• Title/Summary/Keyword: 사법감독

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A Study on the Judicial Supervision of Commercial Arbitration in China and Areas in Need of Improvement (중국상사중재의 사법감독 실태와 개선방안)

  • Oh, Won-Suk;Kim, Tae-Gyeong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.91-130
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    • 2010
  • This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

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Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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Comparison of Medical Technician Organization's Position on the Medical Technician Act and Foreign Cases (의료기사법에 대한 의료기사단체의 입장 및 외국사례 비교)

  • Kim, Jae-Seok;Jeon, Min-Chul;Kim, Seong-Ho;Lee, Won-Jeong
    • Journal of the Korean Society of Radiology
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    • v.15 no.5
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    • pp.761-770
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    • 2021
  • In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

A Study on the Duty of the Business Owner in the Contents(Casino) Corporation related with the Commercial Law - In the case of claim for damages of the gambler against the Kangwon Land(Supreme Ct. 2014.8.21, 2010다92438 case) (상법상 유기장콘텐츠 영업주(카지노영업주)의 주의의무에 관한 연구 -강원랜드 카지노 이용자의 손해배상청구의 경우 (대판 2014.8.21., 2010다92438 전원합의체 판결))

  • Chun, Woo-Hyun
    • The Journal of the Korea Contents Association
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    • v.17 no.12
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    • pp.180-190
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    • 2017
  • This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

A Study on Safety Inspection Model for Small Scale Construction Field (중.소규모 건설현장 안전점검 모델 연구)

  • 안병수;양광모;강경식
    • Proceedings of the Safety Management and Science Conference
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    • 2001.11a
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    • pp.169-174
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    • 2001
  • IMF이후 건설 물량은 감소하고 있는 경향이나 재해율은 그다지 감소하지 않고 있고 여전히 중대재해는 계속 발생하고 있는 추세이며, 건설업체에서는 안전관리에 대한비용을 더욱 아끼려 하고 있어 비용절감을 위해 재해예방을 위한 안전시설 비용이나 안전활동 비용을 투자하지 않고 있다. 따라서, 본 연구는 중·소규모 건설현장 안전점검의 실태를 조사 분석하여 문제점을 도출하고 효율적 운영방안을 제시하는 것으로 하였다 현행 안전점검의 실태조사를 위하여 안전점검의 관계담당자인 전국의 노동부 지방노동관서 근로감독관, 한국산업안전의 각 지역본부 및 지도원 기술직원, 안전점검대상 건설현장 관계자에게 각각 설문 조사지를 배부하여 실태를 조사하고 분석하였으며, 또한 노동부의 최근 년도인 1999년, 2000년도의 재해발생통계 및 안전점검실적 자료, 대한건설협회의 최근 년도별 건설공사 수주금액, 공사규모별 현황 및 외국의 건설현장 안전점검사례를 수집하고 분석하였다. 이러한 실태조사 등 수집된 자료분석 및 각종 참고문헌 연구를 통하여 안전점검의 대상현장을 선정하는 기준과 위반사항에 대한 행정 및 사법조치 기준에 대한 문제점을 제시하고 이러한 문제점에 대하여 효율적인 개선대책을 제시하였다.

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Recidivism Follow-Up Study on Sex offenders under Electronic Monitoring (성범죄 전자감독대상자들에 대한 재범추적 연구)

  • Lee, SeungWon;Lee, SueJung;Seo, HyeRan
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.15-33
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    • 2021
  • In this study, we analyzed the difference in survival rates of those subject to electronic supervision of sex crimes based on the tracking of the period of recidivism and whether they were recidivism, and wanted to confirm the ability of the criminal record to predict recidivism. The criteria for recidivism were defined as cases where a conviction was confirmed due to a criminal case that occurred during the execution of electronic monitoring, and the date of recidivism was the date of occurrence of a case that was confirmed guilty. A total of 122 re-offenders were used in the analysis, and all of them were charged with electronic supervision for committing sex crimes. Studies have confirmed that the subjects commit the most recidivism within three years. In addition, in this study, the difference in survival rate between groups was analyzed after classifying mixed and sex recidivism cases. The number of members was 88 for the mixed recidivism group and 34 for the sex recidivism group. The analysis confirmed that both groups had the most recidivism within three years. There was a slight difference between the survival rate of the mixed recidivism group and the survival rate of the sex recidivism group. So the Log Rank Test and the Generalized Wilcoxon Test were conducted, but no statistically significant differences were identified(Wilcoxon statistic = 2.326, df = 1, p = .13, Log Rank = 1.345, df = 1, p = .25). Next, a Cox Regression analysis was performed to confirm the ability of the criminal record to predict recidivism. As a result, the number of criminal records(sex offense, violent crime) have been confirmed to be a good predictor of recidivism(X2=27.33, df=1, p< .001). As a result, the recidivism rate is gradually decreasing due to the implementation of the electronic monitoring. However, the duration of recidivism required by sex offenders in high-risk groups was found to be rather short. Currently, security measures against felons are being strengthened, so it is necessary to select high-risk groups. Therefore, based on the related studies, the characteristics of high-risk groups and the results of recidivism studies will be used as a basis for disposal within the criminal justice system, which will play a major role in granting objectivity.

