• Title/Summary/Keyword: Legal Unification

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A Study on the Proposal for Extension of Local Autonomy and Financial Atonomy of Local Education

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.3
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    • pp.155-165
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    • 2021
  • The measures to extend local education autonomy are as follows: First, it is necessary to correct the confusion of the legal system of the local education autonomy system. For this, Article 12, Paragraph 2 and 4 of the 「Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems」 which state that "The State shall endeavor to consolidate systems for autonomy in education and local government" and "The implementation of autonomy in education and the autonomous police system shall be prescribed separately by Acts" should be deleted. Second, it is necessary to clarify unnecessary legal matters and regulatory measures for unification at the national level and to proactively consider the introduction of the legal trust system, in which education affairs are designated as local governments' own work and the state carries out specific affairs. The decentralization of local education finance is a key factor for the development of local education autonomy, and it requires the transfer of authority and resources to the region, and the enhancement of local autonomy and corresponding responsibility. First, the ratio of special grants must be adjusted further (from 3% to 2%) or the ratio of national policy projects must be lowered. Second, the provision that requires a consultation with a mayor/governor when making a budget covered by transfers from general accounts should be deleted. Third, it is necessary to remove the elements that limit the authority of city and provincial councils. Fourth, it is necessary to integrate the national education tax and the local education tax to create the education autonomy tax (tentative name) for only one independent purpose. Fifth, it is necessary to strengthen the distribution of the total amount of grants and abolish the settlement regulations for the measurement items of standard financial demand. Sixth is the expansion of the participation of stakeholders and experts in the grant distribution process. Seventh, it is necessary to establish a long-term employment system by designating the education finance field as a special field. Eight is the expansion of cooperative governance.

A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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A Study on the Planning of Nationwide Indexing Services for Korea (전국색인지간행협동체제 편성방안에 관한 연구)

  • Choi Sung Jin
    • Journal of the Korean Society for Library and Information Science
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    • v.12
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    • pp.39-86
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    • 1985
  • The main purpose of the present study is to survey the major iudexing bulletins of national nature in Korea, to define such problem areas as lacunae, duplicates and limitation in coverage in the indexing services currently available in Korea, and to make some suggestions for action for improving the existing indexing services in the light of general principles and the tradition and constraints unique to Korea. The major findings and conclusions reached at this study are summarised as follows: (A) A new indexing bulletin of general nature covering the entire field needs to be created in each of the following fields without an established indexing service available for the outcome of research and development activities in Korea. (1) Philosophy (2) Religion (3) Pure sciences (4) Art (5) Language (6) Literature (7) History (B) A new specialised indexing bulletin needs to be created in each of the following fields where indexing services are heavily utilised but no, or only partial, indexing service is available. (1) Social sciences (a) Statistics (b) Sociology (c) Folklore (d) Military science (2) Pure sciences (a) Mathematics (b) Physics (c) Chemistry (d) Astronomy (e) Geology (f) Mineralogy (g) Life sciences (h) Botany (i) Zoology (3) Applied sciences (a) Medicine (b) Agriculture (c) Civil engineering (d) Architectural engineering (e) Mechanical engineering (f) Electrical engineering (g) Chemical engineering (h) Domestic science (C) Publication of the indexing bulletins suggested in A and B above may be ideally carried on by a qualified and dependable learned society established in the respective fields and designated by the Minister of Education, and should be financially supported from the public fund under the provisions of Art. 27 of the Scientific Research Promotion Act of 1979. (D) The coverage and contents of the four indexing bulletins in the field of banking and financing published by the Library of the Bank of Korea are similar and considerably duplicated. It is, therefore, suggested that the four indexing bulletins are combined in one to form a more comprehensive and efficient bibliographical tool in the field and it is further developed into a general guide to the literature produced in the entire field of economics in Korea by gradually expanding its subject coverage. (E) For the similar reasons stated in D, the Index to the Articles on North Korea and the Catalogue of Theses on North Korea, both publisheds by the Ministry of Unification Library, are suggested to make into one. The Index to the Articles of the Selected North Korean Journals and the Index to the Articles of the North Korean Journals in Microfilm Housed in the Ministry of Unification Library, both published by the same Library, are also suggested to be combined in one. (F) The contents of the Catalogue of the Reports Submitted by Government Officials Who Have Travelled Abroad, published by the National Archives are included in the Index to the Information Materials Related to Government Administration, published by the National Archives. The publication of the former is hardly justified. (G) The contents of the Index to Legal Literature published by the Seoul National University Libraries and those of the Law Section of the Index to Scholastic Works published by the National Central Library are nearly identical. One of the two indexes should cease to be published. (H) Though five indexes are being published in the field of political science and four in the field of public administration, their subject coverage is limited. Naturally, these indexes are little usable to many other researchers in the two fields. A comprehensive index covering all the specialised areas in each field needs to be developed on one or all the existing indexes. (I) It is suggested that the Catalogue of the Scholastic Works on Curricula published by the National Central Library expands its subject coverage to become a more usable and effective index to all the researchers in the field of education. (J) The bimonthly Index to Periodical Articles and the specialised index by subject series published by the National Assembly Library, and the Index to Scholastic Works published by the National Central Library are expected to increase their coverage and frequency of publication to be used more effectively and more efficiently by all users in all fields till the indexing bulletins suggested in this study will fully be available in Korea.

