• Fire Science and Engineering
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• v.15 no.3
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• pp.21-35
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• 2001

By rearing private experts to design hazardous facilities, Safety property is obstained. So it is necessary to limit within the designer of hazardous materials facilities who has some degree skill. After permission progress about the inspection of the design ascertain whether it is safety property Mayor/Do governor permits within the laws and their qualification. Accordingly, Korea Fire Equipment Inspection Corporation be come specialization about the design, inspection of construction completion. A inquire purpose of Fire Service Act be considered fitness. Subject by which the Korea Fire Equipment Inspection Corporation is entrusted, subject by which the a non-probit corporation in The Civil Law be possible to entrusted in separate. In this case, because of the level of one's technique and facilities are important, to limit as a nonprobit corporation in The Civil Law give rise to trouble. Consequently; established a business corporation, which the level of one's technique and facilities, in accordance with The Commercial Law can assign inspection of construction completion. The contents of the Fire Services Act is caused by the historic growth of hazardous facilities's safety management. Because we decide on a course about completed inspection of hazardous substance, it is needed that adjust the task performed by a corporation of the exert skill and the duty performed by the task that a authorized corporation on the civil law or the commercial law To adjust the duty, the Fire Service Act, that is suitable to the purpose and principle, should constitute a measure of the duty. With the object of insure the safety of the hazardous substance, when the fire survice act establish a corporation of the expert skill. There is the will of lawmakers that need organization to have the power of the professional technology. The state excise the will that insure the safety of hazardous materials facilities on the basis of the professional technology and facilities, and construct to establish a corporation of the expert skill. Therefore as concentrate on the technology to need to insure the safety of the facilities of hazardous substance to be suitable on the purpose of laws and take responsibility and reports to a corporation of the expert skill. The task to be given to the state will be done.

• Management & Information Systems Review
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• v.35 no.1
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• pp.189-206
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• 2016

It was required to attach the documents on the details of external audit including the number of the participants in external audit, audited parts and audit times under the Article 7-2 on the audit report to the accounting audit report from 2014 in accordance with the amendment to the Act on External Audit of Stock Companies. This study aim to calculate the audit fee based on the estimated cost of service calculation of the government contribution agencies by reflecting the implementation of the revised external audit. This study calculated the audit fee for the target company (a listed company assumed to have no internal control risks and relevant audit risks for unqualified opinion in the previous year, 100 billion won of total amount of asset, manufacturing company in the previous year and preliminary client request) by putting together four items of expenditure including employment costs, expenditure, general management expenses and profit in accordance with the calculation system of cost of service under the State Contract Act. Then, it used the data collected from the documents on the details of the revised external audit after requesting estimation on the target company with the estimated cost to Big-4 accounting firms to identify the participants and times of the accounting audit. The employment costs applied 150% of participation rate of the base price of employment costs for the academic research service cost in 2014, the expenditure used the average value of accounting firms of corporate business management analysis of the Bank of Korea (2013), the general management expenses applied 5% of the general management rate of service business under Article 7-1 of the Enforcement Rule of the Act on Contracts to which the State is a Party and the profit applied 10% of profit rate of service business under Article 7-2 of the Enforcement Rule of the Act on Contracts to which the State is a Party. Based on the calculation of the estimated costs by applying the above, the audit fee was estimated at 50,617,769won. Although the result is not the optimal audit fee, it may be used as a basic scale to compare the audit fees of companies without criteria. Also, such amendment to the Act on External Audit of Stock Companies may improve independence of auditors and transparency of the accounting system rather than previous announcing only the total audit times.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Journal of Legislation Research
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• no.41
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• pp.261-302
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• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.209-244
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• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

• Korean Journal of Heritage: History & Science
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• v.57 no.2
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• pp.144-166
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• 2024

