• Title/Summary/Keyword: Legal Deficiencies

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Study on the Application of the Serious Accidents Punishment Act in Construction Sites and Practical Improvement Measures for Legal Deficiencies

  • Wonpyo Hong;Taekeun Oh
    • International Journal of Advanced Culture Technology
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    • v.12 no.3
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    • pp.396-405
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    • 2024
  • This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

Applicability of Blockchain based Bill of Lading under the Rotterdam Rules and UNCITRAL Model Law on Electronic Transferable Records

  • Yang, Jung-Ho
    • Journal of Korea Trade
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    • v.23 no.6
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    • pp.113-130
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    • 2019
  • Purpose - This paper investigates applicability of blockchain based bill of lading under the current legal environment. Legal requirements of electronic bill of lading will be analyzed based on the Rotterdam Rules and recently enacted UNCITRAL Model Law on Electronic Transferable Records. Using comparative analysis with the previous registry model for electronic bill of lading, this paper examines the advantages of blockchain based bill of lading. Design/methodology - This research reviewed previous efforts for dematerializing bill of lading with its limitation. Main features of blockchain technology which can make up for deficiencies of registry model also be investigated to analyze whether these features can satisfy the requirements for the legal validity of the negotiable electronic transport record or electronic transferable records under the Rotterdam Rules and the MLETR. Findings - Main findings of this research can be summarized as follows: Blockchain system operated in an open platform can improve transparency and scalability in transfer of electronic bill of lading by assuring easy access for transaction. Distributed ledger technology of blockchain makes it more difficult to forge or tamper with transactions because all participants equally shares identical transaction records. Consensus mechanism and timestamp in a blockchain transaction guarantee the integrity and uniqueness of a transaction. These features are enough to satisfy the requirements of electronic transferable records under the Rotterdam Rules and MLTER. Originality/value - This study has significance in that it provided implications for the introduction of electronic bill of lading by analyzing whether the blockchain based electronic bill of lading model meets the legal requirements under the current legal system prepared prior to the introduction of blockchain technology, and by presenting the advantages of the blockchain based bill of lading model through comparative analysis with the existing registry model.

A Study on the Priority of Complementary Measures about Deficiencies on the PIMS Certification (PIMS 인증결함의 보완조치 우선순위에 관한 연구)

  • Kang, Da-Yeon;Jeon, Jin-Hwan;Hwang, Jong-Ho
    • The Journal of the Korea Contents Association
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    • v.18 no.4
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    • pp.10-17
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    • 2018
  • Most of the privacy officers of organizations are hard to think of the corrective action about deficiencies of the PIMS(Personal Information Management Systems) certification. Because, it is difficult to define the priority of the complementary measures due to the unique characteristics and procedures of personal information protection for each organization. The purpose of this study is to evaluate the priority of the complementary measures using the Analytic Hierarchy Process(AHP). According to the results, it is important to comply with the legal requirements in the first tier. The second tier, PIMS experts answered that dedicated organization, password management, and agreement of the subject are important. Above all, agreement of the subject was found the highest priority for complementary measures about PIMS's deficiencies.

Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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Issues and Vision of Korea Maritime Police (해양경찰의 과제와 발전)

  • Sang-Jib Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.6 no.2
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    • pp.57-66
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    • 2000
  • The argument about enlarging or limiting the function of the Korea Maritime Police. Agency (KMPA) has been and will be repeated. In this paper, the author highlights the internal and external issues facing KMPA, stemming partly from deficiencies of its struggles for advancement of the organization and partly from shortcomings of political support far it. And he urges KMPA to change the organizational culture for maintaining its identity and characteristics as a lead maritime agency by practising a scientific management system for maximizing cost-effectiveness of its administrative resources. In addition, he also suggests that KMPA adopt the Total Quality Management System for quality improvements in services and greater efficiency in its organizational structure to meet the future competition in the changing political and legal environment. he concludes by providing a 6-point vision statement for KMPA from the standpoint of favoring enlarging the function of KMPA.

