• The Korean Journal of Archival Studies
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• no.46
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• pp.153-187
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• 2015

This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.1
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• pp.39-48
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• 2019

Based on the bidding data of the national marketplace for public procurement service from 2003 to 2015, this study investigated and analyzed the bidding trends of the landscape management public consignment service by analyzing total bidding, type, client, region, license. The results are as follows. First, the total number of bids for civilian consignment services in landscape management increased by 1,112 cases, corresponding to a 487.7% increase over 10 years, and the total bidding amount increased by 144,504 million won, corresponding to a 382.5% increase. Second, in 10 years, the proportion of landscape management in landscaping works increased by 10%, and the bidding amount increased by 3%. Third, in the analysis of bidding trends by type, green areas showed the greatest growth in the number of bids, while the greenery of buildings showed the highest increase in the bid amount. Fourth, local autonomous entities, Gyeonggi province, and the landscaping planting construction industry showed the highest increase in the number of bids and the amount in each field such as client, region, and license. In summary, the number of cases and the bidding amount is increasing year by year. Considering the increasing number of users and demands thereof, the number of bids and the amount of consignment service for landscape management will continue to increase. The purpose of this study is to investigate and systematically analyze the tendency of bidding for 10 years for the private consignment service of landscape management in the current situation, where the importance of landscape management is increasingly emphasized. Another purpose of this study is to discern the necessity of the landscape management business and to provide the basis for incorporating the landscape management business into the professional construction industry in the future, thus providing opportunities for widening the expertise and diversity of the landscaping field. For the following study, the legal basis of landscape management, qualification, equipment standards, calculation of management cost per unit, and the appropriateness of the management cost should be considered.

• Journal of the Society of Disaster Information
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• v.17 no.3
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• pp.442-453
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• 2021

Purpose: The objective of this study is to suggest desirable direction of Korean accident investigation organization by analyzing the operation status and way of overseas developed countries' investigation agency. Method: To accomplish the objective of this study, we were examined four main characteristics of accident investigation agencies of the U.S., Japan, and Sweden, focusing on (1); the background of the establishment, (2);organizational structure, (3);major tasks and functions, (4); accident investigation procedures. Result: First, the purpose of its establishment and task is to prevent recurrence of disasters and accidents, at the same time, administrating and researching duties such as legal system, policy, recommending improvement and conducting scientific disaster-cause analysis to contribute safety for the government. Second, it is operated as an independent organization under the president, not belonging to the ministry, in order to enable fair investigation in an impartial position. Third, it has the authority to be recognized for its expertise in the results of investigation. In other words, it is operated as a permanent organization with professional personnel, and secures authority through the accident research with indepth investigation and high-quality recommendations. Conclusion: The overseas investigation agencies rapidly manage and coordinate their operational practices in order to resolve national requirements and social conflicts with fairness, accuracy and expertise in accident investigations. In order to prevent the recurrence of similar events, Korea needs to efficiently reconstruct its investigative functions distributed by each government department. In addition, institutional improvement is needed to make general adjustments at the national level, organize and operate control tower for when the accident has happened.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.329-341
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• 2020

As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.

• Journal of Korean Society of Forest Science
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• v.109 no.4
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• pp.371-381
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• 2020

The Ministry of Environment (ME) is planning to adopt in 2020 the IUCN regional Red List for "Guidelines for listing and delisting rare & endangered species and management of endangered Species System". The ME designated 377 species of vascular plants on the regional Red List. In a previous study it had been suggested that 103 species from this list are candidates for the regional Red List. With respect to a possible Red List, we assessed 59 species (after excluding 34 additional NA species and ten endemic species). These assessments indicated that 16 species are at the "threatened" level. Of those, one species is Critically Endangered, ten are Endangered, and five are Vulnerable. A further four species are classified as Near Threatened, 30 as Of Least Concern, and nine as Data Deficient. We found that most of the assessments proposed by the Ministry of Environment were not supported by scientific data, including quantitative geographic data (over 70%) in Criteria B. In order to determine the endangered species belonging to the orchid family, it is necessary to obtain records of illegal activities or data on overcollection. The current problem with the Ministry of Environment Red List has been the lack of management of scientific data on species showing a trend in decreasing population in the mid- to long-term; thus, there is a lack of critical resources for policy-makers. The ME legally designated categories and assessment, and the lack of expertise in failing to comply with the legal law by itself. The key to presenting an accurate overview of the state of Korean flora is to fill the information gaps with respect to significant geographical and taxonomical biases in the quality and quantity of data. By regularly updating the qualified data, we will be able to track the changes in the conservation status of the flora and inform the necessary conservation policies.

