• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.708-716
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• 2019

After the Sewol ferry disaster, the maritime safety supervisor system was introduced to strengthen maritime safety control for coastal vessels. If any critical defect is found in vessel facilities during periodical or occasional guidance and supervision on a vessel, a maritime safety supervisor takes an administrative measure: detention of the vessel until it has been completely corrected. The detention order is one of the most powerful regulations exercised by a maritime safety supervisor. It would not be an overstatement to say that the guidance and supervision conducted by a maritime safety supervisor is very important for the safety of a vessel and protection of the maritime environment. However, the regulatory level of each Regional Office of Oceans and Fisheries toward vessels may vary with the enforcers, and an individual's intentional act or negligence might occur during the execution process. Detention of a coastal vessel by the Regional Office of Ocean and Fisheries can easily lead to delayed navigation, and a vessel owner may suffer economic loss from suspension of a charter party. Nevertheless, the Maritime Safety Act does not prescribe filing a petition for objection to the measure of detention order by a maritime safety supervisor. To overcome this problem, therefore, the objection procedure under the Maritime Safety Act has to be reformed to reclaim a right against an inappropriate detention order measure caused by an individual's intentional act or negligence through a formal objection.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• The monthly packaging world
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• s.262
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• pp.94-104
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• 2015

환경부는 '화학물질의 등록 및 평가 등에 관한 법률(화평법)'과 '화학물질관리법(화관법)' 시행규칙을 공포하고 지난 달부터 시행했다. 환경부에 따르면 두 법안은 화학물질의 체계적인 관리로 사전에 안전사고를 예방하고 국민건강과 환경을 보호하기 위해 제정됐다. 화학물질의 생산 유통 등 모든 과정의 안전관리를 강화하는 것이 골자다. 우선 화평법 시행에 따라 모든 신규 화학물질과 연간 1톤 이상 제조 수입되는 기존 화학물질에 대한 등록이 의무화되고 등록 신청 기준도 강화된다. 다만 제조 수입량이 연간 1톤 미만일 경우 등록 신청 제출 자료를 정식 등록 9개보다 적은 4개로 간소화하고 등록기간도 30일에서 3~7일로 줄였다. 또 유해물질 함유제품으로 인한 피해를 예방하기 위해 생활화학 제품 15종을 우려제품으로 지정해 안전 표시기준을 준수하도록 했다. 관리대상 품목은 세정제 합성세제 표백제 섬유유연제 코팅제 접착제 방향제 탈취제 방청제(금속부식 방지제) 김서림방지제 물체염탈색체 문신용염료 소독제 방충제 방부제 등이다. 화관법에서는 유해 화학물질 취급 때 공통 적용되는 46개 준수사항을 규정하고 물질별로 구체적인 취급기준을 고시하도록 했다. 취급시설의 설치 관리기준도 시설 종류별로 구체화했다. 새로 도입되는 장외 영향평가는 취급시설 설치자가 화학사고 발생 시 사업장 주변지역 사람이나 환경에 미치는 영향을 사전에 평가해 시설을 안전하게 설계 설치하도록 규정했다. 과징금과 행정처분 기준도 구체화했다. 행정처분은 2년 내 위반 횟수에 따라 경고 개선명령 영업정지 허가취소로 차등화하고 사고가 일어나면 사상자와 사업장 밖 피해액을 기준에 따라 산정해야 한다. 본 고에서는 두 법률의 주요 내용과 함께 주요 문의 사항을 살펴봄으로써 이해를 도우고자 했다.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• Korean journal of communication and information
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• v.46
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• pp.627-670
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• 2009

This study analyzed Korean Fair Trade Commission's judgemental cases of cartels in telecommunications and media industry and presented the following results. First, cartels were formed frequently in multi-channel broadcasting industry, telecommunications industry, movie industry, and newspaper industry. In addition, price-fixing were observed in almost all subfield of telecommunications and media industry. Second, administrative guidance facilitated more opportunities for collusion in the telecommunications industry than in the media industry. Third, the telecommunications and media industry, similar to overall domestic industries, had a high proportion of hard-core cartels. Fourth, the depth of judgemental case in evaluating agreements among competitors was generally low, even though detail evaluations were found in the cases of large fines. Fifth, the overall level of sanctions was relatively low.

