• The Korean Journal of Archival Studies
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• no.58
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• pp.147-190
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• 2018

Currently, the appraisal system for public records is mainly based on the disposition authority named 'Records Management Criteria Table,' which has many limitations in digital environment. Especially, it does not apply to other systems than the 'Business Management System' and does not adequately reflect the complex environment of records creation. The purpose of this study is to suggest ways to improve the 'Records Management Criteria Table,' so that it can be applied to appraisal of records created in a complex work environment. For this purpose, this study investigates a case of 'Factory Establishment and Registration' activity performed by local governments. For this activity, related laws and regulations, business processes and systems for those processes are analyzed and types of records are examined by each business process and system. Based on these analyses, the development procedure and structure of a new 'Records Management Criteria Table' are suggested, so that it can be applicable as disposition authority in the complex environments of records creation.

• Safety and Health at Work
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• v.10 no.3
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• pp.305-313
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• 2019

Background: The oil and gas industry is one of the riskiest industries for confined space injuries. This study aimed to understand an overall picture of the causal factors of confined space accidents through analyzing accident reports and the use of a qualitative approach. Methods: Twenty-one fatal occupational accidents were analyzed according to the Human Factors Analysis and Classification System approach. Furthermore, thirty-three semistructured interviews were conducted with employees in different roles to capture their experiences regarding the contributory factors. The content analyses of the interview transcripts were conducted using MAXQDA software. Results: Based on accident reports, the largest proportions of causal factors (77%) were attributed to the organizational and supervisory levels, with the predominant influence of the organizational process. We identified 25 contributory factors in confined space accidents that were causal factors outside of the original Human Factors Analysis and Classification System framework. Therefore, modifications were made to deal with factors outside the organization and newly explored causal factors at the organizational level. External Influences as the fifth level considered contributory factors beyond the organization including Laws, Regulations and Standards, Government Policies, Political Influences, and Economic Status categories. Moreover, Contracting/Contract Management and Emergency Management were two extra categories identified at the organizational level. Conclusions: Preventing confined space accidents requires addressing issues from the organizational to operator level and external influences beyond the organization. The recommended modifications provide a basis for accident investigation and risk analysis, which may be applicable across a broad range of industries and accident types.

• Asia-Pacific Journal of Business
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• v.11 no.3
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• pp.273-290
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• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

• Journal of People, Plants, and Environment
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• v.22 no.6
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• pp.641-651
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• 2019

The purpose of this study is to derive institutional improvement methods for promoting the Damaged Area Restoration Project in greenbelts. The current status of greenbelts in Gyeonggi-do, where greenbelts are extensively distributed was analyzed, and the relevant laws and regulations were reviewed to suggest measures to promote the restoration project. The area of damaged areas within greenbelts in Gyeonggi-do was 6,121,024 m², accounting for about 0.52% of the total area of greenbelts, and more than 80% was found to be located in Namyangju (55.49%), Hanam (16.48%), and Siheung (8.68%). Various measures to improve the policy were examined as follows: reducing the minimum size of the restoration project area; adjusting baseline of recognizing range of damaged areas; introducing the right of claim for land sale; allowing long-term unexecuted urban parks to be replaced as alternative sites for parks and green spaces; simplifying administrative procedures; and allowing public participation. All of them are expected to promote the restoration project within greenbelts. In results, when the minimum size of area for the restoration project was reduced from 10,000 m² into 5,000 m², 3,000 m² and 2,000 m², the ratio of the number of combinable lots to the total number of lots increased from 4.4% to 18.8%, 38.8%, and 55.9% respectively in Namyangju. Morever, when the recognizable ranges of the restoration project were extended to the structures obtaining building permit as of March 30, 2016 and obtaining use approvals before December, 2017, the number of applicable lots increased by 5.1% and 9.2% respectively.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Journal of Korean Philosophical History
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• no.32
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• pp.309-336
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• 2011

