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A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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A Study on Improving Scheme and An Investigation into the Actual Condition about Components of Physical Distribution System (물류시스템 구성요인에 관한 실태분석과 개선방안에 관한 연구)

  • Kim, Kyeong-Cho
    • Journal of Distribution Science
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    • v.7 no.4
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    • pp.47-56
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    • 2009
  • The purpose of this study is to present an alternative improving the efficient and reasonable of the physical distribution system management is influenced by many factors. Therefore, the study depends on the documentary method and survey method to achieve the purpose of this study. The major components of a physical distribution system are refers to as elements, include warehouse·storage system, transportation system, inventory system, physical distribution information system. The factors used in this study are ① factor of product(quality·A/S·added value of product·adaption of product·technical competitive power to other enterprises), ② factor of market(market channel·kinds of customer·physical distribution share), ③ factor of warehouse·storage(warehouse design·size·direction·storage ability·warehouse quality), ④ factor of transportation(promptness·reliability·responsibility·kinds of transportation·cooperation united transportation system·national transportation network), ⑤ factor of packaging (packaging design·material·educating program·pollution degree measure program), ⑥ factor of inventory(ordinary inventory criterion·consistence for inventories record), ⑦ factor of unloaded(unloaded machine·having machine ratio), ⑧ factor of information system (physical distribution quantity analysis·usable computer part), ⑨ factor of physical distribution cost(sales ratio to product) ⑩ factor of physical distribution system(physical distribution center etc). The implication of this study can be summarized as follows: ① In firms that have not adopted a systems integrative approach, physical distribution is a fragmented and often uncoordinated set of activities spread throughout various functions with function having its own set of priorities and measurements. ② The physical distribution is recognized as more an important strategic factor than a simple cost reduction factor, ③ It can be used a strategic competition tool to enterprise.

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Change in Concepts and Status of Park and Green Space in Urban Planning Documents of Gyeongseong (경성부 도시계획서 상의 공원녹지 개념과 현황의 변화 양상)

  • Cho, Seho;Kim, Youngmin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.2
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    • pp.117-132
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    • 2019
  • The study examines the significance and limits of modern park planning by analyzing major planning documents of Gyeongseong in the Japanese colonial era. Among seven selected documents from 1925 to 1940, which show the contents related with park planning, documents of 1930 and 1940 presented the official park plan of Gyeongseong. By the 1920s, the park plan was not a major concern in urban planning of Gyeongseong; however, as the planning law as enacted in 1934, the park plan legally became a part of the official master planning process in the 1930s. In 1940, the most comprehensive park plan for Gyeongseong was published. In the beginning of modern urban planning, a park was mainly perceived as a sanitation utility. From the 1920s to the 1930s, the park planning system was significantly improved including systemic classification of parks, guideline development considering spatial planning, and introduction of a concept of infra-structural green space. Despite of the improvement in the park planning, the actual quantity of the overall green spaces barely changed and there was a huge discrepancy between the planning ideal and the reality. The Gyeongseong stadium was the only facility newly built in the 1920s, and only two parks were constructed in the 1930s. The plan to build 38 new parks in the 1930, and 140 in the 1940 was barely realized. However, there were efforts to improve parks and green spaces of Gyeongseong: Such as appropriating natural forest as parks, designating royal palaces as parks, and focusing on constructing smaller scale children's parks. Even though the ideal plan could not be fully implemented due to the war time situation and tight budget, the park system of Gyeongseong provided the framework of park planning of Seoul after the independence.

A Study on the Cooperation between Medical Care and Law - Focusing on the discussion of the role of clinical practice guideline in Japan - (의료와 사법(司法)의 협력 -일본에서의 진료가이드라인의 역할에 대한 논의를 중심으로-)

  • Song, young-min
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.39-65
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    • 2022
  • There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

A Study on Legal and Regulatory Improvement Direction of Aeronautical Obstacle Management System for Aviation Safety (항공안전을 위한 장애물 제한표면 관리시스템의 법·제도적 개선방향에 관한 소고)

  • Park, Dam-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.145-176
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    • 2016
  • Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.