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A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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자판기 불법자금모집업체 식별 및 근절대책

  • 한국자동판매기공업협회
    • Vending industry
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    • v.3 no.1 s.9
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    • pp.64-69
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    • 2004
  • 고수익을 미끼로 한 자판기 분양사기가 최근 급증하고 있어 큰 문제가 되고 있다. 무조건 자판기 수익성만을 과대포장하여 투자자들의 `묻지마` 투자를 유도한 후 돈만 챙기고 사업에서 손을 떼어버리는 사기행각은 그 피해대상이 대부분 서민이라는 점에서 문제의 심각성을 더한다. 자판기가 불법 자금 모집을 통해 사기의 대상으로 외부 인식이 악화되어 버린다면 자판기 산업의 입지 역시 크게 좁혀 질 수 밖에 없다. 자판기 품목에 있어서는 불법자금모집의 대표적인 사례가 되는 경우는 확정수익을 보장한다며 투자자를 모집하는 경우이다. 그 후 일정기간동안 수익을 보장하며 투자자를 안심시킨 다음 일순간 돌변하여 자금을 챙겨 잠적을 하는 수순을 밝는다. 선의의 투자자들은 이럴 경우 엄청난 피해를 입게 되는 게 보통이다. 대개의 경우 기계 1~2대의 소량물량이 아닌 5대~l0대 단위의 투자를 유도하기 때문이다. 이제는 자판기 산업에 있어 이러한 악성 불법자금 모집업체들이 근절되어야 한다. 이 불법 사기행각의 대상이 더 이상 자판기 분야에 발을 붙이지 못하도록 하는 제도적 비책이 시급히 강구 되어야 한다. 이러한 가운데 금융감독원 비은행감독국 비제도금융조사팀에서는 올들어 지난 9월말까지 고수익을 미끼로 투자자금을 모집하다가 금감원에 적발된 유사 금융업체 85개사 명단을 사법당국에 통보했다. 불법자금모집 업체들이 투자자들을 유혹하기위해 미끼로 내세운 사업을 종류별로 보면 자판기, 게임기, 컴퓨터단말기 등 특정상품 운영권 제공이 29개사로 가장 많고, 사이버 쇼핑몰 및 인터넷사업(18개사), 납골당 등 부동산 투자(12개사), 영화등 문화 및 레저사업(10개사), 영화문화 및 레저산업(10개사), 벤처투자사(9개사) 등이었다. 자판기 분야에 있어서는 주로 성인용품자판기, 복권자판기 등의 품목이 불법자금 모집의 집중 타킷이 되었다. 금감원은 최근들어 유사 금융업체의 자금모집이 전문가도 속을 정도로 지능화하고 있다며 개인투자자들이 피해를 예방할 수 있는 불법업체 식별법을 금감원 인터넷 사이트(www.fss.or.kr)에 게시했다. 금감원은 특히 사업현황에 대해 지나치게 보안을 유지하는 업체, 1백$\%$이상의 터무니없는 고수익을 보장한다고 광고하는 업체, 제도권 금융회사의 지급보증을 강조하는 업체에 대해서는 투자에 앞서 금감원이나 업종 관련 정부당국에 사실여부를 확인해 보고 투자여부를 결정하라고 통보했다. 아울러 금감원은 금융소비자들이나 자판기 업계에서 불법자금 모집업체를 발견하여 전화(02-3786-8155~9)나 인터넷소비자 보호센터와 경찰에 신고해줄 것을 요청했다. 이제는 산업계도 더 이상 자판기 분야의 불법자금업체를 방치하지 말고 적극적인 금감원 신고를 통해 시장을 정화할 수 있게 해야 한다. 미꾸라지 한두마리가 온 개천 물 다 흐려놓는 이치처럼 자판기불법자금업체들로 인해 전체 산업에 미치는 영향이 실로 심각함을 인식해야 할 때이다. 금호 산업정보에서는 산업계에서 불법자금업체 근절에 많은 관심을 가질 수 있게 하기 위해 금융감독원 비은행감독국 비제도금융조사팀에서 배포한 $\ulcorner$불법자금 모집업체 고수익 보장 유혹에 주의$\lrcorner$ 에 대한 보도자료의 세부내용을 게재한다.

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A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.