There were various linking points that connect Li xue(Neo-Confucianism) to aesthetics in Song Dynasty as following. 1. The traditional moral as "pursuing pleasure of Kong-zi and Yan Hui" 2. Esteem of "life and vitality". Scholars of Li xue in Song regarded the pleasure of acting up to "benevolence" as a beauty, and this benevolence originated in the "heaven and earth; the universe". "Benevolence", that is to say, is name of the nature that continuous reproduction breed in an endless succession by "Yin-Yang the universe", thus the natural "life and vitality" of the "heaven and earth" as the matter of course is the perfect beauty. 3. An idea of "serene contemplation". Originally the "serene contemplation" belongs to discipline of "Li xue", however simultaneously this conception was entirely applicable to aesthetic point of view. 4. Cosmological consciousness. In the same manner, the "pleasure" which is moralistic and moreover aesthetic is indivisible from cosmic contemplation itself. Because of this point, the art and aesthetics of Song Dynasty self-consciously had the cosmological consciousness in its fullness. 5. Respect of beauty of nature. Scholars of "Li xue" considered as : no matter what "Li" or "Qi" that producing all things is "coming of itself", that is by no means artificially operated or prearranged in advance. Such standpoint was applied to creative art and made art of Song Dynasty esteem beauty of nature (coming of itself) exceedingly. 6. Laying stress on "disposition". Scholars of "Li xue" ordinarily valued much of "disposition of a sage", consequently this tendency influenced on aesthetics. "disposition" indicates the whole impression that one who has appearance and the inside(personality, temper, thought, etc.) gives to others. By putting that impression into practice of art and literature, it is to materialize the works of art as a unity of form and subject, also as an expression of human existence that breathed into one's sensibility on the whole. 7. Principles of "completing inquiry", "study the laws of nature by close access" of "Li xue". These principles made art and literature of Song Dynasty take a serious view of "Li" of all over the universe, so made them close investigate things, and after all have achieved very remarkable characteristic in art and literature, especially in paintings of Song Dynasty. Theory of painting in Song Dynasty had occupied considerably high position in Chinese aesthetic history. It was positively superior to former generations no matter what in quantity or in theoretical minuteness and its systematic level. Undoubtedly the Chinese theory of painting had been achieving development time after time since Song Dynasty. However if we could make a comparison it with every single period (ex. Yuan, Ming, and Qing Dynasties), there is no prominent period than Song Dynasty in theory of paintings. Song period had number of essays of Landscape painting.

• Journal of The Korean Association of Information Education
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• v.11 no.1
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• pp.21-28
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• 2007

Along with the development of telecommunication technology, educational role has been considerably changed and NEIS is introduced and operated for the digital educational administration. However, the function of NEIS is so limited when operated in each school. As a result, Korean government prepares the plan to install and operate a new School Affairs System by separating 3 areas from 27 areas of NEIS. School Affairs System has been used in schools since March, 2006. In this regard, this study attempts to analyze the current status and tasks of using the system in elementary schools. The result of the study shows that about 67% teachers use the system once or twice a day. Most of teachers answer that they get help from other teachers if they have any problem in operating the system. Many teachers affirmatively answer to the design and function of the system, and they are satisfied with the convenience and efficiency of the system. However, they feel difficulty to be familiar with the system sue to the frequent change. The importance of electronic certificate and personal information is well recognized and managed in terms of the security of the system. Facilities need to be well equipped, and information exchange system need to be developed to accept each school's request to improve the function of the system. In addition, applicable laws need to be arranged, clear guideline of educational administration agency and principal's strong intention are required to relieve teachers' work load.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.21-54
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• 2011

International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

• Progress in Medical Physics
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• v.20 no.4
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• pp.253-259
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• 2009

We have developed standards based on international criterions for the quality control of dose tested by the measurement institutions of individual exposure doses through improving the reliability of data on the exposure dose of individuals working in radioactive environment and securing the accuracy and reliability of individual dose measurements. Laws related to radiation dose applied to domestic institutions refer to ANSI N13.11.1993, but currently, in U.S. and some other countries the measurement of radiation doses is based on ANSI N13.11.2001 that reduced test categories and tightened the standards. We made efforts to simplify the standards and to reduce the number of dosimeters required in experiment, and avoided preventing or hindering the use of future technologies not approved under the current law such as glass dosimeter and optical stimulation dosimeter. The Quality Management Manual of Radiation Dosimetry Service, Assessment Manual of Radiation Dosimetry Service Accreditation Program, and the Personnel Dosimetry Performance. Criteria for Testing are documents applicable in supervising laboratories.

• Journal of the Korean Society for Library and Information Science
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• v.47 no.3
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• pp.251-274
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• 2013

This study aims to analyze data management policies offered by 15 government funding agencies in the U.S., UK, Canada, and Australia, and to make recommendations for developing data management policies in Korea. For the analysis of data management policies, five criteria were suggested based on literature review as follows: 1) the definition of research data, 2) principles of data management, 3) data management plan, 4) the implementation of data management, 5) legal and ethical issues. It was found that there was no policy that covers all the criteria for the analysis. Several funding agencies, however, commonly dealt with each criteria in their data management policies. Based on the findings from the analysis, this study made the following suggestions: First, data policies provide definitions and types of research data based on the understanding of data creation in the fields of funding interests. Second, data policies include principles of data management applicable to data practices in Korea. Third, data policies implement data management plans to promote responsibility of researchers for managing data. Fourth, data policies specify data management implementations to facilitate and support data sharing practices. Fifth, data policies should minimize legal and ethical challenges in data sharing through the review of the applicability of related laws and regulations and their improvement.