problems and improvement methods, and to present implications on the establishment of effective Crisis management systems for the future. For this, the condition of operating Crisis management system was analyzed based on legal system, organizations and networks through the major disaster cases during Park Geun-hye administration period. The result of the study showed that there was lack of the interconnectedness among laws in the legal system, manuals and disaster preparation training. The Crisis management organizations had such problems as inappropriate response to crisis, perfunctory re-organization and lack of organizations' functions. The problems in the networks were relations between central and local governments, lack of cooperation and association among each division, and operation methods. The presented improvements for the above problems were the comprehensive revision of legal system, securing responsiveness of Crisis management organizations and the establishment of organic network system.

A Study on Funeral Rites and Ancestral Memorial Rites - Focusing on the current Family Ritual Act (상례·제례에 관한 연구 - 현행 가정의례법령을 중심으로)

  • Jeong, Jin-Goo;Lee, Chul-Young;Park, Chae-Won
    • Industry Promotion Research
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    • v.5 no.4
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    • pp.81-90
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    • 2020
  • This study examines the pattern of changes in the funeral rites·ancestral memorial rites as stipulated in the current family rites Act and seeks to study the presentation of problems and securing effectiveness. Acts and subordinate statutes such as "Act on family rite establishment and related assistance" were enacted with the aim of rationalizing the ritual procedures of funeral rites related to the ancestral memorial rites and supporting and coordinating projects and activities for the dissemination and settlement of sound family rites to eliminate the ostentation and create a sound social atmosphere. In order to realize the true meaning of family rites the "General standards for sound family rites" were set to be solemn and simple in the process of family rites, and the government officials, employees of public institutions, organizations, and social leaders were required to take the initiative and follow the example. However, looking at the changes since the family rites Act 1969, there are regulations on gender discrimination that undermine the realization of gender equality, and the progress of education for the spread and settlement of the family rites Act has been limited in effectiveness due th lack of punishment provisions for educational institutions of all levels, In particular, even in the "Process to train funeral director" which is operated under the national qualification system, there is a lack of education on family rituals. Therefore, through this study, we intend to provide a basis for practice and developmental discussions consistent with the objectives of the establishment of laws and systems.

A Study on Status Analysis and Improvement of Heavy Cargo Logistics (중량물 물류 실태 분석 및 개선 방안에 관한 연구)

  • Park, Du-Seon;Lee, Cheong-Hwan;Choi, Kyung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.35-52
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    • 2017
  • Interest and demand in heavy cargo logistics is increasing and becoming more diverse as economic scales have expanded and manufacturing activity has increased. Although cargo moves via maritime and/or land transportation, there is currently insufficient research on the actual condition of heavy cargo logistics. The purpose of this study is to carry out an in-depth analysis of heavy cargo laws, systems, logistics patterns, and current transportation status. By proposing measures to solve existing problems, this study aims to make an important and ongoing contribution to the scarcely studied field of heavy cargo logistics. The result of regression analysis on the main seven factors show that transportation frequency and law/system structure have a positive effect on working conditions. Furthermore, the result of correlation analysis on the main seven factors show that the cargo weight variable is highly positively correlated with cargo size. Also, the working conditions variable is highly positively correlated with the law/system structure. Detailed proposal measures to solve existing problems are summarized as follows. First, it is necessary to establish a clear concept of heavy cargo as numerous existing definitions differ. Second, laws and provisions relating to maritime and land transportation of heavy cargo need to be established and consolidated as current applicable legislation is insufficient. Third, the classification system for heavy cargo transportation needs improvement. Fourth, it is necessary to improve transportation performance statistics and the aggregate criteria system. Finally, the management system of heavy cargo also needs improvement.

A Study on Implementation of IMSAS and Response Plan of the Republic of Korea (IMO 회원국감사제도의 시행과 대한민국의 대응 방안에 대한 고찰)

  • Chae, Chong-Ju
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.6
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    • pp.717-725
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    • 2018
  • IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.

