• Title/Summary/Keyword: Case Law

Search Result 1,958, Processing Time 0.029 seconds

A Study on the Analysis and Efficiency of Police Budget (경찰의 예산분석 및 효율화 방안에 관한 연구)

  • Park, Jong-Seung;Kim, Chang-Yun
    • Korean Security Journal
    • /
    • no.38
    • /
    • pp.7-32
    • /
    • 2014
  • This study is aimed to analyze problems of police budgetary execution and to suggest better ways for establishing effective budget implementation as well as legitimacy of securing budget in the field of police work. For this purpose, this paper analyzed the annual reports on police budgetary execution, from 2009 to 2012, conducted by National Assembly Budget Office. In result, most parts of the police budgetary execution were not satisfied with the audit standard, and especially in terms of management of budgetary execution, it showed 40% in inappropriateness. In addition, excessive and underestimate appropriation in the police budgetary execution, which happened frequently in other offices, was recorded on the second place. 10% of the amount of budget was executed for ordinance violence. Given results analyzed from each division, Transportation Division occupied 40% of the amount of related problems and all of types in the field did not meet the audit standard, thus it is required to manage budgetary execution effectively. In terms of Public Safety Division, the problem was related to budgetary allocation prior to execution, such as overlap in other works, excessive and underestimate appropriation, and inappropriate business plans. Director General for Planning and Coordination did not meet the standard of law system maintenance, Given the light of the result of analyzing programs, traffic safety and securing communication was the most problematic and support for police administration, crime prevention and protecting the disadvantaged, educating professional police officers, and establishment of policing infrastructure were required to be reformed in sequence. In order to resolve these problems, it is demanded to check budgetary execution and the process in business plans on a regular basis. Additionally, in case of using budget in inappropriate parts, tough penality including reduction of budget in related to the local police should be implemented to increase the importance of budgetary execution. Moreover, because of the fact that a part of problem of budgetary execution was originally caused by the budgetary allocation, it is advised to allocate police budget using the budget proposal of National Finance Act and Ministry of Strategy and Finance.

  • PDF

Standards of Protection in Investment Arbitration for Upcoming Climate Change Cases (기후변화 관련 사건에 적용되는 국제투자중재의 투자자 보호 기준)

  • Kim, Dae-Jung
    • Journal of Arbitration Studies
    • /
    • v.24 no.2
    • /
    • pp.33-52
    • /
    • 2014
  • Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

  • PDF

Comparative Study on the Estimation of CO2 absorption Equilibrium in Methanol using PC-SAFT equation of state and Two-model approach. (메탄올의 이산화탄소 흡수평형 추산에 대한 PC-SAFT모델식과 Two-model approach 모델식의 비교연구)

  • Noh, Jaehyun;Park, Hoey Kyung;Kim, Dongsun;Cho, Jungho
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.18 no.10
    • /
    • pp.136-152
    • /
    • 2017
  • The thermodynamic models, PC-SAFT (Perturbed-Chain Statistical Associated Fluid Theory) state equation and the Two-model approach liquid activity coefficient model NRTL (Non Random Two Liquid) + Henry + Peng-Robinson, for modeling the Rectisol process using methanol aqueous solution as the $CO_2$ removal solvent were compared. In addition, to determine the new binary interaction parameters of the PC-SAFT state equations and the Henry's constant of the two-model approach, absorption equilibrium experiments between carbon dioxide and methanol at 273.25K and 262.35K were carried out and regression analysis was performed. The accuracy of the newly determined parameters was verified through the regression results of the experimental data. These model equations and validated parameters were used to model the carbon dioxide removal process. In the case of using the two-model approach, the methanol solvent flow rate required to remove 99.00% of $CO_2$ was estimated to be approximately 43.72% higher, the cooling water consumption in the distillation tower was 39.22% higher, and the steam consumption was 43.09% higher than that using PC-SAFT EOS. In conclusion, the Rectisol process operating under high pressure was designed to be larger than that using the PC-SAFT state equation when modeled using the liquid activity coefficient model equation with Henry's relation. For this reason, if the quantity of low-solubility gas components dissolved in a liquid at a constant temperature is proportional to the partial pressure of the gas phase, the carbon dioxide with high solubility in methanol does not predict the absorption characteristics between methanol and carbon dioxide.

Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.17 no.8
    • /
    • pp.280-291
    • /
    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

Analysis of the Spatial Dose Rates during Dental Panoramic Radiography (치과 파노라마 촬영에서 공간선량률 분석)

  • Ko, Jong-Kyung;Park, Myeong-Hwan;Kim, Yongmin
    • Journal of radiological science and technology
    • /
    • v.39 no.4
    • /
    • pp.509-516
    • /
    • 2016
  • A dental panoramic radiography which usually uses low level X-rays is subject to the Nuclear Safety Act when it is installed for the purpose of education. This paper measures radiation dose and spatial dose rate by usage and thereby aims to verify the effectiveness of radiation safety equipment and provide basic information for radiation safety of radiation workers and students. After glass dosimeter (GD-352M) is attached to direct exposure area, the teeth, and indirect exposure area, the eye lens and the thyroid, on the dental radiography head phantom, these exposure areas are measured. Then, after dividing the horizontal into a $45^{\circ}$, it is separated into seven directions which all includes 30, 60, 90, 120 cm distance. The paper shows that the spatial dose rate is the highest at 30 cm and declines as the distance increases. At 30 cm, the spatial dose rate around the starting area of rotation is $3,840{\mu}Sv/h$, which is four times higher than the lowest level $778{\mu}Sv/h$. Furthermore, the spatial dose rate was $408{\mu}Sv/h$ on average at the distance of 60 cm where radiation workers can be located. From a conservative point of view, It is possible to avoid needless exposure to radiation for the purpose of education. However, in case that an unintended exposure to radiation happens within a radiation controlled area, it is still necessary to educate radiation safety. But according to the current Medical Service Act, in medical institutions, even if they are not installed, the equipment such as interlock are obliged by the Nuclear Safety Law, considering that the spatial dose rate of the educational dental panoramic radiography room is low. It seems to be excessive regulation.

Birth and Infant Death Reporting System via Computer Network (출생 및 영아사망 신고체계 및 전산정보체계 개발)

  • Park, Jung-Han;Lee, Young-Sook;Rhee, Jung-Ae;Cho, Hyun;Chung, Young-Hae;Park, Soon-Woo;Jun, Hae-Ri
    • Health Policy and Management
    • /
    • v.8 no.2
    • /
    • pp.125-148
    • /
    • 1998
  • Accurate vital statistics are essential for a national health planning and evaluation. Among various vital statistics, birth and death rates, and infant and matemal mortality rates together with the causes of death are the very basic ones for above purposes as well as for the maternal and child health management. These statistics are based on the birth and death reports. It is required by law to report every birth and death within one month after its occurrence. However, in case of a neonatal death occurring prior to the birth report, most of the birth and death are not reported. Thus accurate infant and maternal mortality rates are not available yet in Korea. The main objective of this study is to develop a birth and infant death reporting system via computer network. We designed a new birth report form based on the current form and data from the analysis of medical record forms of 14 hospitals. A new form is basically addition of essential medical information to the current birth report form. Since a revision of the rules and regulations related wtih the birth report is necessary to use a new form, we kept the current from intact to make it acceptable to the government office for a field trial. We also developed computer programs for data input for birth and death reports at a medical faciltiy, data processing for production of maternal and child health indices at a health center, and management of maternal and child health services including immunization and postantal care at health center. The birth certificate and birth report can be printed out at a medical facility. The computer packages were programmed by Borland Delphi 3.0 and can be run under Windows 95 system. We proposed a new birth and death reporting system via computer network after a field trial for data input, transmission, and processing. The medical and demographic data o birth and death at medical facilities will be sent to health centers directly via computer network. The health center will retain the medical data for analysis and forward only the data for birth and death reports required by current regulations to the Dong, Up, or Myun Office. Once the birth or death is reported via computer network to the Dong Office, then the Dong Office will notify the baby's mother of the birth report and request to submit the baby's name by mail. When the baby's name its submitted. the Dong Office will forward the birth reports to the Common Court and Statistics Agency in the same way as the current system, Upon the completion of birth registration of the Common Court, the court will issue the birth certificate to mother which will be used in lieu of the family record. The advantages of proposed birth and death reporting system via computer network ar as follows ; I) The accuracy, timing, and completeness of reporting will be improved and more accurate maternal and child health indices can be obtained, ii) The maternal and child health services of health center will be obtained, iii) Epidemiologic data for pregnancy and birth can be obtained, iv) Manpower for birth and death reporting will be saved.