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Performance Evaluation and Suggestions Based on the 2013 Child Care Center Accreditation System (2013년도 어린이집 평가인증 운영체계 개선에 따른 성과평가와 개선안)

  • Jae, Kyung Sook
    • Korean Journal of Childcare and Education
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    • v.11 no.1
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    • pp.501-521
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    • 2015
  • This study aims to examine the effects of the main eight items amended in the 2013 child care center accreditation system and to provide suggestions. The participants in the study were 200 child care center teachers and staff; 150 professionals consisting of public officials in charge of child care, members for the accreditation committee, and inspectors at the site; and 144 parents. They participated in an on-line questionnaire survey conducted during the end of February, 2014. The survey questions regarding the eight changed items were the same to all the three participating groups, and three more questions were asked to child care center teachers and staff. The collected data were analyzed with frequencies and percentages to present general recognition level. For a group comparison, analysis of variance was first performed among 3 professional groups, all of which has the same size. When there was not a statistically significant difference among the three groups, the second analysis of variance was done among three groups of professionals including the three groups, teachers and staff, and parents. The results showed that there were differences in recognition among the groups regarding each changed item in the 2013 child care center accreditation system, but overall, the groups evaluated the main amendments positively and the changes were considered appropriate and necessary. However, it was found that in-depth reviews are needed of procedure unification to check the basics to require legal compliance; management of unaccredited centers such as valid period reduction and no accreditation, or limit for re-accreditation application; and the burdens of child care centers about surprise visits and notice of inspection dates in advance.

A Study on the Improvement Direction through the Analysis of the Legal System and Current Process of KONEPS (국가종합전자조달시스템의 제도 및 프로세스 고찰을 통한 개선 방향 연구)

  • Kim, Sang-Min;Lee, Hyun-Soo
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.23-35
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    • 2017
  • Since the beginning of 2002, KONEPS(Korea ON-line E-Procurement System) which is known with GePS(Government e-Procurement Service), has become a significant role in Korea public procurement service. This paper focuses on the amendments of the related laws and the practical improvement of inconveniences and inefficiencies in user's' position during the use of KONEPS. We analyzed the case of government procurement by major countries, the detailed process and function of KONEPS, and confirmed the revised procurement laws since the commencement of KONEPS. When a user of KONEPS makes an online purchase at the g2b shopping mall to purchase procurement goods, we analyzed focused on the inconvenience of option selection, user feedback after purchasing, unification of the purchase procedure, compared with general online shopping purchase. This paper suggests practical ways to improve the inconveniences and inefficiencies that arise in the process of procurement and use from KONEPS. It is necessary to study on the construction contracts and the empirical studies based on the questionnaire on the functions of procurement law and research model for the cases used in this study in the future.

Ecological Network for Landscape Conservation and Restoration: from an International Perspective (경관의 보전과 복원을 위한 생태네트워크의 국제적 동향)

  • Hong, Sun-Kee
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.7 no.5
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    • pp.12-25
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    • 2004
  • Integration system of conservation ecology, ecosystem management and land planing in landscape scale is major principle strategy for national management system of environmental resource and biodiversity. Current conservation strategy is concerned with not only population and habitat level but also ecosystem and landscape level. In especially, ecological networking to link core areas or major habitat patches is most eminent and emerging issue in European Union (EU) and North America. Moreover, the promotion of national ecological network system in EU is focused on national cooperation to construct ecological corridor for key habitat that distributed in many countries. Integrating landscape ecology into conservation ecology and restoration have important role to stimulate the network system in regional and national level. In this review paper, comprehensive and necessary considerations arisen from the view of landscape ecology were discussed for the present situations of wildlife conservation and management in Korea compared with other countries. Especially, the conservation strategy and policy of biodiversity were addressed in broad sense including habitat protection, legal approaches, and ecological network programs. Finally, a national ecological network system was suggested for environmental policy in Korea in global consideration after the Korean Unification.

