• KSCE Journal of Civil and Environmental Engineering Research
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• v.35 no.6
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• pp.1357-1366
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• 2015

This study (II) aims to draw up the future-oriented construction policy recommendations based on the outcomes as a result of a broad research and conducting questionnaire surveys on the arguable issues raised by construction engineers for roads and bridges in the course of previous study (I) implementation. As for the question of "The term 'Construction Management (CM)' which currently is defined in two (2) ways", 45% of respondents have answered that two (2) different types of CM should be unified into one (1) CM type as is the case in most advanced countries. About the question of "The ways to educate the CM professionals", many respondents have preferred to acquire CM professional certificate after receiving education for a certain period of time from private CM training institutions. As for the question of The revised draft that the ICEC grade of special engineers for design, construction and quality control areas shall be "more than 78 points from a more than 75 points by the original draft." 52% of respondents preferred to maintain the original draft. About the question of "The reason why the CM system has not been working well yet." 62% of respondents have answered that the staff members who are in charge of handling public project procurements are concerned about the fact that their roles (or activities) might be deprived as a result of CM adoption. In order for the CM system to be activated, based on the notion that the construction projects must be out soured, the reshuffle of the headquarter organization of Ministry of Land, Infrastructure and Transportation (MLIT) should be preceded.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.4
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• pp.1327-1334
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• 2014

Linear form of public works such as roads, railways and rivers, generally used as long work crossing administrative districts, can be several hundreds km length and narrow. These linear forms use SCM sheets, which do not include the quadrangle shape, to make a public announcement of topographical drawing in order to get the work approval. the Integrated measurement channel investigation and cadastral act that are established in 2009 apply the ITRF for the composition of design and construction books and coordinates of topographical map in order to get the work approval. However according to the article 5 of additional clause, while the cadastre is maintaining local coordinates, if there is a technical error in the content of the Public Announcement of Topographical Drawing that used the SCM, the question of responsibility of land borders and the efficacy or not of the announcement is raised as an administrative measure. After analysing the causes and enforcing coordinate conversion and correction taking into account linear form work's features, the result was reflected in the existing SCM. As a conclusion, the present study proposes the improvement of the procedures of the Public Announcement of Topographical Drawing.

• Journal of Environmental Policy
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• v.14 no.1
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• pp.53-83
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• 2015

Recently, climate change risk assessment has been discussed as a medium process for making climate change adaptation policies in the research field of climate change adaptation. Climate change risk assessment has been understood to have an intermediary role among impact assessment, vulnerable assessment and policy, and is used in the process of devising adaptation policies in the United Kingdom (UK). This paper quantitatively assessed the risks of climate change in Korea, applied the methods used in the UK, underwent the classification process and suggested implications of Korean adaptation policies. A survey of experts, based on Delphi's method and the classification criterion developed by Klinke and Renn(2002), was also carried out. A list of climate risks was created from the climate change impact and vulnerability assessment report of Korea, first national adaptation policy of Korea, and general climate risks of the UK. From the results, 42 risks out of total 125 risks were selected based on their importance. The assessed risks with factors, such as high impact and urgency, are related to repeated and large scale damage from storms and floods caused by abnormal or extreme weather events. Ecological changes and social infrastructure risks were engaged as required as a policy response for medium to longer term. As for making the classification, types of climate risks were suggested to manage the basic capacity in relation to social trust, triggering mechanism and responsibility. Following suggestions are put forward as the base of autonomous adaptation: increasing the capacity of civil society, mutual trust and civil participation in adaptation policy process.