사학연금 지급개시연령 개선에 관한 연구 : 이은재의원 입법 발의안을 중심으로

  • Jeong, In-Yeong;Kim, Su-Seong
    • Journal of Teachers' Pension
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    • v.3
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    • pp.207-252
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    • 2018
  • 현행 사학연금법은 공무원연금법 제46조 제1항 제4호 "정원 감소로 퇴직한 때부터 연금 지급" 조항을 준용함에 따라 정원감축 및 폐교에 따른 퇴직을 할 경우 법에 명시된 연금지급 개시연령이 아닌 퇴직 후 5년 이후에 조기연금을 지급하도록 하고 있다. 본 연구의 목적은 현행 지급개시연령 규정의 타당성을 검토하고 개선방안을 제시하는데 있다. 이를 위해 사학연금 지급개시연령 현황 및 사립학교 폐교 현황과 사학연금이 공무원연금법을 준용함으로써 발생하는 문제점 및 현행 규정에 따른 연금지급 시 사학연금재정에 미치는 영향을 분석하고 법 개정의 타당성을 검토하여 개선방안을 모색하였다. 주요 연구결과는 다음과 같다. 65세 정년이 되어 은퇴하지 않고 중도에 퇴직하거나 고용이 취소되어 지급개시연령 보다 훨씬 일찍 조기연금을 지급하게 될 경우에는 퇴직연금 자체가 노후소득보장제도이기 보다는 실업급여의 성격으로 전락하게 되는 측면이 있다. 또한, 폐교에 재직 중인 교직원은 근로가 가능한 연령과 건강상태임에도 불구하고 즉시 연금을 수급하게 됨으로써 재취업을 하지 않을 경우 연금에 대한 의존성이 높아지고 근로유인을 저해할 수 있다. 그리고 최근 잦은 폐교로 인한 연금수급자 과다 발생 및 재정적 지속가능성의 문제가 있다. 또한 사학연금 가입자와 공무원연금 가입자의 특성을 비교하면 중요한 차이점이 발견된다. 국공립학교의 경우에는 해당 학교가 폐교 또는 정원이 감소될 경우 다른 지역 학교로 해당 재직 교직원을 이동 배치하는 등의 대처 방안을 시행하기 때문에 사실상 퇴직하는 사례가 거의 없는 반면, 사학연금 가입자의 경우 공무원연금 가입자에 비해 상대적으로 고용불안에 노출되어 있고, 학령인구 감소 등으로 인해 사립학교 폐교 가능성이 상존하므로 이들에 대한 생활안정대책이 필요하다. 또한 공무원 조직의 개폐 및 정원 감소는 법령으로 정하고 있지만, 사립학교 교직원의 개폐 및 정원의 감소는 사학기관의 특성에 따라 차이가 있다. 그리고 공무원의 경우 공무원연금의 대상이면서도 고용형태의 상대적 취약점을 감안하여 임기제 공무원의 경우 고용보험의 가입이 일부 허용되나, 사학연금 가입자의 경우에는 전면적으로 가입이 제한되어 직역연금 간 형평성 문제가 발생하고 있다. 그리고 국민연금과 비교할 때 다음과 같은 차이점이 있다. 국민연금법의 경우 사업장가입자로 적용받고 있다 하더라도 준용법과 같은 사립학교 폐교 시 조기연금 수급 규정이 없으며, 고용보험법의 적용으로 실직 시 실업급여 등의 대응책이 있긴 하나 연금 수급을 통한 소득보장 수준에는 못 미치는 제도적 보완책을 갖추고 있다. 또한, 국민연금 가입자는 고용보험에 적용되나, 사학연금 가입자는 실업상태에 놓였을 경우 고용보험의 적용을 받지 못한다는 점에서 차이가 존재한다. 이에 다음과 같은 개선방안을 제시하였다. 폐교 시 사학연금 가입자의 생활안정을 위해 고용보험 가입을 검토할 필요가 있고, 재정안정화를 위해 연금을 전액지급하기 보다는 퇴직일부터 지급개시연령까지의 잔여기간에 따라 차등지급하는 방안을 모색해 볼 수 있으며, 고용보험법상의 실업급여 제도를 원용하고 소정의 연금지급기간을 설정하여 연금을 지급하는 방안을 고려할 필요가 있다. 이에 더하여 사학연금제도 내에서 별도의 고용보험기금을 마련하는 방안도 모색해볼 필요가 있다.

