• 제목/요약/키워드: 행정입법

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A Study on the Problem and Improvement of Elevator Safety System - A Study on the Improvement of Legal Engineering between Elevator Engineering and Related Laws -

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • 제25권10호
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    • pp.221-230
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    • 2020
  • Elevators, an important vertical means of transportation used daily, have enriched the city into a state-of-the-art giant skyscraper forest. The purpose of this study is to analyze problems about elevator safety and present engineering and legal improvement measures. The research method adopted the important engineering elements that make up elevator safety and the elevator safety law and the method of analyzing the papers already studied. Based on his experience as a policy advisor to the Korea Elevator Safety Authority, he analyzed the problems of the related statutes, focusing on the construction, electrical, electronic, information and communication, and the elevator safety law, which comprise the elevator safety system. As a result of the research, it was suggested that the so-called legal engineering system should be established through the convergence of laws and disciplines related to elevator safety. This study is expected to be an alternative to establishing an engineering and legal convergence system for elevator safety in the future.

A Study on Improving Laws and Regulations for Open Access of Research Papers from National Research and Development Projects (국가R&D 논문성과물의 오픈액세스를 위한 법규 개선방안)

  • Cha, Mikyeong;Song, Kyeong-Jin;Kim, Na-Young
    • Journal of the Korean Society for Library and Information Science
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    • 제51권1호
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    • pp.147-174
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    • 2017
  • Open Access (OA) policy to scholarly publications from publicly funded research goes toward making a law at the national level. The purpose of this study is to suggest the ways of improving laws and regulations for OA of scientific publications from national R&D projects. For that purpose, this study analyzed cases of USA, Spain, Germany, and France which have already legislated OA related laws and regulations. Based on the results, the followings were proposed: 1) to unify definitions of research outcomes and to include research papers to the definition. 2) to strengthen OA obligations by amending "Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc." by to specify related articles about submission, making public, enrolling, deposition, and possession of research papers, and 3) to revise administrative rules and "Regulations on Management of National Research and Development Projects" which common to all administrative according to amending the law.

A Study on Government Documents and the Federal Depository Library Program (FDLP) in America (미국의 정부 문서와 연방정부 간행물 기탁 도서관제도(FDLP)에 대한 고찰)

  • Han Rho, Jinja
    • Journal of Korean Society of Archives and Records Management
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    • 제9권2호
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    • pp.5-18
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    • 2009
  • Congress established the Federal Depository Library Program (FDLP) to ensure that the public has free access to the Government's information. Operated by the U.S. Government Printing Office (GPO), the mission of the FDLP is to disseminate information products from all three branches of the Government to over 1,250 Depository libraries in the FDLP program nationwide. Depository libraries safeguard the American public's right to information by making Government information in all formats freely available. This paper discusses the role of the GPO and FDLP, the GPO's organizational structure, the Depository library's obligations and responsibilities, services and collections, referrals and networking, and the Depository's future and challenges.

Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
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    • 제7권12호
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    • pp.105-113
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    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

Regulatory Reform and National Assembly: Rationale, Theoretical Models, and Organizational Alternatives (규제 개혁과 국회: 참여논리와 개입모형의 설계)

  • Chun, Young-Pyoung
    • Korean Journal of Legislative Studies
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    • 제15권1호
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    • pp.177-207
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    • 2009
  • This paper deals with the future role of Korean National Assembly in regulatory policy making, Implementation, and evaluation. For this purpose, the author developed the logic for NA's intervention to the regulatory policy making by the executive branch and presidency. Five models of regulatory initiative between National Assembly and the executive branch are also developed by the author. Lastly, new organizational alternatives for the National Assembly to initiate, to participate and to evaluate national regulatory reform policies.

U.S. Commercial Space Regulatory Reform Policy (미국의 상업적 우주활동에 대한 규제개혁 정책)

  • Kwon, Heeseok;Lee, Jinho;Lee, Eunjung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • 제46권12호
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    • pp.1056-1069
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    • 2018
  • In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • 제39권6호
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    • pp.86-97
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    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

A Review of China's Endangered Species Protection Act and Suggestions for Improvement (중국의 멸종위기종 보호법에 대한 검토와 개선책)

  • Park, Eun-Ok;Choi, Sang-duk;Jeon, Hong-Il;Xu, Yanting
    • Journal of the Korean Society of Marine Environment & Safety
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    • 제24권1호
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    • pp.112-118
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    • 2018
  • The purpose of this study is to analyze endangered species laws and systems in China from the viewpoint of the importance of protecting biodiversity and to propose suggestions for existing wildlife protection laws in China to improve efficacy. Since the People's Republic of China Wildlife Protection Act was promulgated and enforced in 1988, China has found that urgent amendments are necessary because of neglected management of the act. The content of the Wildlife Protection Act of China is not only monotonous and unsystematic, but also needs modification and supplementation because it is pre-modern and does not meet current demands. In comparison with other countries, the purpose of China's legislation, supervision system, scope of protection and public participation system differ. China's Wildlife Protection Act is also hindered by confusion in the legislative protection system, lack of an administrative compensation system, difficulties in implementation, deterioration of legal efficiency, lack of content and operations, and lack of a list of species that should be is protected. This paper proposes measures for improvement to solve this confusion in the legislative system for the endangered species protection law to establish a legal system suitable for the current situation in China.

De Lege Ferenda for Improvement of the Management System for Sunken Vessels (침몰선박 관리체계의 개선을 위한 입법론적 연구)

  • Jeon, Yeong-Woo;Jeon, Hae-Dong;Hong, Sung-Hwa
    • Journal of the Korean Society of Marine Environment & Safety
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    • 제23권5호
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    • pp.462-472
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    • 2017
  • Sunken vessels on major fairways can cause many problems in terms of maritime safety and the marine environment. In order to prevent secondary marine pollution accidents caused by sunken vessels, information on sunken vessels has been collected, a risk assessment has been conducted, and the relevant vessels are being managed according to the results of each assessment. However, there is still a demand for improvements. The most important of the improvement plans is a paradigm shift. In other words, the management of sunken vessels needs to be transformed according to a new paradigm to manage all sunken vessels within three years from the time of sinking. Legislative improvements are also needed for the reporting system for sunken vessels, risk assessment tools, the implementation of risk mitigation measures, and criteria for the implementation cost of risk mitigation measures. In addition, close coordination between marine pollution response and sunken vessel management efforts is needed. As the division of duties between the Korea Coast Guard and the Ministry of Oceans and Fisheries is vague, collaboration between the two ministries is required. Close collaboration is also needed between the departments of navigation safety management and sunken vessel management. Therefore, it is necessary to more clearly establish the relationship between the two systems and create a synergy effect between the two administrative operations using the results of the risk assessment in the Marine Environment Management Act to determine the navigational risk posed by obstacles with regard to the Maritime Safety Act.

An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
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    • 제19권1호
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    • pp.81-111
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    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.