  • PDF

The Study on the Plan to Introduce Traffic Inducement Security System in Korea (우리나라 교통유도경비 도입방안의 연구)

  • Kim, Tae-Hwan
    • Korean Security Journal
    • /
    • no.23
    • /
    • pp.21-39
    • /
    • 2010
  • The dangerous impact on the traffic flows of cars is caused by no only the construction on the street but diverse construction sites. This in turn substantially influence on the citizens and pedestrians, thereby bring about the possibility of giant incidents. As the countermeasure for the problem in advanced countries, particularly in Japan "traffic inducement security system" has been implemented. It is analyzed that the death toll from traffic accidents has considerably declined. In the case of South Korea the system has not been administered but restrictively executed at some construction sites; however proceeding it with the lack of professionalism. The introduction of traffic inducement security system would be the opportunity for South Korea to make a progress in the safety culture such as traffic security and traffic jam. This study thus aims at analyzing the advanced countries' cases, conducting comparative analysis with Korea's scheme, and establishing the plan to adopt the traffic inducement security system. Through the output of this study followings were proposed as plans of introducing the traffic inducement security system. First of all, legal assessments regarding traffic inducement operation, for example adding the operation of the system into the category of security service, need to be preceded prior to its introduction secondly, the traffic inducement security is the institution which can contribute to the improvement of traffic safety, and also internalizing social cost. therefore, it needs to be equipped with the new qualification such as the instruction with the standardized traffic safety map, instruction system, curriculum and the publication of teaching materials. thirdly, the education for the guard should be proceeded with dividing academic and technical ones with specific curriculum. At the fourth, the securement of the venue for the driving training, the determination on technical instruction contents and the training professional instructor needs for the method of administration. In addition, the efforts on the overal standardization of traffic inducement security is necessary, and it also requires constant collaboration among private security industry, academia, professionals, relavant research institutes, etc. At the last but the least, henceforth it is prerequisite that the networking system with a diverse array of associated entities due to its social ripple effect and job creation effect.

  • PDF

A Study on Leaching Characteristics of $Cr^{6+}$ in Cement Grout Materials (시멘트 그라우트재에서 $Cr^{6+}$용출특성에 관한 연구)

  • 김동우;이재영;천병식
    • Journal of Soil and Groundwater Environment
    • /
    • v.8 no.2
    • /
    • pp.62-69
    • /
    • 2003
  • The aim of research is the evaluation of the $Cr^{6+}$ emission features of the liquid injection through emission experiments in varying conditions, based on a field-mixing ratio. The results showed that the content of $Cr^{6+}$ content in cement measured had an Ordinary Potland Cement (OPC) of 25.3 mg/kg, which constitute the largest portion among the other materials. Likewise, the emission experiment of homo-gel and sand-gel generally satisfied the standard of KSLT (Korea Standard Leaching Test) in waste of 1.5 mg/L, but in case of the standard of KSLT in soil the emission of OPC $Cr^{6+}$ of 4.85 mg/kg. These conditions is a little exceeded the criteria in the ‘Ga’ area in terms of Korea Soil Environmental Preservation Law. In addition, results generated by the mock-up injection facilities revealed that $Cr^{6+}$ emission increased as Water/Cement and injection pressure increased. At injection pressure higher than 4 kg/㎤, $Cr^{6+}$ emission exceeded the water preservation standard of 0.5 mg/L. Similarly, a pattern experiment of C $r^{6+}$ emission according to pH was conducted, in order to evaluate the $Cr^{6+}$ emission features of grout materials in leachate below pH 5 such as pH 4 acid rain or landfill. Results show that $Cr^{6+}$ emission dramatically increased in high acidic or basic state. It indicates that $Cr^{6+}$ emission will probably increase in an environment where grout materials are injected. On the other hand, concentration of leachate was determined in areas where grout materials are used. The results show that the concentration of emission in an ultra purity condition does not manifest intensity, and is affected in the OPC>MC>SC order. It means that the pollutants or $Cr^{6+}$ emission increases with decreasing concentration. As such, $Cr^{6+}$ emission will probably exceed the countermeasure criteria according to the types of gout materials. Similarly, high pressure or injection will cause increased $Cr^{6+}$ emission. Therefore, the selection of materials or mixing ratio should be considered in general as well as according to specific industries, based on the strength and pH of $Cr^{6+}$ emission.