• Journal of the Korean Association of Geographic Information Studies
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• v.20 no.1
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• pp.127-136
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• 2017

U-City laws are divided into three categories: intellectual laws, information superhighway laws, and integrated operation center laws. Previous studies have suggested that efficient infrastructure operation and management is necessary in Ubiquitous-City (U-City). However, infrastructure is often interpreted differently by different laws. The purpose of this study was to plan for the integrated operation of intelligent service facilities by comprehensively analyzing the law system of domestic intelligent service facilities and problems in operation and management based on this critical mind. For this, present conditions and problems of intelligent service facilities were found through interviews with people who are in charge of the law system and other practitioners. The necessity of integrated use, including city information generated from intelligent service facilities and installment locations, has been demonstrated. Government ministries and local governments have established various information systems using ICT and U-City laws that specify integrated management and operation, but do not clearly specify definitions for the specific responsibility and authority for main agents participating in facility operation. A system is needed to smoothly mediate the relevant divisions so that they can use installed equipment simultaneously for efficient operation in generating city information. This objective of this study was to prepare a unitary law system for efficient installment and management of intelligent service facilities by establishing a logically linked relationship among the relevant laws and regulations. This will provide a foundation for a management system that has an integrated linkage of intelligent service facilities.

• Ocean policy research
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• v.33 no.2
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• The Korean Journal of Archival Studies
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• no.60
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• pp.49-88
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• 2019

Today, the civil society plays a key role not only in criticizing and monitoring the functions of the state and the market, but also as an active producer of public services by complementing the government and the public sector. Public records management is also becoming more and more popular. In the case of appraisal and selection, which is the core area of record management, discussions about citizen participation are becoming more serious than any other areas. The concept of 'proactive appraisal', which has emerged as a paradigm of citizens' participation in appraisal, reminds us that citizens themselves are the subjects of public records and are no longer alienated from the appraisal system. The problem is, while the growth of the Korean civil society about institutional participation is spreading rapidly, but citizen participation is hard to find in the field of public records. The purpose of this paper is to examine the role of citizen participation in the process of appraisal of public records, and to debunk the role of citizen participation in the appraisal processes by exploring the examples in the UK, Canada, and Australia. This paper emphasizes that the appraisal system of the national public records in crisis today could be largely restored through the domestic application of this active citizen participation cases. First of all, this study presents a conceptual appraisal model that could reflect citizen participation in the field of record management along with the analyses of the advanced cases in some western countries. Specifically, this paper focuses on presenting the models of 'appraisal documentation' and 'governance-based appraisal', reflecting the active citizen participation. This study suggests that these citizens' participatory evaluation models should be settled in Korea in the future and we should urgently discuss 'citizen participation appraisal'.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Fire Science and Engineering
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• v.15 no.3
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• pp.21-35
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• 2001

By rearing private experts to design hazardous facilities, Safety property is obstained. So it is necessary to limit within the designer of hazardous materials facilities who has some degree skill. After permission progress about the inspection of the design ascertain whether it is safety property Mayor/Do governor permits within the laws and their qualification. Accordingly, Korea Fire Equipment Inspection Corporation be come specialization about the design, inspection of construction completion. A inquire purpose of Fire Service Act be considered fitness. Subject by which the Korea Fire Equipment Inspection Corporation is entrusted, subject by which the a non-probit corporation in The Civil Law be possible to entrusted in separate. In this case, because of the level of one's technique and facilities are important, to limit as a nonprobit corporation in The Civil Law give rise to trouble. Consequently; established a business corporation, which the level of one's technique and facilities, in accordance with The Commercial Law can assign inspection of construction completion. The contents of the Fire Services Act is caused by the historic growth of hazardous facilities's safety management. Because we decide on a course about completed inspection of hazardous substance, it is needed that adjust the task performed by a corporation of the exert skill and the duty performed by the task that a authorized corporation on the civil law or the commercial law To adjust the duty, the Fire Service Act, that is suitable to the purpose and principle, should constitute a measure of the duty. With the object of insure the safety of the hazardous substance, when the fire survice act establish a corporation of the expert skill. There is the will of lawmakers that need organization to have the power of the professional technology. The state excise the will that insure the safety of hazardous materials facilities on the basis of the professional technology and facilities, and construct to establish a corporation of the expert skill. Therefore as concentrate on the technology to need to insure the safety of the facilities of hazardous substance to be suitable on the purpose of laws and take responsibility and reports to a corporation of the expert skill. The task to be given to the state will be done.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.