• Title/Summary/Keyword: Legal improvement

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The Current Status and Prospect of Presidential Records Management (대통령기록관리의 현황과 전망)

  • Zoh, Young-Sam
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.283-322
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    • 2009
  • Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

Structuration of Space Change due to Planning and Leisure Activities in Hangang River Park - Focused on the Hangang River Park in Yeouido from the 1970s to the 2000s - (여가 활동 공간으로서 여의도 한강공원 공간변화의 구조화 - 1970년대부터 2000년대까지 여의도 한강공원의 여가 활동과 계획을 중심으로 -)

  • Cho, Han-Sol
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.2
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    • pp.13-27
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    • 2019
  • This study shows the changes in the space created by the planning and leisure activities of Hangang River Park, focusing on the Yeouido portion of the Hangang River Park, which has the most users and the greatest degree of planning. The relationship between planning, behavior, and space changes are explained based on Giddens's Structural Theory. As research material, Hangang River Park plans and satellite photos were interpreted and newspaper articles were used to identifying the space changes and their causes, and a model of the space changes was derived through the application of the theory. The flow of space change in the Yeouido portion of the Hangang River Park due to planning and leisure activities is as follows. In the 1970s, the first sports spaces are made due to need from residents near the riverside, but huge plans for the utilization of the entire space were not realized. In the 1980s, leisure spaces were planned and developed through a comprehensive plan. Various sports spaces were built, but the environment of the spaces became a slum. In the 1990s, various leisure activities were revitalized due to the revision of the legal system, regulations on the usage of space, and space maintenance, and from the late 1990s, ecological issues arose along the Hangang River. In the 2000s, there was an overall space improvement project directed by two comprehensive plans, and cultural and ecological issues appeared in the Hangang River Park plans. However, actual leisure spaces were developed along with the promotion of large-scale activities. Regarding the structuration theory, elements of interaction, modality, and structure are the aspects of space changes in the Yeouido portion Hangang River Park. As the flow of the space change, the proportions of the comprehensive plan and the individual plans were similar. The comprehensive plan was influenced by the change of public businesses and the proliferation of large-scale activities. Individual plans were influenced by the user's activities and opinions. However, both plans were influenced by the users and suppliers. The leisure space of the Hangang River Park can be viewed as a social space, in terms of the structuring as a theory due to the user repeatedly changing the use of the space. The purpos of this study is to investigate the changes in the Hangang River Park space through planning and leisure activities. Through this study, we can understand the characteristics of the Hangang River Park in planning the leisure activity space.

Current Status of Informed Consent Form for Acupotomy in Korean Medicine Hospitals and Development of a Standard Informed Consent Form Using Delphi Method (한방병원의 침도 시술 동의서의 현황 조사와 델파이 기법을 활용한 표준 시술 동의서 개발)

  • Jihun Kim;Bonhyuk Goo;Hyongjun Kim;Kyoungsuk Seo;Myungjin Oh;Myungseok Ryu;Sang-Hoon Yoon;Kwang Ho Lee;Hyun-Jong Lee;Jungtae Leem;Hyungsun Jun;Jeong Ihn Sook;Sung Woon Choi;Tae Wook Lee;Yeonhak Kim;Yoona Oh;Kunhyung Kim;Gi Young Yang;Eunseok Kim
    • The Journal of Korean Medicine
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    • v.45 no.1
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    • pp.182-201
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    • 2024
  • Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine. Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert. Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed. Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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A Study on the History and Species of Street Trees in Seoul (서울시 가로수 역사와 수목 고찰)

  • Song, Suk-Ho;Kim, Min-Kyung
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.58-67
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    • 2020
  • The present study was conducted as part of basic research for selecting species of street trees with historical value in Seoul. It also made up a list of traditional landscape trees for a variety of alternatives. The following results are shown below. As to the history of street trees in Korea, records on to-be-estimated street trees are found in historical documents written in King Yangwon during the second year of Goguryeo Dynasty (546) and King Myeongjong during 27 year of Goryeo (1197). However, it is assumed that lack of clarity is found in historical records. During the 23 year of King Sejong in the early Joseon Dynasty (1441), the record showed that the state planted street trees as guideposts on the postal road. The records revealed that Ulmus spp. and Salix spp. were planted as guidance trees. The street tree system was performed in the early Joseon Dynasty as recorded in the first year of King Danjong document. Pinus densiflora, Pinus koraiensis, Pyrus pyrifolia var. culta, Castanea crenata, Styphnolobium japonicum and Salix spp. were planted along the avenue at both left and right sides. Morus alba were planted on streets during the five year of King Sejo (1459). As illustrated in pieces Apgujeong by painter Jeongseon and Jinheonmajeongsaekdo in the reign of King Yeongjo, street trees were planted. This arrangement is associated with a number of elements such as king procession, major entrance roads in Seoul, place for horse markets, prevention of roads from flood and indication. In the reign of King Jeongjo, there are many cases related to planting Pinus densiflora, Abies holophylla and Salix spp. for king procession. Turning king roads and related areas into sanctuaries is considered as technique for planting street trees. During the 32 year of King Gojong after opening ports (1985), the state promoted planting trees along both sides of roads. At the time, many Populus davidiana called white poplars were planted as rapidly growing street trees. There are 17 taxa in the Era of Three Kingdoms records, 31 taxa in Goryeo Dynasty records and 55 taxa in Joseon Dynasty records, respectively, described in historical documents to be available for being planted as street trees in Seoul. 16 taxa are recorded in three periods, which are Era of Three Kingdoms, Goryeo Dynasty and Joseon Dynasty. These taxa can be seen as relatively excellent ones in terms of historical value. The introduction of alien plants and legal improvement in the Japanese colonial period resulted in modernization of street tree planting system. Under the six-year street tree planting plan (1934-1940) implemented as part of expanding metropolitan areas outside the capital launched in 1936, four major street trees of top 10 taxa were a Populus deltoides, Populus nigra var. italica, Populus davidiana, Populus alba. The remaining six trees were Salix babylonica, Robinia pseudoacacia, platanus orientalis, Platanus occidentalis, Ginkgo biloba, and Acer negundo. Beginning in the mid- and late 1930s, platanus orientalis, Platanus occidentalis were introduced into Korea as new taxa of street trees and planted in many regions. Beginning on 1942, Ailanthus altissima was recommended as street trees for the purpose of producing silks. In 1957 after liberation, major street tree taxa included Platanus occidentalis, Ginkgo biloba, Populus nigra var. italica, Ailanthus altissima, Populus deltoides and Salix babylonica. The rank of major street tree species planted in the Japanese colonial period had changed. Tree planting trend around that period primarily representing Platanus occidentalis and Ginkgo biloba still holds true until now.