The Cultural Heritage Committee is an important organization that has been deliberating on important matters related to the preservation of cultural properties in the Republic of Korea for more than 60 years since 1962. The Cultural Heritage Preservation Committee was active in 1961, which was a short period of about a year, but the minutes prepared at the time confirmed that it had the following meanings. First of all, legally, it was meaningful in that the concept of cultural property or intangible cultural property was used for the first time in Korea in laws and regulations on the term of office of professional members. These matters became the basis for the operation of the current Cultural Heritage Protection Act and the Cultural Heritage Committee. The following confirms that, unlike previously known activities, they were active despite political upheaval at the time. In spite of rapid regime change at the time, the committee had no change in its members, and the meetings continued without interruption. At that time, there was an exclusive relationship between different groups in relation to the preservation of cultural heritage, and this relationship was confirmed by the minutes that disappeared with the establishment of the Cultural Heritage Management Bureau, which integrated these groups. Finally, the form of the minutes prepared then shows the form of documentation at the time, where it is confirmed that the traditional documentation format is changing into a new form. It can be good research material in terms of modern and contemporary bibliography. As discussed earlier, the Cultural Heritage Conservation Committee of 1961 has historical significance in terms of legal and actual activities. The reason why the committee's activities were low valued is presumed to be that the minutes and related documents prepared at the time were not organized well due to the lack of a related administrative system. The minutes of the Cultural Heritage Conservation Committee record various facts about cultural heritage policies and decisions at that time. Therefore, analysis and research on these contents can reveal more facts about the cultural heritage policies and perceptions of that time.

• Journal of radiological science and technology
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• v.30 no.4
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• pp.313-320
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• 2007

There are the Medical Radiation Health and Safety Act(the Patient Radiation Health and Safety Act, the Radiologic Technologist Act), the Medical Laboratory Technologist Act, the Physical Therapy Practice Act, and the Dental Hygienist Act, etc in America. However, Korea has only one Act for a medical radiologic technologist(including radiation therapy technologist, nuclear medicine technologist), medical laboratory technologist, physical therapist, occupational therapy examiner, dental hygienist, and so on. It is the Medical Technologist Act. Therefore, the Medical Radiation Health and Safety Act for a radiologic technologist(including radiation therapy technologist, nuclear medicine technologist) has to be enacted independently in Korea. It is the purpose of this Act to provide for the appropriate certification of persons using radioactive materials, equipment emitting ionizing radiation on humans or performing medical imaging for diagnostic and therapeutic purposes. In Korea, the radiologic technologist is a "fusion technologist" who is a person other than a licensed practitioner as a radiographer, radiation therapist, nuclear medicine technologist, computed tomography technologist, magnetic resonance technologist, mammographer, sonographer, medical dosimetrist, quality management technologist, etc. This Act will have some provisions related to the definitions, reserved title, scope of practice, specialized technologist, application for licensure, radiologic technology council, renewal, continuing education, the radiation control advisory commission, etc. This Act will ensure that quality radiation therapy treatments are delivered and that quality diagnostic information is presented for interpretation, which will lead to accurate diagnosis, treatment and cure. Accurate diagnosis can be provided only when a personnel is properly educated in technique, equipment operation and radiation safety. In the end, this Act will protect the civil right to health. By regulating the personnel responsible for performing those procedures, this Act will mean improved care for patients-higher quality images, improved accuracy, and less exposure to radiation.

• Journal of Agricultural Extension & Community Development
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• v.12 no.2
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• pp.137-150
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• 2005

Although the rate of women farmer's participation in agricultural activities have been increased upto 52.7 % as of year 2003, Korean society has not fully recognized their roles in rural society. According to the agricultural basic law, most of rural women were engaged in agriculture as full time job, however, only about 11% of them could have supporting evidence of themselves as farmer having legal right. If women farmers faced some unexpected things such as a traffic accident, insurance company would not reward them as farmers unless they provide written proof of their job as farm worker or farm owner. Based on lawyer's legal advice, the authors developed a diary called "Saenghwalilji", a daily diary based on their time use and bookkeeping to prove the fact of their contribution to income generation of the farm. After examination of the diary, 18 persons out of 29 volunteers kept two types of dairy for the period of two weeks, and they reported it was very useful. Finally the better one of two was selected after reflecting the suggestions from the respondents. The "Saenghwalilji", will be very useful proof of women farmer's contribution to income, at the same time improving their farm management through better use of daily life time.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.315-341
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• 2006

