• 해운
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• no.10 s.9
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• pp.29-31
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• 2004

우리나라는 지난 1961년 12월6일 해난심판법이 공포된데 이어 1963년 1월21일 해난심판위원회가 설립되었으며, 1999년 8월6일 현재의 해양안전심판원으로 개칭됐습니다. 해양안전심판원은 그동안 해양사고에 대한 전문적인 조사 및 심판을 통해 사고 원인을 규명하는 등 해양안전 확보에 크게 기여하였습니다. 특히, 우리나라의 경우 지방심판원 재결은 지방법원의 판결에 갈음하고, 중앙심 판원 재결은 고등법원의 판결에 갈음하는 성질을 가지게 하면서 중앙심판원의 재결에 대한 불복이 있을 경우에는 대법원에 소를 제기하는 3심제적 제도를 갖추고 있습니다. 이번 호부터 중앙해양안전심판원의 주요심판사례를 연재합니다. 여러분들의 업무에 도움이 되었으면 합니다.(편집자 주)

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.56-57
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• 2007

해양안전심판원에서 재결한 내용을 몇 가지의 사례 분석을 통하여 우리나라 사법부에서 현재 어떻게 인용하고 있는가를 조사한 것으로 이를 통하여 해양안전심판원의 재결에 대한 전문성 및 신뢰성 등이 점차 견고하게 쌓아지고 있음을 밝히려는 것이다.

• Digital Contents
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• no.9 s.64
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• pp.84-86
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• 1998

지난달 전문 명세서를 실시간으로 입수가능한 DB 서비스, Gnet에 대한 설명에 이어 이번호에는 비록 전문 명세서의 입수는 불가능하지만 요약 및 초록, 심판 정보등의 주요 자료를 제공해주는 일본 특허 정보 서비스 Patolis에 대해 살펴보도록 하겠다.

• Journal of Digital Convergence
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• v.16 no.2
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• pp.471-477
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• 2018

The Journal of Digital Policy & Management. This space is for the abstract of your study in EnThis research aims to analyze the difficulties associated with the squash referee's decision by using the phenomenological analysis of Giorgi. With such approach, this paper investigated the fundamental causes of the difficulties of the decision making process of the referee, and then argues the needs for eliminating such causes. Five referees were recruited as the study participants, among the experienced referees with more than 10-year experience and 2nd grade certification, issued by the Korea Squash Federation. The research was conducted between June 2015 and July 2016. Participatory observation, semi-structured in-depth interview. Following Giorgian four-step phenomenological analysis, all transcribed interview data were categorized into three components-'problems from the individual situation', 'problems from the social situation', and 'problems from the circumstantial situation'. Although the referees are one of major factors that determine the success and failure of the game, their working condition is far from the ideal, as observed in the problems above. Therefore, to improve the quality of the judgement, it is most important to reward the referees, who are the subject of the decision, with better economic treatment. Such improvement of the working condition of the referees is also highly related with the reproduction and professionalization of the referees.

• Journal of Navigation and Port Research
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• v.27 no.2
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• pp.129-135
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• 2003

This study describes and discusses the marine accidents investigation & inquiry system of Korea, U.K., U.S.A., the Netherlands and Japan. As the results of the comparison of them, the following recommendations are made with respect to improve the system in Korea. (1) The Agency should be independent from the central Government with respect to the budged, personnel management and a agency building. (2) The inspection function and judgment function should be divided into separate Agency. (3) The Agency should has a recommendation right to Government agency according to the results of investigation. (4) The composition of inspectors & judges must be diversified including navigation, marine engineering and naval architecture background. (5) The Agency should have co-operative system with the Marine Police Agency. (6) International affairs division should be included in the Agency to promote international relations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.125-134
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• 2022

The Korea Maritime Safety Tribunal is an institution that investigates marine accidents in accordance with the maritime safety adjudication procedure when marine accidents occur. It requires its investigators to be capable in specializing in marine accidents, including possessing the following: a level 2 or higher maritime license, experience on boarding, and specialized knowledge on ships. It also requires separate training for technical competency related to maritime accident investigations. However, the current education for marine accident investigators mainly consists of administrative tasks, which is not suitable to improving the investigator's technological competency, making its development urgent. This study aims to design training contents for marine accident investigators to strengthen their technical competence. To this end, we analyzed the contents of current investigator training, and reviewed the relevant laws and regulations, and training contents of investigators in advanced maritime countries and similar transportation institutions in Korea. According to the results, the training contents were designed to focus on strengthening technical competency, and proposed as a five-day course for basic and professional training. Based on the designed training contents, if in-depth research is conducted by sufficiently reflecting the working conditions of marine accident investigators in Korea, it will greatly help in improving the investigators' skills.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2016.05a
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• pp.194-195
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• 2016

