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A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

The Actual State of the Creation and Management of Public Open Spaces of Major Buildings - Focused on Daegu-City - (대형건축물 공개공지의 조성 및 관리실태 분석 - 대구시를 대상으로 -)

  • Eom, Boong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.36-45
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    • 2011
  • Public open space(Gong-Gae-Gong-Ji) is an important part of the open-space system in an urban environment. Though part of the private sector, it has a significant public function as there are as always open to the free use of every citizen for rest and amenities. A field survey of the public open space of 71 major buildings was carried out to investigate the actual state of public open spaces in the city of Daegu. As a result of this investigation, several point of issues were discussed. In distribution by 'Gu', newly-emerging sub-centers of Daegu-City, such as Bug-Gu and Dalseo-Gu as well as downtown area have many public open spaces. By the use type of buildings, retail buildings such as shopping centers and SSM account for36.6%, business buildings21.1%, and residential and commercial complexes 15.5%, respectively. Location wise, the front areas accounted for the greatest amount(42.9%) with 1 in side area(20%), and 2 in the front/side area(20%), respectively. Degree of division was 1 spot type(45.7%), 2 division type(35.7%). The misuse of public open space for private use, such as shopping and parking lots, was26.6%. On the basis and analysis of the actual status, 6 improvement devices for public open spaces were suggested: 1) The improvement of the legal regulative system, 2) the establishment of design guidelines and strengthening of deliberation, 3) administrative and financial support, 4) periodic supervision and guidance, 5) installment of signs that shows the space is open for use to every citizen, and 6) the participation of citizens in management of public open space.

A Study on the Shinmoongo System: Issues of the Origin and Changes of Function and Institution (신문고 제도에 대한 몇 가지 쟁점: 기원과 운영, 기능.제도의 변천을 중심으로)

  • Kim, Young-Ju
    • Korean journal of communication and information
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    • v.39
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    • pp.250-283
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    • 2007
  • The Shinmoongo (Shinmoon-drum) system is known as the last means of petition, appeal, and, denunciation during the Chosun dynasty. The purpose of this study is first to examine the system's origin and changes of its function and operation. The study further looks at several issues around the striking gong system, an alternative appealing method, and its background and transition. Introduced by King Taejong, the Shinmoongo was a kind of the press (or communication) system which was intended to deliver various cases of personal appeal, social petition, national denunciation, etc. Since the 2nd year of King Sejong, the system had been changed into the legal system which mainly to settle personal mortifying problem. Originally, the system was institutionalized for the common people who were hard to appeal their mortifying affairs to the supervisory administration. This reporting system to a superior was utilized as an institutional device to remedy abuses from 'complaint to the King near his sedan chair' and 'direct complaint out of order' during the early disordered years of Chosun dynasty. The system was often abused for the devices of private interest by illustrious officials. Meanwhile, it carried out a role of checking power abuses of provincial governors and magistrates. There were many obstacles for the common people and lowly people to turn to the means. The drum was located at the palace of capitol, less accessible for most people at the time. The petition had to be processed through several steps in written forms. The punishment on a false drummer was heavy. It inhibited any appeal concerning the superior under the rigorous caste system. The Shinmoongo system is regarded as a legitimate press system. Also, it is taken as informal or semi-official press system such as 'document to send around', 'document for agitation', 'joint petition', 'striking gong to complain', 'complaint to the King near his sedan chair', 'scream to complain', etc. Connecting together, the tools resulted in the increase of regal power and decrease of divine authority.

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Performance Evaluation of Advance Warning System for Transporting Hazardous Materials (위험물 운송을 위한 조기경보시스뎀 성능평가)

  • Oh Sei-Chang;Cho Yong-Sung
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.4 no.1 s.6
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    • pp.15-29
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    • 2005
  • Truck Shipment Safety Information, which is a part of the development of NERIS is divided into Optimal Route Guidance System and Emergency Response System. This research is for establishing an advance warning system, which aims for preventing damages(fire, explosion, gas-escape etc.) and detecting incidents that are able to happen during transporting hazardous materials in advance through monitoring the position of moving vehicles and the state of hazardous materials in real-time. This research is peformed to confirm the practical possibility of application of the advance warning system that monitors whether the hazardous materials transport vehicles move the allowed routes, finds the time and the location of incidents of the vehicles promptly and develops the emergency system that is able to respond to the incidents as well by using the technologies of CPS, CDMA and CIS with testing the ability of performance. As the results of the test, communication accuracies are 99$\%$ in freeway, 96$\%$ in arterial, 97$\%$ in hilly sections, 99$\%$ in normal sections, 96$\%$ in local sections, 99$\%$ in urban sections and 98$\%$ in tunnels. According to those results, the system has been recorded a high success rate of communication that enough to apply to the real site. However, the weak point appeared through the testing is that the system has a limitation of communication that is caused in the rural areas and certain areas where are fewer antennas that make communication possible between on-board unit and management server. Consequently, for the practical use of this system, it is essential to develop the exclusive en-board unit for the vehicles and find the method that supplements the receiving limitation of the GPS coordinates inside tunnels. Additionally, this system can be used to regulate illegal acts automatically such as illegal negligence of hazardous materials. And the system can be applied to the study about an application scheme as a guideline for transporting hazardous materials because there is no certain management system and act of toxic substances in Korea.