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Study on the Improvement of the Korean Emission Trading System (국내 배출권거래제도 개선 방안: 관련 법령을 중심으로)

  • Hong, Wonkyung
    • Journal of Climate Change Research
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    • v.7 no.2
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    • pp.121-135
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    • 2016
  • Korean Emission Trading Scheme entered into force on 1 January 2015. As other Emission Trading Systems, Korean Emission Trading System also have some deficiencies to be complemented and improved. Thus, the issues that are related to legal characteristics of emission allowance and its status as a financial instrument, terminology, requisites for the designation of the business entities eligible for allocation, banking and borrowing, and the non-permanence problems in the forestry offset mechanism are reviewed and the directions of the improvement are presented. The review of the Korean Emission Trading Scheme and its relevant act and the presidential decree at its early stage may be helpful for the Korean ETS to be firmly settled and to operate properly.

The Future of Work: Trends of Decentralized Autonomous Organizations (일의 미래: 탈중앙자율조직 DAO)

  • S.M. Choi
    • Electronics and Telecommunications Trends
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    • v.38 no.1
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    • pp.65-76
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    • 2023
  • Decentralized autonomous organizations (DAOs) is an effective and secure means to enable direct collaboration between people who want to achieve common goals in a digital environment, where believing each other without intermediaries from trusted third parties is difficult. DAO can flexibly implement most of the roles previously performed by existing organizations and finally aim for a new structure that functions independently without human intervention. Despite its technical and legal uncertainties and problems, DAO is rapidly expanding. This study examines trends such as the concept, use cases, participation methods, and deficiencies of DAO, which is called the future of work and helps to understand upcoming considerations.

Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

An Intelligent CCTV-Based Emergency Detection System for Rooftop Access Control Problems (옥상 출입 통제 문제 해결을 위한 지능형 CCTV 기반 비상 상황 감지 시스템 제안)

  • Yeeun Kang;Soyoung Ham;Seungchae Joa;Hani Lee;Seongmin Kim;Hakkyong Kim
    • Convergence Security Journal
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    • v.24 no.1
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    • pp.59-68
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    • 2024
  • With advancements in artificial intelligence technology, intelligent CCTV systems are being deployed across various environments, such as river bridges and construction sites. However, a conflict arises regarding the opening and closing of rooftop access points due to concerns over potential accidents and crime incidents and their role as emergency evacuation spaces. While the relevant law typically mandates the constant opening of designated rooftop access points, closures are often tacitly permitted in practice for security reasons, with a lack of appropriate legal measures. In this context, this study proposes a detection system utilizing intelligent CCTV to respond to emergencies that may occur on rooftops. We develop a system based on the YOLOv5 object detection model to detect assault and suicide attempts by jumping, introducing a new metric to assess them. Experimental results demonstrate that the proposed system rapidly detects assault and suicide attempts with high accuracy. Additionally, through a legal analysis of rooftop access point management, deficiencies in the legal framework regarding rooftop access and CCTV installation are identified, and improvement measures are proposed. With technological and legal improvements, we believe that crime and accident incidents in rooftop environments will decrease.

Issues and Vision of Korea Maritime Police

  • Lee, Sangjib
    • Proceedings of KOSOMES biannual meeting
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    • 2000.05a
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    • pp.14-25
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    • 2000
  • Should the Korea Maritime Police Agency (KMPA) be a comprehensive, multi-functional organization for a unique on-scene service at sea, as in the case of the U.S. Coast Guard, or should it be simply a water police agency, confining its mission only to law enforcement? The argument about enlarging or limiting KMPA's function has been and will be repeated. In this paper, Lee Sangjib highlights the internal and external issues facing KMPA, stemming partly from deficiencies of its struggles for advancement of the organization and partly from shortcomings of political support for it. In this regard, he urges KMPA to practise a scientific management system for maximizing cost-effectiveness of its administrative resources and for maintaining its identity and characteristics as a lead maritime agency. In addition, he also suggests that KMPA adopt the Total Quality Management System for quality improvements in services and greater efficiency in its organization structure to meet the future competition in the changing political and legal environment. He further recommends the proactive, non-regulatory 'Prevention Through People' program, pioneered by the U.S. Coast Guard, as a way of changing KMPA's existing lopsidedly legalistic culture. He concludes by providing a 6-point vision statement for KMPA from the standpoint of favoring enlarging the function of KMPA.

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