The Needs of Students and Practitioners on the Education Curriculum of Innovative Product Development (혁신제품개발 교육과정에 대한 학생과 산업체 실무자의 요구사항 분석)

  • Lee, Won-Sup;Jung, Ki-Hyo;Chang, Joon-Ho;Chang, Jun-Ho;You, Hee-Cheon;Chang, Soo-Y.;Jun, Chih-Yuck;Jung, Moo-Young;Han, Sung-H.
    • Journal of Engineering Education Research
    • /
    • v.11 no.4
    • /
    • pp.11-18
    • /
    • 2008
  • Companies have been making considerable efforts to develop innovative products for better competitiveness in the market, however, the education curriculum for innovative product development (IPD) in domestic universities needs has not been well developed. The present study was intended to identify the needs of students and practitioners regarding teaching subjects, pedagogical methods, and industry-academia collaboration that can be reflected in the development of IPD education curriculum. Through a literature survey 46 IPD teaching subjects of 7 categories (planning, feasibility analysis, concept development, product design, manufacturing process design, production, and ethics & law) were selected. Opinions on the preferences and importances of the teaching subjects, pedagogical methods, and industry-academia collaboration were collected from 53 college students who took courses of product development and 36 practitioners working in product development. While the students preferred the balanced teaching of all the subject categories, the practitioners suggested planning and concept development be taught with high importance; 6 subjects (product development strategy, customer needs identification, market research, concept generation method, design ideation method, and ergonomic design) received high ratings of preference and importance. The students preferred the mix of various pedagogical methods (lecture, discussion, presentation, practice, and case study) and provided needs on each pedagogical method. Lastly, the students wanted an opportunity of learning through industry-academia collaboration and the practitioners provided ideas for mutual benefits between industry and academia. The needs of students and practitioners identified in the study can be effectively applied to develop a better IPD education curriculum.

Special Educators and Music Therapists' Recognition of Music Therapy in Special Education Class in Elementary School (초등학교 특수학급 음악치료에 대한 특수교사와 음악치료사의 인식 조사)

  • Kim, Jeong Ran
    • Journal of Music and Human Behavior
    • /
    • v.3 no.1
    • /
    • pp.1-11
    • /
    • 2006
  • It has been passed more than 50 years of the history of music therapy on school aged children since there had been enforced the 'Education for All Handicapped Children Ace' in United states 1975, which had made an important role of music therapist augmented. In the case of South Korea, through reforming the law on March 2005 that therapist educator has to be allocated on the special class in general school, at least, patrol teacher is charged on that, which made possible to start music therapy as initial stage was realized in realistic way on the spot of school. This research has primary concerns as following. The one thing is intended that figuring the opinions of special educators and music therapists involved with the music therapy in elementary school. And the other thing is intended that making a investigation of actual condition on the spot of existing school, moreover, pinpointing at issue and suggesting the change for the better than now. In order to undertake theses intentions, I examined preceding researches and existing data, distributed the questionnaire involved the music therapy of elementary school to the people who are composed of special educators-65 persons and music therapists-30 persons from 18th October to second of November, and analyzed collected by descriptive statistics. According to the analyzed results, it says that special educator and music therapist know well about the necessity of music therapy in elementary school and its effectiveness is manifested in positive way. Moreover, in order to systemize and promote a program of music therapy, what is most urgent thing is the completion of instrument and music therapy room and there are needed strong supports at the level of nation and institution. It has become pervasive on the demand of therapy education by parents in all of the places involved with disabled children such as special school, special class, local welfare community, and early education. This research shows that how therapy and education was connected as music therapy on the spot of the elementary school, and the necessity of the education of music therapy.

  • PDF