• 정보화사회
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• s.93
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• pp.31-33
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• 1995

정보통신부는 새 청사 이전을 계기로 추진해 온 통합사무자동화 시스템구축을 완료해 7월 12일 오전 10시 21층 대회의실에서 경상현장관을 비롯한 관계자 100여명이 참석한 가운데 시연회를 갖고 본격 가동에 들어갔다. 이날 시연회에서는 $\blacktriangle$전자게시판을 이용한 "월간업무 실적 및 계획"과 "7월 당직명령"처리과정 $\blacktriangle$전자우편을 이용한 업무보고 $\blacktriangle$사무관이 기안한 문서를 과장.실장.차관을 걸쳐 장관이 전자결재로 결재하는 과정 $\blacktriangle$장관이 전자결재한 문서를 자동저장하고 검색하는 과정 등을 보여주었다. 한편 경장관은 본부직원 전원이 참석한 7월 월례조회 석상에서 "앞으로 이 시스템을 통하지 않으면 절대 결재받을 생각을 하지 말라"고 말해 행정정보화 정착에 강한 의지를 나타낸 바 있다.

• Journal of the Korean Society of Hazard Mitigation
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• v.9 no.6
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• pp.69-75
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• 2009

This paper examines the evolving role of ijang(village representative) and his job stress during Pyeongchang floods in 2006. Results based on telephone survey and interviews reveal that ijang played a crucial role in evacuating residents, allocating resources and commanding the recovery, although official job description considered him as only a mediator between local officers and villagers. Moreover, unexpected enormous burden created severe job stress to many ijangs; while 60 percent felt like quitting the job, about three fourth felt fretful whenever the telephone rang and lost some weights. Chi-square analysis also indicated that previous job training, villagers' abuse, and disaster damages were significantly related with job stress. These results suggest that the emergent human resources model rather than the command and control model can be an effective approach for a disaster management plan in rural Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.235-251
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• 2005

German working hour law of 1994(Arbeitszeitgesetz) provides maximum working hour as 8 hours a day and 48 hours per week. The law provides that minimum 11 hours rest-time is required between the end of a day's work and the beginning of the next day's work. Namely, the hour that the workers are put under commanding of the user is restricted within 13 hours per day. In the meantime, article 5, 7, 14, and 15 of the law have some letting the exceptional provisions regarding the working hour and rest-time of flight crew, and 2nd administrative order for the aviation transportation business owner, which is established based on such exceptional provisions(2.DV LuftBO), provides the working hour and rest-time of flight crew quite in detail. The administrative order is detailed quite regarding block time, flight working hour, and rest-time. So, it does not need to interpret additionally. Airlines in Korea should observe the both Labor Standard Act applying to general workers and Aviation Act focused on flight crew, so it is difficult that airlines manages working hour and rest-time of the flight crew efficiently. Therefore, it is desirable that our country refers to and considers adopting this legislation method of Germany which regulates working hour and rest-time of flight crew in detail in the 2.DV LuftBO.

• Journal of Internet Computing and Services
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• v.22 no.4
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• pp.123-134
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• 2021

This paper suggests that the Internet is not free through analysis of U.S. Internet history and lawsuits related to the Charter merger in 2016. Generally speaking, the players in internet connectivity market agree to Non-Disclosure Agreement, when connecting their facilities and networks each other. So, I adopted the case study & analysis as research methodologies due to limitation of collecting the transaction data between them. The former finds that Internet access has never been free in U.S Internet history. As we know, some including Content Providers(CPs) argue that the Internet is a free network and there are many cases to use the internet for free, so they came to conclusion that ISPs have no right to charge the users like CPs. This study refutes these arguments in two ways. One is that using the internet has never been free. From ARPANET, known as the beginning of the U.S. Internet, to the commercialization of backbone, no Internet has been considered or implemented for free since the early Internet network was devised. Also, the U.S government was paying subsidies or institutions were paying fees to secure network operations for the NSFNET backbone. the other is that "free peering" refers to barter transactions between ISPs, not to free access to counterpart internet networks. Second, this study analyze the FCC' executive order of conditioned merger approval and the court's related ruling and verify that using the internet is not free. According to the analysis, this study finds that it's real situation to make paid settlements between ISP-CPs (including OTTs) in the US Internet market at the moment. This study concludes that the Internet has never been free in terms of its technical characteristics, network structure, network operation, and system. Also it proposes how to improve the domestic settlement system between ISPs-CPs in terms of policy and regulation.