• Korean Journal of Environment and Ecology
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• v.34 no.6
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• pp.530-542
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• 2020

This study surveyed the central mountain area of Demilitarized Zone (DMZ) from March to October 2018 to reveal the appearance patterns of freshwater fish. We collected 7,744 individuals of 43 species in 12 families with skimming nets and cast nets in 12 stations during the survey. The dominant species was Zacco koreanus (30.3%), and the subdominant species was Z. platypus (18.5%), followed by Rhynchocypris oxycephalus (10.0%), R. steindachneri (6.7%), Microphysogobio yaluensis (5.9%), Acheilognathus signifer (4.5%), Pungtungia herzi (4.2%), and Orthrias nudus (2.6%). Among the collected species, four were legally protected. They included Hemibarbus mylodon, which was a natural monument, and Lethenteron reissneri, A. signifer, and Pseudopungtungia tenuicorpa, which were class II endangered wildlife designated by the Ministry of Environment. Twenty Korean endemic species (46.5%) and one exotic species, Micropterus salmoides, were also collected. Additionally, three climate-change sensitive species, R. kumgangensis, Ladislavia taczanowskii, and Cottus koreanus, and three landlocked species, L. reissneri, C. koreanus, and Rhinogobius brunneus appeared. The dominant species in each station were Z. koreanus (15 stations), Z. platypus (four stations), R. oxycephalus (four stations), and C. koreanus (one station). The species dominance index decreased from upstream to downstream (mainstream of Gimhwanamdae Stream), while the species diversity index and the species richness index increased. The community structure of the rivers was divided into the uppermost stream, upper stream, Han River, and Imjin River. Compared to antecedent surveys, this study collected the highest number of species. Two new species (Sarcocheilichthys variegatus wakiyae and Micropterus salmoides) were caught, while six species (Siniperca scherzeri, Leiocassis ussuriensis, Brachymystax lenok tsinlingensis, Rhodeus ocellatus, Abbottina springeri, Aphyocypris chinensis) did not appear. Gimhwanamdaecheon Stream has high biological value with the inhabitation of many species, including species under legal protection and high diversity and richness index scores. This paper also discussed a protection plan for this area.

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• (The)Study of the Eastern Classic
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• no.67
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• pp.345-378
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• 2017

In the scriptures of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", the expression method of '$Ch{\bar{u}}n-w{\acute{a}}ng-zh{\bar{e}}ng-yu{\grave{e}}$(春王正月 : It's spring. It's the first month regulated by the king.)' was used as Jì-yuè-fǎ(紀月法 : the rules to determine the first month(正月)), the month of winter solstice was regarded as the first month of a year, and three years since then were named as $Ch{\bar{u}}n$(春 : spring). With regard to this "$Ch{\bar{u}}n-qi{\bar{u}}$"Wáng-lì("春秋"王曆 : the calendar regulated by the king of $Zh{\bar{o}}u$(周) dynasty in "$Ch{\bar{u}}n-qi{\bar{u}}$"), depending on whether Confucius(孔子) changed and recorded the names of the months and the season or not, there were three different arguments; the theory that 'Confucius changed the names of both the months and the season'(孔子改月 改時說), the view that 'Confucius changed the name of the season, not the names of the months'(孔子不改月 改時說), and then the theory that 'Confucius changed neither the names of the months nor the name of the season'(孔子不改月 不改時) since Song(宋) dynasty. The first view was taken by $Hh{\acute{u}}-{\bar{a}}n-gu{\acute{o}}$(胡安國) and $C{\grave{a}}i-ch{\acute{e}}n$(蔡沈), and the second theory was mentioned by Chéng-yí(程?) and Zhū-zǐ(朱子). The advocates of the third view had become remarkable since Ming(明) dynasty, and one of representatives was Wàng-yáng-míng(王陽明). All of them based their arguments on ancient scriptures and Confucian legal books, and there were cases of taking the same records as the support for different opinions. Confucius' so-called 'Chūn-qiū-bǐ-fǎ(春秋筆法 : the method to describe historical facts by making clear discrimination between right and wrong)' and '$Sh{\grave{u}}-{\acute{e}}r-b{\grave{u}}-zu{\grave{o}}$(述而不作 : the attitude to succeed virtuous men's achievements and only explain and describe them not creating and adding new contents)' could come from thoughts of $Z{\bar{u}}n-w{\acute{a}}ng$(尊王 : to respect the king with the virtues of benevolence, righteousness, propriety, wisdom and sincerity). Therefore, even though Confucius is assumed to have been the writer of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", whether he actually changed and recorded the names of the months and the season in the calendar used in "$Ch{\bar{u}}n-qi{\bar{u}}$" is doubtful. These theories on Confucius's intervention in the calendar of "$Ch{\bar{u}}n-qi{\bar{u}}$" hadn't been discussed as conflicting in reality until Tang(唐) dynasty.