• The Korean Journal of Archival Studies
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• no.39
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• pp.45-72
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• 2014

In the recent years, Gov.2.0, which strengthens not only a claim for freedom of information but also sharing public information, became a new paradigm of government operations. In line with the paradigm the Korean government promotes the Gov.3.0 policy. This study exams the freedom of information system, which expends its roles and responsibilities for enhancing the usage of public information in the Gov.3.0 era. Furthermore, it analyzes the system's usability from the perspective of users. The freedom of information system is the fundamental portal for all the public information's disclosure and usage. Without providing the solution for problems of the system, the Korean government's Gov3.0 policy cannot succeed. Also, Park Geun-hye Government's Gov.3.0 initiatives which consists of tasks, such as reinforcing freedom of information, immediate releasing original documents, and expending public access to information, should be done through the freedom of information system. The importance of the system is increasingly heavy. It is not only the simple online contact point for public information, but also a public sphere for sharing public raw data and for implementing the Gov.3.0 vision. However, the current system still does not slove it problems. This study analyzes the system's problems in terms of usability and sustainability. As a result, it provides three alternative strategies for the freedom of information system, including 'personnel and financial support expansion', 'strengthening user-friendly operating' and 'establishing long-term strategies for system improvement.

• The Korean Journal of Archival Studies
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• no.50
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• pp.389-423
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• 2016

This paper aims at examining the local records management under the influence of the Public Archives Act established in 2009 through a case study of prefectures and large cities with prefectural level dominions in Japan. The records management in local government has been carried out on the basis of 'the document management rule' in administrative agencies without the public archives management law. Modification of laws and ordinances in relation with records and archives management and reorganization of archives are proceeding to realize 'proper records management' in local government. Even if the content and levels are varied due to the situational conditions of local governments, the unitary records management system covering 'current and non-current' records is being adopted through the establishment of records management ordinances. In the process, local archives are pursuing strengthening and extension of their authorities and functions on records management. In addition, it is identified that observation of the provisions of records management ordinance is reinforced with public announcement of retention schedule and operation of public records management committees. These changes in local governments reflect the thought that administrative records are the intellectual property of the public and the intent of the law that accountability for the public should be achieved through the proper records management.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• Cartoon and Animation Studies
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• s.47
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• pp.31-52
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• 2017

NCS education was created to realize a society in which skills and abilities are respected, such as transcending specifications, establishing recruitment systems, and developing and disseminating national incompetence standards. At the university level, special lectures and job training are being strengthened to raise industrial experts. Especially, in the field of animation, new technologies are rapidly emerging and demanding convergent talents with various fields. In order to meet these social demands, there is a limit to the existing one-class teaching method. In order to solve this problem, it is necessary to participate in a variety of specialized teachers. In other words, rather than solving problems of students' job training and job creation, It is aimed to solve jointly, Team teaching was suggested as a method for this. The expected effects that can be obtained through this are as follows. First, the field of animation is becoming more diverse and complex. The ability to use NCS job-related skills pools can be matched with professors from other departments to enable a wider range of professional instruction. Second, it is possible to use partial professorships in other departments by actively utilizing professors in the university. This leads to the strengthening of the capacity of teachers in universities. Third, it is possible to build a broader and more integrated educational system through cooperative teaching of professors in other departments. Finally, the advantages of special lectures and mentor support of college professors' pools are broader than those of field specialists. A variety of guidance for students can be made with responsible professors. In other words, time and space constraints can be avoided because the mentor is easily met and guided by the university.

• Korean Journal of Social Welfare
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• v.58 no.2
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• pp.273-302
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• 2006

The introduction of cash payments for care is a distinct trend that characterizes changes in care policies since the 1990s. Recently, many developed countries have newly introduced or extended cash payments for care that allow care users to be able to plan themselves for their cares instead of receiving direct care services from the state. Cash payments for care can be said to be one of the alternative policies by which user choices are extended, and it becomes possible to establish demand-cantered care delivery systems more economically and effectively, hence addressing the issue of the financial limitations and rigid systems that are common in modern welfare states, which make it difficult to response to various needs. However, the design and administration of cash for care vary across different countries. Such variations of cash for care policies influence on the combination of consumerism (based on liberal market values intrinsic in the care market) and citizenship based on social solidarity. Those variations eventually produce impacts on the balance of responsibilities and the roles of families, the state and market regarding care in other words, balancing of welfare pluralism. This paper has attempted to find general meanings and particularity of cash for care polices in modem welfare states by means of looking at the characteristics of cash for care policies of four different countries (Netherlands, France, Germany and Italy) and their impacts on their care market. If the four countries are ranked by the degree that they emphasize citizenship in light with social rights, the Netherlands, France, Germany and Italy could be placed in due order. From an economic point of view and in terms of cost containment, those countries will be placed in an inverse order, It is apparent that in the course of planting cash for care policies in the existing social systems involving different socio-cultural conditions and labour markets, sometimes more emphasis is placed on the citizenship of care users, family carers and care providers than on cost containment issue, and sometimes vice versa. Behind this lies the process of different social valuation on what care is about; who can better deliver care; who should be responsible for care; how responsibilities should be shared and so on.