The Study of Comparative Legal Review According to Data Exclusivity of Pharmaceutical Marketing Authorization - In preparation for the development of drugs and vaccine of COVID-19 - (의약품 자료독점권(Data Exclusivity)에 대한 비교법적 고찰 - COVID-19 치료제 및 백신 개발을 대비하여 -)

  • Park, Jeehye
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.223-259
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    • 2020
  • With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

A Study on the Driving Regulation of the Urban Railway Vehicles with Block Systems (폐색방식에 따른 도시철도차량운전 분류기준에 관한 연구 - 용어의 합리적인 개정을 중심으로 -)

  • Jeon, Y.S.;Lee, H.S.;Kim, C.S.
    • Journal of the Korean Society for Railway
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    • v.13 no.1
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    • pp.92-98
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    • 2010
  • Block system has been used to protect trains from occupying the same section of track at the same time so that only one train is permitted in each block at a time. Domestic driving regulations on the block system is divided into two classifications, such as regular block and substitute block. If it is impossible to use this regulation, the block applied method can be applied. However, domestic urban railway administrator has established his own operation rule within the regulation. Therefore, in order to assure continuous safety of train in operation, it is necessary to strengthen the regulation as can cope with the various block systems. In this study, domestic urban railway administration's own rules are examined and the appropriate driving regulation on the block system is proposed.

A Study on Army NCO institutions for excellence manpower acquisition - Department College of NCO in connection with the acquisition workforce Revitalization - (우수 인력획득을 위한 육군 부사관 제도 연구 -인력획득과 연계한 전문대학의 부사관학과 활성화 중심으로-)

  • Kim, Young Joung
    • Convergence Security Journal
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    • v.13 no.2
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    • pp.111-120
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    • 2013
  • Army NCO roles and responsibilities in conjunction with the Defense Reform 2020 plan to perform a pivotal role in the bag the past tradition inherited bag and development, transition the mission commander helpers battle conductor, mainly functional experts, management experts from the bag to show PowerIt has a pivotal role as a transition. It embodies the director and the military organization of work within the scope of the statutes and rules, such as planning and implementation as the core of the Power which is most frontline officers, the NCO instructions and control through education and functional personnel to maintain the best Power will. Propose the measures that can be overcome by considering the importance of key personnel, operating personnel NCO in the military organization and analysis of the issues, the problem of the NCO system. The social awareness to be able to build a system to obtain a stable workforce through effective operations for changes in the revival, especially in the Department College of NCO activated mutual development challenges were present.

The Modification of Serial Cadastral Map and Its Applications to Notification of Topographical Maps (연속지적도면의 정비와 지형도면고시에 활용 방안)

  • Hong, Sung-Eon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.12 no.11
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    • pp.4826-4834
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    • 2011
  • This study examined the method of making high-quality serial cadastral map with field surveying, the renewal and applications of serial cadastral map which is made for the application of notification of various topographical maps, and related legal and institutional contents. The results of the study are as follows. First, we suggested the way of modification that enables preexisting methods to connect with field surveying in order to improve utilizability of serial cadastral map that is not utilized properly. In addition, we came up with legal grounds from a current law, 'act on surveying watercourses survey and cadastre' for the modification. We also examined legal and institutional factors, the renewal and application of various notifications of topographical maps for efficient application, and the application of modified serial cadastral map for field surveying. Once the current cadastral map is modified based on the results of our study, it is possible that notification of topographical maps gets more accurate, and serial cadastral map can be used for field surveying. In addition, the modification can be utilized for a step-by-step strategy that reduces the existing cadastral map managed as 3 types into the cadastral map managed as 1 type.

Measures for Improving Response of Autonomous Police Against Mass Disasters (자치경찰의 대형재난 대응 개선방안)

  • Jae-Min Lee;Jae-Hun Shin
    • Journal of the Society of Disaster Information
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    • v.19 no.3
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    • pp.481-489
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    • 2023
  • Purpose: The purpose of this study is to examine the actual disaster response and suggest improvement measures for introduction of an autonomous police system Method: This study suggests the improvement measures by reviewing police disaster response manual, related statistical data, and statutes comprehensively Result: The introduction of autonomous police system enabled effective management of police based on circumstances of each region. However, there are still doubts on police response against situations that require large number of personnel. According to analysis on roles of autonomous police during the mass disasters, the autonomous police controlled disaster site to prevent secondary damage, prevented additional disaster damages, and rescued people. However, it is hard for the autonomous police to respond against the mass disasters due to its structure. Conclusion: To improve the response of autonomous police against mass disasters, this study suggested on disaster scene control and secondary damage prevention by the police, cooperative disaster response with regional autonomous police, and utilization of control tower.