• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.173-207
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• 2018

Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

• Journal of Legislation Research
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• no.44
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• pp.103-153
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• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• 한국사회정책
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• v.25 no.2
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• pp.57-91
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• 2018

Despite the rapid growth of social care, understanding of care is segmental and caring is still marginalizing. The socialization of caring is actually a 'half-socialization' that is the result of injustice surrounding caring. Therefore, it is necessary to approach the problem of caring in terms of justice. In this paper, I discuss the limitations of social justice based on John Rawls 's social contract theory in the discussion of caring justice through feminists'writings on caring ethics. And then applying Nancy Fraser' s three scales of Justice-redistribution, recognition, and representation, the concept of caring justice has been newly constructed. The concept of caring is defined as a unified concept of caring including the aspect of the social rights of the care recipient as well as the labor rights of the care provider. Based on the analysis of care justice, we derive the ideal types of care policy and then evaluate the long-term care policy for the elderly, which is the central axis of Korean care policy. The results of this study are as follows: First, it is necessary to strengthen the labor rights of care providers especially for the socialization of care responsibilities and the proper allocation of social resources. Second, a service delivery system and care culture are needed to ensure the relational autonomy of care-receivers and care-givers for caring ethics and individualization of care. Third, the issue of care should be treated as the central agenda of politics in order to distribute care responsibility democratically and to distribute legitimate resources. This requires a paradigm shift from marginalization of care to mainstreaming of care. Ultimately, we should aim for a Caring Society.

• 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.

• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.247-291
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• 2018

This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.

• Journal of the Korea Institute of Building Construction
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• v.19 no.4
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• pp.361-371
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• 2019

In 2017, the ratio of the number of victims and deaths in the construction industry was the highest with 25.2% and 29.6%, respectively. Especially, as safety accidents at construction sites continue to increase, the economic loss is greatly increased too. Therefore, in order to prevent safety accidents in the construction work, the safety risk assessment index by type of construction was developed, and the main results of this study are as follows. First, 17 factors related to safety accidents at construction sites were derived through survey and interview survey, and this study suggested 9 items(process, type of construction, progress rate, contract amount, number of floors, safety education, working days and weather) throughout the expert advisory meeting. Second, the risk assessment index for safety accidents was developed based on the ratio and intensity of safety accidents. Third, to verify the risk assessment model, the construction safety risk assessment index by type of construction was derived by surveying and analyzing the statistics of the construction accident. In addition, the risk strength was calculated by dividing human damage caused by construction safety accidents into those killed and injured. The risk assessment index based on the frequency and intensity of safety accidents by type of construction is expected to be utilized as basic data when assessing the risk of similar projects in the future.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.2
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• pp.147-172
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• 2019

With the provision of the original text information disclosure service, the time spent on determining the disclosure of the original text information decreased, and the number of original text information disclosure significantly increased. In public institutions, the risk of the exposure of personal information also increased. In this study, the status of personal information protection in the original text information disclosure service was investigated. Moreover, the causes of the exposure of personal information were analyzed, and improvements were proposed. The survey presented the following results. First, 13% of the original text information collected contains personal information, which is the nondisclosure information. Second, among the original text information that includes personal information, the original text information, including the personal information of the public official, was the most important. In particular, many records about vacation and medical leaves were found. Third, there were many cases in which information about the individual of the representative was exposed in the agency that deals mainly with the contract work. Fourth, a large volume of personal information was not detected by filtering personal information. Upon analyzing the cause of the exposure of personal information, the following improvements are suggested. First, privacy guidelines should be redesigned. Second, the person in charge of the task of deciding whether or not to disclose original text information should be trained further. Third, the excessive disclosure of information based on the government's quantitative performance should be eased. Fourth, the filtering function of the personal information of the original text information disclosure system should be improved.

• Journal of the Korean Institute of Rural Architecture
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• v.24 no.3
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• pp.59-66
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• 2022

This study aims to find out how architectural designers applied the design process and what content is applied in the practical process of architectural design in Korea, and to improve it if there is a problem. So the study is carried out by investigating 13 architects(Including one person who wants to keep his work private) with extensive experience in architectural design. The architects were questioned on how and what content the design process was used for their representative works that had been designed. And interviews and field surveys were conducted on other matters to be improved. The survey was conducted from November 2021 to July 2022. According to the conclusion of this study, First, Most architects were applying the design process in the architectural design practice. These are caused by an impact on education, but there was also an aspect of preparation in terms of guidelines such as the Architects Association and storage rights. Second, Although the design process differed in each name and phase, it was generally carried out in the order of the start phase, the planning work phase, the basic design phase, the intermediate design phase, the implementation quarterly, and construction. Third, The step-by-step work of the design process differed slightly depending on the architect, but counseling and contract work were mainly performed at the start-up phase, and field surveys, legal investigations, and case studys were conducted at the planning phase. In the basic design phase, some contents related to architectural programming, basic drawings, images, and models were used as main work contents. In the intermediate design phase, secondary contents such as licensed books and facility facilities were the main tasks. In the implementation design phase, detailed maps and various frost facilities were finally inspected. Since then, construction and supervision have been carried out in the order of progress. Forth, As for the contents to be improved in the future, the architect's ability, the designer's knowledge of the overall architecture, the design supervision system, and the expansion of time for the initial design process were answered.

• Journal of Korean Society of Archives and Records Management
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• v.23 no.4
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• pp.137-157
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• 2023

The scale of research and development (R&D) investment is increasing to strengthen national competitiveness through technological innovation, leading to an increased interest in investment efficiency. In records management, the National Archives of Korea has been leading the national research and development project since 2008. Accordingly, this study analyzed R&D projects in records management regarding implementing organization, performance or outcomes, and subjects, targeting 111 National Archives of Korea contract research projects from 2008 to 2022. The analysis showed that small and medium-sized enterprises (SMEs) were the most likely to conduct research, the majority of the research outcomes were academic publications, and there were some discrepancies between the reported performance in research and the actual performance. In terms of research subjects, the most common type of records are paper or print documents, establishing an electronic management system among the National Archives' works. In terms of the frequency of keywords in the records management process and research projects, it was found that research was mainly conducted on "preservation." Meanwhile, only 10 cases, or 9% of the 111 projects, were found to be relevant in terms of utilizing big data and developing intelligent technologies related to digital transformation. Therefore, the effectiveness of the R&D project must be improved through follow-up management of the results even after the research project is completed. In addition, in terms of research topics, it was identified that aside from "preservation," studies focusing on "transfer," "classification," "evaluation," and "collection," as well as research that responds to digital transformation, are needed.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.