• Title/Summary/Keyword: Administrative Law

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Protection of Information Sovereignty as an Important Component of the Political Function of the State

  • Zadorozhnia, Halyna;Mykhtunenko, Viktoriia;Kovalenko, Hanna;Kuryliuk, Yurii;Yurchenko, Liubov;Maslennykova, Tetiana
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.151-154
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    • 2021
  • State information policy is an important component of foreign and domestic policy of the country and covers all spheres of society. The rapid development of the information sphere is accompanied by the emergence of fundamentally new threats to the interests of the individual, society, state and its national security. The article considers the components of the state information policy to ensure information security of the country and identifies the main activities of public authorities in this area. Internal and external information threats to the national security of Ukraine and ways to guarantee the information security of the country are analyzed. Information security is seen as a component of national security, as well as a global problem of information protection, information space, information sovereignty of the country and information support of government decisions. Approaches to ensure the process of continuity of the information security system of the state in order to monitor new threats, identify risks and levels of their intensity are proposed.

Necessity of Korean Integrated Life Safety Code and Fire Safety Performance Evaluation Technology (한국형 통합 인명안전코드 및 화재안전 성능평가기술의 필요성)

  • Kwon, Young-Jin;Koo, In-Hyuk;Jin, Seung-hyeon;Lee, Byeong-Heun;Kim, Yun-Seong
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2020.06a
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    • pp.50-51
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    • 2020
  • Recently, construction projects are gradually becoming high-rise and large-scale, and furthermore, the use of new buildings is emerging through the deepening of the underground. In this situation, a lot of fire damage has occurred in recent years, mainly in buildings and tunnel structures. In particular, damages caused by fires during large-scale construction projects such as freezing warehouse accidents are increasing. In this situation, in Korea, it is still trying to secure safety from human fire through the administrative system divided into the building law and the fire law, but it is being developed in a negative direction rather than a positive direction. The fire risk is getting bigger even when the road is not maintained. In this current situation, it is considered that the development of a Korean integrated life safety code centering on the consciousness base of Koreans will be necessary, and in particular, the ease of revision will also be needed by promoting the integrated safety code rather than current laws and regulations. This is a summary of the future tasks.

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A Comparative Study on the Fundamental Law of Science and Technology in South and North Korea (남북 과학기술 기본법제 비교)

  • Yun, Jong-Min
    • Journal of Korea Technology Innovation Society
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    • v.9 no.3
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    • pp.514-537
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    • 2006
  • Recently, according as the weight of science and technology in the national development has been more increased, each nation have consolidated policies and legal systems in the field of science and technology. South and north korea have also treated science and technology as an important matter, and have continuously conducted reorganization of administrative framework and related law and regulation since the latter of 1990's. This paper aims to present a useful reference materials in policy-making by investigating the current application state of the fundamental law of science and technology in south and north korea. For this purpose, after reviewing the structure and content not only of the provisions about science and technology in constitutional law but also the general law of science and technology in south and north korea, compare and analyze differences and similarities of them.

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Suggestion of Law for Supporting u-Healthcare's Activation (유비쿼터스 보건의료서비스 활성화지원 법률안의 제안)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.171-211
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    • 2009
  • Because Korea has the excellent informational technology, it was expected to be able to improve the accessibility to healthcare and compete with other nations in excellence through u-Healthcare. But we can't complete the excellent u-Healthcare because of the law to be able to use only the tele-counselling between doctor to doctor or doctor to nurse. First of all, we must complete the law to be able to use the improved u-Health containing of telemedicine between doctor to patient. Though other factors, the procurement of safe IT, the credibility to healthcare service provider containing of nutritionist and occupational therapist etc. are prepared for erecting u-Healthcare, we can get the final and decisive u-Health policy only by means of Law for supporting u-Healthcare's Activation. The important sections of Law for supporting u-Healthcare's Activation are as follows. Sec. 4 The Minister for Health, Welfare and Family Affairs and the dean of associated administrative division have to erect the combined plan for u-Healthcare's Activation. Sec. 11 Government and local autonomous entity can support the facility and equipment to be necessitated for using u-Healthcare to improve the medical accessibility of person in the region with poor medicine. Sec. 13 Doctor can support other doctor's medical action through IT and if there are not medical risk, doctor can give medical act directly to the special patients. Sec. 21 If pharmaceuticals is necessitated in u-Healthcare, remote doctor has to send the patient the electronic prescription and the pharmaceutist to receive the electronic prescription has to delivery the pharmaceuticals in accordance with patient's demand.

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Influence of Police Authorities and Units on Transport Safety in the European Union Countries

  • Chervinchuk, Andrii;Pylypenko, Yevheniia;Veselov, Mykola;Pylypiv, Ruslan;Merdova, Olga
    • International Journal of Computer Science & Network Security
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    • v.22 no.6
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    • pp.109-114
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    • 2022
  • The article is devoted to analyzing the police influence on road safety formation. The globalization processes confirm the study's relevance, provoking population mobility and the need to increase freight traffic. The study aims to identify the factors that affect road safety and the activities of the police and the EU transport safety units. An empirical analysis using factor analysis, correlation analysis, and general scientific methods of cognition were carried out to achieve the goal. The analysis results found that the number of police officers affects road safety, but not in all countries, which confirms the importance of other factors. Based on the analysis results of the scientific literature, the factors affecting transport safety are legislative regulation, the use of innovative technologies, transport infrastructure, geography, and psycho-physical and emotional drivers factors. It has been proved that the police authorities and units cannot fully ensure transport safety in the European Union because the safety is formed by a complex of actions by the state and road users.

Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

A Study on the Administration for the Han River Water Quality Control (漢江 水質保全 行政에 관한 硏究)

  • Kim, Kwang Hyop
    • Journal of Environmental Health Sciences
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    • v.10 no.2
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    • pp.9-40
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    • 1984
  • This thesis purports to overview the diverse administrative and organizational factors and plannings developed by the government organizations, municipal or otherwise, to tackle the Han River water pollution issues in the past years. This thesis also looks into the ever-worsening Han River water pollution problems, in particular, in terms of the various government plans ostensibly designed to reduce the pollution level but with little success. Also dealt with are the efficiencies with which the laws and decrees on water pollution the administrative organizations put to use in the prosecution of the diverse antiwater pollution projects involving the Han River basin. From the early 1960's up to the 1970's the government had concentrated on the growth-oriented economic policy with the result that little attention had been paid to the water pollution and other environmental issues that are bound to arise from the massive economic growth. Belatedly, the five-year Hah River Development Project was initiated in 1982 with emphasis on reducing the water pollution level at Hah River to the minimum. The following are the gists of the thesis and recommendations for the future antiwater pollution plans by the administrative organizations: 1. Documents to date indicate that the irrigation projects along the Han River area had been the main focus of attention during the Yi Dynasty and under the Japanese rule of the country. 2. Despite that the water pollution issue became the subject of many debates among the academic and research institutions in the 1960's and in the 1970's, the administrative organizations in charge of the Han River water quality control failed to come up with a concrete plan for the river's water quality control. 3. Nevertheless, the water pollution of the Han River area in fact began in the 1950's, with the unprecedented concentration into Seoul of population and the industrial facilities on a larger scale, in particular, enforced by the government's strong growthoriented policy in its Economic Development plans in the 1960's. 4. Starting in the 1960's, the Han River water pollution level dramatically increased, but the government was reluctant to promulgate or put into effect strong measures to curb the many factors contributing to the river water pollution, thus worsening the environmental issues along the Han River basin. 5. The environmental protection law and other laws and decrees relating to the antiwater and air pollution issues that were subsequently put into effect underwent so many changes that efficient anti-water pollution policies could not be effected for the Han River basin. The frequent organizational reshuffle within the administrative units concerned with environmental problems has resulted in the undue waste in personnel management and finance. 6. The administration on the environmental protection could not be efficiently carried out due to the organizational overlapping. Under the existing law, frequent organizational frictions and inefficiency are bound to occur among the central government offices themselves, as well as between the central government and the Seoul city administration, and among the city's administrative offices over the conservation of the Han River basin and over the river's anti-water pollution issue. 7. In the planning and prosecution of the Han River project, political influences from the president down to the lower-level politicious appear to have been involved. These political influences in the past had certainly had negative influence on the project, nevertheless, it appears that in the recent years, these political influences are not all that negative in view of the fact that they serve as a positive contributing factor in developing a better water quality control project along the Han River basin. The following are a few recommendations based on the data from the thesis: First, officials in charge of the Han River water quality control should pay attention to a careful screening of the opinions and recommendations from the academic circles and from the public should be made so that the government could better grasp the core issues in the environmental problems that require preventive and other necessary measures. Second, vigorous redistribution policies of population and industrial facilities away from the Seoul area should be pursued. Third, the government should refrain from revising or revamping too frequently the laws and decrees on the anti-water pollution, which is feared to cause undue inconveniences in the environmental administration. Fourth, a large-scale streamlining should be made to the existing administrative organization in an effort to do away with the inter- and intra-organizational friction. It is recommended that a secretariat for the Hah River basis conservation be established. Fifth, High-level administrative officials, with a thorough knowledge and vision on the Han River water quality control, should be prepared to better deal with the budgeting and personnel management for the Han River water pollution control not only at the control government, but also at the Seoul city municipal government levels. Environmental issues should be kept distinct from political issues. Environmental issues should not serve as a window-dressing for sheer political purposes. Sixth, the Hah River proiect should also include, along with the main Han River basin, those areas covering North Han River, South Han River, and the tributaries to the main river basin. The 'Han River Basin Water Quality Control Board' should be established immediately as a means of strengthening the current Han River basin water quality control policy. Seventh, in drawing up the Han River proiect, the administrative officials should be aware that Han River basin is a life line for those people in the region, providing them with not only a sheer physical space, but with a psychological living space for their everyday life.

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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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    • v.19 no.1
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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.

Research on the prevention of legal dispute over 119 rescue team (119구급대의 법적분쟁 예방에 관한 연구)

  • Lim, Jae-Man
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.1
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    • pp.19-33
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    • 2009
  • Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

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An Analysis of Information Literacy Education Based on the Operation of Korean Law Schools' Education Curriculum (우리나라 법학전문대학원 교육과정 실행에 나타난 법률 정보활용교육 실태 분석)

  • Kim, Sung-Eun;Jung, Jong-Kee
    • Journal of the Korean Society for Library and Information Science
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    • v.45 no.4
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    • pp.103-122
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    • 2011
  • The main subjects of law school curriculum are composed of subjects based on related laws for law schools. The purpose of this study is to analyze the operation of the legal information subject in law schools and law libraries and to propose efficient operation methods on law information services which would be useful to law schools and law libraries. The results of this study are as follows: 1) 22 law schools have legal information research subjects as an essential or fundamental part of their curricula. Also, 2) in 14 law schools(63.6%) law librarians take part in the instruction of law information research subject, while in three law schools(13.6%) librarians do not participate, and in another three law schools(13.6%) outside experts teach them. Finally, 3) the graduate degrees or final majors of librarians participating in instruction are: Library & Information Science(33.3%), Administration(25%), and Law(25%). These results reflect the need for efforts to change instruction systems to team teaching with professors and law librarians, to give law libraries plenty of administrative support, and to enforce the related associations' roles with law libraries.