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Legal Review of Product Liability of a Defective Aircraft (군용항공기와 결합방지를 위한 개선방안 및 법적 책임관계 연구)

  • Cho, Young-Ki;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.59-158
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    • 2005
  • When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

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Identification of Deer Antler Species Using Sequence Analysis and PCR-RFLP of Mitochondrial DNA (사슴 미토콘드리아 DNA의 염기서열 및 PCR-RFLP분석에 의한 녹용의 종 감별)

  • Shin, Ki-Hyun;Shin, Sung-Chul;Chung, Ku-Young;Chung, Eui-Ryong
    • Food Science of Animal Resources
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    • v.28 no.3
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    • pp.276-282
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    • 2008
  • It is estimated that over 80% of deer antlers produced in the world are consumed in Korea. However, mislabeling or fraudulent replacement of costly antlers with cheaper ones is one of the most common problems in the domestic antler market. Therefore, there is a great need for the development of technology to identify species of antlers. This study was carried out to develop an accurate and reliable method for the identification and authentication of species or subspecies of antlers using DNA sequence analysis and comparison of mitochondrial cytochrome band D-loop region genes among antlers of five deer species, Cervus elaphus sibericus, Cervus elaphus canadensis, Cervus nippon, Cervus elaphus bactrianus and Rangifer tarandus. A variable region of cytochrome band D-loop genes was amplified using PCR with specifically designed primers and sequenced directly. The cytochrome band D-loop region genes showed different DNA sequences between the species of antlers and thus it is possible to differentiate between species on the basis of sequence variation. To distinguish between reindeer (Rangifer tarandus) antlers and other deer antlers, PCR amplicons of the cytochrome b gene were digested with the restriction enzymes NlaIV and TaqI, respectively, which generates a species-specific DNA profile of the reindeer. In addition, samples of 32 sliced antlers labeled Cervus elaphus sibericus from commercial markets were collected randomly and the mt DNA D-loop region of these antler samples was sequenced. Among the antler samples investigated, only 62.5% were from Cervus elaphus sibericus, and others were from Cervus elaphus bactrianus (25.0%), elk (Cervus elaphus canadensis) and reindeer (Rangifer tarandus). Our results suggest that DNA sequencing of mt DNA and PCR-RFLP methods using NlaIV and TaqI enzymes are useful for the identification and discrimination of deer antler species by routine analysis.

A Study on the Influence of Information Security on Consumer's Preference of Android and iOS based Smartphone (정보보안이 안드로이드와 iOS 기반 스마트폰 소비자 선호에 미치는 영향)

  • Park, Jong-jin;Choi, Min-kyong;Ahn, Jong-chang
    • Journal of Internet Computing and Services
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    • v.18 no.1
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    • pp.105-119
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    • 2017
  • Smartphone users hit over eighty-five percentage of Korean populations and personal private items and various information are stored in each user's smartphone. There are so many cases to propagate malicious codes or spywares for the purpose of catching illegally these kinds of information and earning pecuniary gains. Thus, need of information security is outstanding for using smartphone but also user's security perception is important. In this paper, we investigate about how information security affects smartphone operating system choices by users. For statistical analysis, the online survey with questionnaires for users of smartphones is conducted and effective 218 subjects are collected. We test hypotheses via communalities analysis using factor analysis, reliability analysis, independent sample t-test, and linear regression analysis by IBM SPSS statistical package. As a result, it is found that hardware environment influences on perceived ease of use. Brand power affects both perceived usefulness and perceived ease of use and degree of personal risk-accepting influences on perception of smartphone spy-ware risk. In addition, it is found that perceived usefulness, perceived ease of use, degree of personal risk-accepting, and spy-ware risk of smartphone influence significantly on intention to purchase smartphone. However, results of independent sample t-test for each operating system users of Android or iOS do not present statistically significant differences among two OS user groups. In addition, each result of OS user group testing for hypotheses is different from the results of total sample testing. These results can give important suggestions to organizations and managers related to smartphone ecology and contribute to the sphere of information systems (IS) study through a new perspective.

Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.155-190
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    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

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An Analysis of Elements in Yen-Ben Street That Form a Sense of Place as an Ethnic Enclave (소수민족집단체류지역(Ethnic Enclave)으로서의 옌볜거리의 장소성 형성 요인 분석)

  • Han, Sung-Mi;Im, Seung-Bin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.36 no.6
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    • pp.81-90
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    • 2009
  • This study seeks those elements that form a sense of place in Yen-Ben Street, which represents a typical ethnic enclave in Seoul, to provide a basic resource in the creation of an urban landscape that can provide a positive space for cultural diversity. The results of the study can be summarized as follows: First, the element of a physical environment that develops a sense of place was in fact the poor dwellings that correspond to the economic condition of Korean Chinese. While this element has a negative cognition to outsiders, Korean Chinese feel positively toward it. Secondly, signboards were a physical element of sense of place which retains cultural identity as a means of communication inside the community. Thirdly, it was found that activities such as shopping, recreation, and the exchange of information that are found in the pursuit of daily life act as an essential element in the formation of a sense of place even more than architectural elements. Fourthly, the appropriation of space by Korean Chinese and the isolation from the surroundings were obvious. This isolation is perceived as a negative sense of place formation to outsiders in Yen-Ben Street. Fifthly, the aspects of cultural dualism, mingling the concepts of home country, language, writing, and food have also affected the formation of a sense of place in the area. Sixthly, transience was a prominent phenomenon of Yen-Ben Street and is strengthened by illegal immigration. Although transience causes negative impacts such as in a lack of concern for the residential environment, it acts as a positive factor in the sense of place by mitigating uneasiness, and strengthening insider ties and cooperation.