이 논문은 1999년에 전면 개정된 한국의 중재법과 1925년에 제정된 미국의 연방중재볍 및 2000년에 제시된 개정통일중재법의 내용 중 중재인의 권한과 의무들에 관한 규정들을 비교 분석한 것이다. 우선, 미국 중재법의 기본법이라 할 수 있는 연방중재법은 1925년에 제정된 이래 중재 이슈에 관한 발전들을 담아내지 못한 채 진부한 과거의 법률을 그대로 유지하고 있다. 따라서, 중재인의 권한과 의무에 대해서도 중재판정과 같은 기본적인 권한 규정 외에 중재인의 임시적 처분이나 민사책임의 면제, 고지 의무등 새롭게 진전된 중재 환경의 변화나 논의들이 다루어지지 않고 있다. 그러나, 미국의 통일주법위원전미협의회가 주체가 되어 제시한 2000년의 개정통일중재법은 중재이론이나 케이스의 발전들을 반영하였을 뿐만 아니라, 중재인의 권한과 의무에 대해서도 훨씬 구체적인 규정들을 담아내고 있다. 개정통일중재법은 중재언의 권한을 개정 이전보다 훨씬 강화하는 대신, 보다 엄격한 윤리적 의무를 부과함으로써 균형을 유지하려 하고 있다. 특히, 중재인의 올바른 중재판정을 이끌어 내기 위해 증거 확보에 있어 보다 강한 절차적 권한을 부여하고 있는 것이 특정이다. 아울러, 중재인으로 하여금 임시적 처분을 내릴 수 있는 권한을 부여하고 있을 뿐만 아니라, 징벌적 배상을 결정할 수 있게까지 규정하고 있다. 그러나, 중재인의 절차적 권한의 강화는 동법이 의도한 바와는 달리 중재를 재판에 유사한 구조로 만듦과 동시에, 중재의 신속성과 최종성을 해치는 결과를 초래하는 것이 아닌가 하는 우려와 지적을 낳기도 한다. 한편, 한국의 중재법은 중재인의 임시적 처분권한과 고지의무를 규정하고 있지만, 미국의 개정통일중재법과 달리 민사적 책임면제 규정을 두고 있지는 않다. 특히, 한국 중재법에서 중재인은 증거를 수집하기 위하여 당사자의 임의적 협조에 의존하지만, 미국의 개정통일중재법에서는 증거개시제도까지 채택하고, 제 3 자도 소환할 수 있는 등 중재인의 절차적 권한이 훨씬 강하므로 한국 중재법에서 중재인의 절차적 권한은 미국의 개정통일중재법에서의 그것보다는 훨씬 제한적이다. 한국의 중재를 더욱 실효성 있게 하기 위해서는 중재법에서 중재인의 절차적 권한에 관한 규정을 보완해 주어야 할 것이다. 또 성공적인 중재를 위해서는 중재인의 전문성과 함께 윤리의식이 중요하므로 상사중 재원은 별도의 중재인 윤리규정을 제정해야 할 것이다.

• Journal of the Korean Institute of Gas
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• v.22 no.3
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• pp.74-83
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• 2018

Anyone who wants to install local ventilation system must obtain a permission from the Ministry of Employment and Labor even if he has permission from the Ministry of Environment. This is because not only the Atmospheric Environmental Protection Act, but also the manufacturing industry's hazardous risk prevention plan under Article 48 Clause 2 of the Industrial Safety and Health Act is to be submitted by 15 days before the construction. Under the current Environmental Protection Act, the Ministry of Environment regulates only the emission of pollutants from local exhaust ventilation systems into the atmosphere and the contents of workers' safety and health within industrial sites are managed by the Ministry of Employment and Labor. Even with the approval of the Ministry of Environment, the number of unsuccessful cases by the Ministry of Employment and Labor has increased, causing a growing discontent among the sites due to production delays and additional costs of improvement. In addition, local exhaust systems that are at greater risk of fire explosion have increased the risk of severe industrial accidents due to fire explosion. This is due to insufficient design of air volume, control speed, return speed, duct size, and risk of fire explosion. This is because the criteria and procedures for approval of local exhaust ventilation systems are similar, but the Industrial Safety and Health Act adds additional screening items for safety and safety of workers and fire and explosion. In this study, the Environment Ministry and the Employment and Labor Ministry seek to find a reasonable way to operate the system by comparing local exhaust ventilation system installation approval standards.