• Title/Summary/Keyword: 법률시행령

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A Study on The Compensation about Diseases Related Military of United States of America (미국의 군복무 관련 질환의 보상에 관한 연구)

  • Kim, Tae-Yeol
    • Proceedings of the KAIS Fall Conference
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    • 2009.05a
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    • pp.18-23
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    • 2009
  • 지난 50여년간 국가유공자 및 제대군인의 보상은 전쟁 및 군복무중 발생한 상이처로 인해 장애를 입은 자를 중심으로 보상해 왔으며, 군 복무 중 발생한 질병의 보상에 대해서는 아직까지 심도 있게 논의된바 없다. 우선 한국의 군복무와 관련한 질병 보상과 관련한 본격적인 논의에 앞서 중요하게 고려되야 할 부분은 우리보다 100여년 이상 앞서 연구해 왔고 지금까지도 활발히 진행중인 미국의 질병 보상 제도와 질병 인정범위에 대해 분석해볼 필요성이 제기된다. 미국의 군복무와 관련한 질병에 관한 최초 보상의 역사는 1800년대로 군복무와 관련한 질병에 관한 대표적인 최초의 보상 질환은 PTSD(Post Traumatic Stress Disorder)의 초기 형태인 향수병(nostalgia)으로 이 질환이 군복무와 연관된 질환으로 인정받은 최초 질병이었다. 미국의 경우 미국의 군복무와 관련된 질환은 직접질환과 추정 질환으로 분류되는데 먼저 군복무 직접 질환의 경우 질병 보상이 되는 대표적 질환은 고혈압, 당뇨, 빈혈, 동맥경화증, 관절염, 심장염, 간질, 신장염, 정신병, 활동성 결핵, 위궤양 등 거의 모든 질환이 포함되어 있다. 특히, 정신병 흡연과 음주에 의한 질환 자살도 남에게 피해를 주지 않은 경우는 대부분 보상이 된다. 이상 살펴본 바와 같이 선진국에 비해 한국의 군복무와 관련한 질병보상 범위와 너무도 상이한데 국가유공자예우에 관한 법률 시행령 제 14조에 의거 1급부터 7급까지 등급판정을 부여하는데 이는 대부분 외상에 의한 절단, 관통상, 신체 기능상실자를 위주로 보상을 하고 있어 외상과의 합병증이 없는 질병에 대한 보상은 실질적으로 거의 인정을 받지 못하고 있는 실정이다. 끝으로 군복무와 관련한 질병 보상과 의료, 복지증진을 위한 종합적인 발전 방안을 몇가지 제언코자 한다. 첫째, 제대군인 질병연구센타 설립. 둘째, 정신질환, 외상후 스트레스장애군(PTSD), 진행성 질환 무상의료 지원 및 연금지급 셋째, 고엽제 2세환자의 역학조사가 필요하다.

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Current Status Analysis of Business Units and Retention Period Estimation related to Administrative Information Systems of Public Institutions (공공기관 행정정보시스템 관련 단위과제 및 보존기간 책정 현황분석)

  • Yoon, Sung-Ho;Yu, Sin Seong;Choi, Kippeum;Oh, Hyo-Jung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.31 no.2
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    • pp.139-160
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    • 2020
  • Since the Public Records Management Act was enacted in 2007, the administrative information system has already been included in the electronic records production system, and dataset has been subject to record management as a type of electronic records. With the recent revision of the enforcement decree, dataset records management has been enacted. This study analyzes business units related to administrative information systems of public institutions and examines the current status of retention periods estimation. For this purpose, we collected 36 records classification systems from 49 public institutions among the direct management agencies of the National Archives and disaster management agencies. And we discriminated 824 business units related to administrative information system and divided into large and small groups according to types. We also compared the retention period estimation of records. The problems and improvement plans of this study are expected to be used as basic data in preparing the standard of administrative dataset management in the future.

A Study on Practical Ways to Improve Pricing Criteria for Technical Service Contracts (기술용역 대가기준의 문제점 및 개선방안)

  • Lee, Taewon;Lee, Ghang
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.2
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    • pp.33-43
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    • 2014
  • Goods, services and construction works needed by central government entities, local government entities, and other public institutions are procured with national budget. For efficient budget execution, Article 9 Paragraph 1 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter "State Contract Act") provides for the criteria for determining estimated price. Sub-paragraph 2 of the paragraph provides for the "determination of estimated price by cost calculation". On this legal basis, pricing criteria for the determination of estimated price, based on the project purpose, are announced by responsible authorities. This study analyzes the pricing criteria for technology services and proposes a price calculation methodology that can ensure transparency, as a practical improvement for more rational and efficient budget execution in the public sector.