A Study on Efficient Numbering Plan of Communication Networks (통신망의 효율적인 번호배분에 관한 연구)

  • 김석태;최영상
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.2 no.4
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    • pp.485-494
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    • 1998
  • Communication network numbers are used in classifying each kind of network, identifying the communication companies and choosing services that are supplied by the companies. In the present, a new numbering system is needed to distinguish a new additional communication network. However the present numbering system of domestic communication network has some problems such as exhaustion of network number, excessive local numbers, and so forth So, in this thesis we call the wire and the wireless telephone network, the pager network and the personal number as communication networks, and consider the present condition and problems of our country, Korea, and foreign countries. Then we propose the efficient numbering plan. Firstly, the present 10 numbering systems that are distributed, such as communication networking number $\ulcorner$01X$\lrcorner$ are diminished into 5 communication network numbers that have same quality. Secondly, subscriber numbers are united to 8 digit and 144 area codes are made into widened 5 area codes. Thirdly, the personal numbering services are cross-distributed by century. And we examine the technical convening plan and the legal converting plan and investigate expecting efficiency of proposed numbering system. If this numbering plan is executed, subscriber's number on communication networks are unified at 8 digits, 5 reserve numbers are secured in exhausted communication network number of $\ulcorner$01X$\lrcorner$, and they can distribute subscriber numbers over twice as much. In addition, number acceptability is enlarged from 237,600 thousands to 400,000 thousands. Personal number can be classified at not only century but also a decade. Accordingly, acceptable numbers are increased two folds enough to provide unification and population increase. We were able to confirm all the efficiencies.

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A Study on the Consciousness of Fare-fighting Officers for the Establishment and Pevitalization of Integrated Disaster Management System (통합재난관리체계 구축 및 활성화를 위한 소방공무원 의식조사 연구)

  • Bae, Young-Son;Koo, Won-Hoi;Shin, Ho-Joon;Baek, Min-Ho
    • Journal of the Society of Disaster Information
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    • v.10 no.1
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    • pp.151-158
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    • 2014
  • In this study, the problems in the domestic disaster management system were identified through the examination of the system, relevant implications were drawn through the present status of domestic integrated disaster management system, and the consciousness survey for the integrated disaster management system targeting fire-fighting officers in the front line of the disaster was carried out to identify the measures to improve the system. Based on the findings, the measures to establish and revitalize the integrated disaster management system was presented, and the contents of the measures are as follows. In order to establish and revitalize the integrated disaster management system, the following measures should be prepared for each item. In the organizational aspect, the coordination system between government agencies should be established properly and the relevant information should he shared and delivered smoothly. In the legal and institutional aspect, the improvement is required to prevent any miscommunications in the coordination and joint operation plan through the collaboration between government agencies should be established in consideration of characteristics of each government agency. Also, in the aspect of system, the equipment should be maintained and updated continuously in order to respond to rapidly changing disasters and the organization, laws, institutions and system should be improved systematically and harmoniously. And, the detailed measures appropriate for the characteristics of domestic disasters should be prepared through the examination of advantages and disadvantages of integrated disaster management system in advanced countries in details and the detailed plans for the establishment of integrated situation management system in relevant organizations and the unification of situation room through the establishment of efficient integrated management system should be established.

Issues and Challenges on the Adaptation of Korean Society for North Korean women defectors -Community Settlement system (탈북여성의 한국사회적응에 대한 쟁점과 과제 - 지역사회 정착제도를 중심으로)

  • Kwon, Sung-Chul
    • Journal of Digital Convergence
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    • v.16 no.10
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    • pp.101-113
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    • 2018
  • This study aims to elucidate the major issues and problems of the North Korean woman defectors focusing on the Community settlement system of Korean society in the time of the historical change of the rapidly changing inter - Korean relations starting from the recent summit talks between North and South Korea. Analytical methods were conducted using literature and previous research data. The results of this study are summarized as follows. The necessity of legal and institutional support reflecting the characteristics of life of North Korean woman defectors and experience of defecting, the necessity of development and management of employment education and employment support program for stable settlement support, the necessity of an integrated support system of public - private cooperation governance structure The need for a tailored social adaptation program tailored to individual needs arises. The results of this study are important to suggest the direction of improvement of the actual system through studying the policy and system of the settlement of Korean society in advance of the unification era. In future research, the support system for the settlement of the South Korean society A variety of studies to identify the factors for role formation will be needed.