• The Korean Journal of Archival Studies
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• no.45
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• pp.219-253
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• 2015

The Records Management System in Japan has been developed to a comprehensive and unitary records management system based on the records life-cycle principle from the enactment of 'the Public Records and Archives Management Act' in 2009 and its implementation in April, 2011. The scope of objects has also been extended to documents of independent administrative institutions and specific confidential documents on diplomacy and defense. In addition, a series of Electronic Documents Management Systems have been built for the transfer of electronic records to the National Archives of Japan, which is called the Electronic Records Archives of Japan, in connection with the records and archives management systems covering creation, management, transfer, preservation, and use of electronic records. This paper deals with the core contents and characteristics of the records management system of Japan, focusing on the operational structure of the records and archives management law and electronic documents management. Firstly, The Cabinet Office and professional groups in records and archives management started to work on reformation of the records management system from 2003 and resulted in enactment of the Public Records and Archives Management Act in 2009. In that sense, the Public Records and Archives Management Act can be evaluated as a result of constant activities of the records management community in Japan for realization of accountabilities of government agencies to the general public. Secondly, the Public Records Management Act of Japan has a coherent multi-layer structure from the law, enforcement ordinances, guidelines, and to institutional documents management regulations in the operational system. This is a systematic structure for providing practical business units of each administrative agency with detailed standards on the basis of guidelines and making them to prepare their own specific application standards related to their unique businesses. Unlike the past, the National Archives of Japan became to be able to identify specific historial documents which should be transferred to the archives by selecting important historical records as early as possible after creating and receiving them in each institution through the retention schedule. Thirdly, Japan started to operate a system in regard to electronic records transfer and preservation in 2011. In order to prepare for it, each administrative agency has used EDMS in creation and management of electronic records. A Guideline for the Standard Format and Media released by the Cabinet Office in 2010 is also for the transfer of electronic records to the Electronic Records Archives of Japan. In future, it is necessary to conduct further studies on activities of the records and archives management community in Japan, relating to long-term preservation and use of electronic records.

• (The)Study of the Eastern Classic
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• no.57
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• pp.9-40
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• 2014

This article focuses on Yeheon's consideration and solution for the hostile of social circumstances during the time of the Japanese invasions. Yeheon thought that the Chosun dynasty must have faced such disorder before the war happened. People including the king and his subjects did not live their life according to the righteous principle, and the state was not under control in a way that it should accomplish the Dao. Yeheon thought that the Japanese invasion, which is more like a flood or certain disasters, was not primarily responsible for the harshest of environments. Yeheon paid his attention to the fact that even after the Japanese invasions ended, people were still in disorder losing their mind-and-heart. People's mind-and-heart became that of animals because of starvation and disease. This is because the government made people trapped in a difficult situation by forcing them to prepare for military operations, rather than taking care of them. As a result, in Yeheon's view, the main cause of the social disorder was people's lack of mind-and-heart, which brought about their actions of brutality like those of animals. Although Yeheon himself did not form righteous armies, he instead suggested a right path to overcome and solve the social disorder by describing and analyzing in detail the reality of the war as well as the problems of policies. In particular, Yeheon studied the Zhou yi at the time because understanding the principle of fortune and misfortune, as well as the rise and fall of a state, could give a proper solution to the social turmoil of his times. In Yeheon's eyes, the most important thing to do in the time of people's losing mind-and-heart was to follow li and accomplish the Dao in their daily life. And this was what he, as a gentleman, should do. Yeheon thought that in spite of the harshest of environments, one can still preserve one's grace and dignity, which would overcome one's adversity. This gives us the following questions: should one put aside one's grace and dignity to overcome wartime perils? Or in so doing, one should face more severe time after a short period of peace and stability? These questions concern the relationship between one's morality and the state's responsibility, and what is the right way of doing one's duty to the state is the main philosophical subject in this article.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.299-346
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• 2016

There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.