A Legal Study on The Act Bill for Establishing The Game User Committee

  • Kyen, Seung-Yup
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.165-171
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    • 2022
  • In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

Analysis of Major Issues in the Serious Accidents Punishment Act (SAPA) (중대재해처벌법의 주요쟁점 해소 방안)

  • Cho Choonhwan
    • Journal of the Korea Institute of Construction Safety
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    • v.5 no.1
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    • pp.17-24
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    • 2023
  • The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

A Study on the Service of the Integrated Administrative Information Dataset Management System (행정정보 데이터세트 종합관리시스템의 서비스 방안 연구)

  • Kim, Ji-Hye;Yoon, Sung-Ho;Yang, Dongmin
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.2
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    • pp.27-49
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    • 2022
  • According to the amendment of the Enforcement Decree of the Public Records Management Act in 2020, an administrative information dataset record management plan will be enacted, and the National Archives of Korea plans to establish an integrated administrative information dataset management system to support it. However, there is no specific service plan that considers the characteristics of the datasets and the Management Reference Table. Therefore, this paper compared and analyzed the current status of dataset services at 14 domestic and foreign public data portals and archives websites, derived implications, and proposed 6 service plans applicable to the integrated administrative information dataset management system. This study's results will lead to utilizing the administrative datasets and the activation of services.

Legal and Institutional Improvement Tasks for Utilizing Mydata in the Transportation Sector for NetZero (탄소중립을 위한 교통분야 마이데이터 활용의 법제도적 개선 과제)

  • Ji-Yeon Lee;Min-Ji Koh;Seung-Neo Son
    • Industry Promotion Research
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    • v.9 no.1
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    • pp.47-55
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    • 2024
  • In the transportation sector, reducing total vehicle mileage and passenger vehicle traffic are proposed as strategies to achieve carbon neutrality. To achieve this, MaaS services must be actively promoted with the goal of revitalizing public transportation. In order to promote MaaS, individual movement data is required, such as the individual's means of movement, route, and conversion of the individual's means of use. However, in Korea, there are legal limitations in collecting and utilizing data on individual movements. As the right to request transmission of personal information was newly established in the revised Personal Information Protection Act in 2023, a law was established to collect and utilize data on individual movements. However, enforcement ordinance, detailed rules, instructions, guidelines must be prepared, and the standardization of data format and transmission system for collecting my data needs to take precedence.

A Study on the University Archives: The Concept and Contents of University Archives (대학 Archives란 무엇인가: Archives의 개념과 내용)

  • 전상숙
    • Journal of Korean Library and Information Science Society
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    • v.32 no.2
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    • pp.289-306
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    • 2001
  • This paper seeks to know a out the 'University and College Archives', which are to be established under the provision of 'the Law on the Management of the Institutions', and briefly mention the relation with the library, looking into the concept and backgrounds of archives. The enactment of the law became the ground to establish but there is no practical guidelines on the structure, formation, management, and contents of archives, even worse, people do not know well what the archives is. Therefore, I think so know about academic archives should start understanding basic concept, meaning, and necessities of the archives. In Europe, university archives have been established from 1830s, after the other archives had been established. In America, universities, which had been grown owe to the rapid economic development and the increasing of high educated people, began to establish their archives as a way to invest to improve their being and promote continuing growth. This is to prove their being and value in the society by collecting and preserving records and documents produced in the development of universities. Therefore, university archives can be said that it is the receiving agency for the producers of the university records, researching functional purpose, contents of university records, and relation with other institutions or records. This is the very difference from university libraries as collecting agencies. Nevertheless, university libraries and archives can help each other to activate their functions and improve their positions in universities through cooperating for the policy of digital records preserving and approaching them because the tendency of informationization forces universities to stand on various information resources to serve for routine university works. Each institutions of universities needs archival records due to various reasons. It is especially necessary to preserve and manage archival records to prove the confidence of records.

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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Fire Risk Assessment of Building Use Types Using Natural Breaks (Jenks) (자연적 구분법을 이용한 건축물 용도별 화재위험도 평가)

  • Lee, Kyu Min;Lim, Hyeon Seok;Cho, Jae Woo;Lee, Sang Kwon;Min, Se Hong;Min, Jeong Ki
    • Fire Science and Engineering
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    • v.33 no.6
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    • pp.63-71
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    • 2019
  • This study quantitatively analyzed the fire risk of buildings by use nationwide, fire occurrence, and the statistical data of buildings by use. Fire incidents and buildings' statistics from the past 10 years (2008-2017) were used and classified as "Building Laws" and "Enforcement Decree of the Act on the Installation, Maintenance, and Safety of Fire Facilities" to be used for the relative assessment under the Natural Breaks as a risk matrix. In addition, after conducting risk assessment using 2018 fire occurrence data, we compared and analyzed the same with past 10 years' data. The results showed that most facilities had similar risk grades, except for the results of reduced risk levels from IV to II in recreational facilities, confirming the past and present data correlations as valid. Hence, the classification method is deemed appropriate. Through the results, the fire risk assessment of buildings by use nationwide are presented as a reference for fire safety.