IMO에서 규정하는 모든 교육 및 훈련을 이수한 전문 해기인력이 매년 배출되고 있지만, 해양사고의 발생은 끊이지 않고 있다. 이는 해양사고를 대처하는 해기사의 위험상황 대처 능력이 크게 개선되지 않았다는 점을 의미한다. 공통적으로 해기사에게 제공되는 교육 및 훈련뿐만 아니라 해기사 개개인의 위험요소를 파악하여 해당 위험 요소에 대한 매뉴얼을 제공할 수 있는 모델이 개발되면 해양사고를 대처할 수 있다. 이러한 모델을 개발하기 위하여 모델 구축에 필요한 데이터베이스(Data Base, D/B)가 필요하다. 이러한 D/B는 모델에 활용할 수 있도록 숫자로 표기된 것이어야 한다. 본 연구에서는 해양안전심판원에서 제공하는 해양사고 데이터를 수집, 분석하여 해양사고 예방을 위한 모델에 활용할 수 있는 해양사고 수량화 D/B를 구축하는 방법에 대하여 고찰하였다. 1차적으로 해양사고 수량화 D/B를 구축하였으나, 이의 유용성이나 목적에 적합한 D/B의 규모 등에 관한 연구는 추후에 계속 되어야 한다.

• Management & Information Systems Review
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• v.38 no.4
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• pp.61-78
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• 2019

When calculating gains from transfers of assets inherited or donated, the value recognized at the market price as of the date of inheritance or acquisition is recognized as the actual transaction value at the time of acquisition. However, Precedents for the appeal for review by the NTS, the request for adjudgment by the Tax Tribunal(TT) and the request of examination by the Board of Audit and Inspection of Korea(BAI) and the cases of the lawsuit have not shown a consistent results on how much such a the actual transaction value will be measured. This study investigates the operating state of the current tax appeal system using the statistical data of the TT, NTS, and BAI and cases of the lawsuit from 2008 to 2017, and suggests the Improvement of Capital Gains Tax Act on the transfer of inherited and donated property. As a result, total number of requested cases has diminished because cases of the pre-assessment review and the reconsideration appeal by the NTS have decreased steadily over the past decade, while the cases of the lawsuit and the administrative trials(the request for adjudgment by the TT, the appeal for review by the NTS, and the request of examination by the BAI) have been steadily increasing. Also This study found that more than 40% of the complainants proceeded with the cases of the lawsuit proceedings in disagreement with the disposition of tax dissatisfaction under the administrative trials. In addition, Even though the retrospective appraisal price is not recognized as the market price due to the strict interpretation of the tax regulations, it can be seen that it is interpreted as a more expanded concept in the application of the market price than the government office or the tax judge. Therefore, according to the precedents of the cases lawsuit, it is necessary to establish a regulation on the recognition of retroactive appraisal value.

• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.7
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• pp.1129-1139
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• 2022

Collision accidents happen frequently. The majority of ships involved in collisions in the coastal areas of Korea are middle and small size ships. The proportion of collision accidents is only 9% of all types of marine accidents; however, the number of casualties resulting from collisions is 34.4% of all human life damages. Generally, as reported by the people involved in these collisions, the navigation lights of the opponent ships were poor and invisible when the accident happened even though the weather and visibility were good. Furthermore, there are many insistences for poor navigation light conditions of the opponent ship in the bay or harbor. Therefore, it is necessary to analyze the present conditions and safety of navigation lights. Therefore, in this study, we examined the rules and books of navigation lights and compared it to that of other transportation systems, such as aircraft, trains, and road vehicles. Furthermore, we analyzed the current marine traf ic circumstances and ship collision accidents that happened in the past 5 years. Additionally, a questionnaire was prepared to gather the opinion of ship experts and secure the objectivity for improvement methods of navigation lights. Finally, methods to improve the navigation lights on ships were devised.