Australian Case Study in Regulatory Techniques to the Security Industry Reform and Policy Implications (호주 민간경비산업 고품질 규제수단 검토 및 시사점)
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- Korean Security Journal
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- no.47
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- pp.7-36
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- 2016
The security providers industry, often referred to as an industry with unconfined growth ceiling, has entered a remarkable mass-growth phase since the 1980. In the modern era, private-sector security increasingly cover functions relating to general security awareness (including counter-terrorism) in partnership with State bodies, and the scale of operations continue to accelerate, relative to the expanding roles. In the era of pluralisation of policing, there has been widening efforts pursued to develop a range of regulatory strategies internationally in order to manage such growth and development. To date, in South Korea, a diverse set of industry review studies have been conducted. However, the analyses have been conventionally confined to North America, Britain, Germany and Japan, while developments in other world regions remain unassessed. This article is intended to inform the drivers and determinants of regulatory reforms in Australia, and examine the effectiveness of the main pillars of licensing innovations. Over the past decades, the Australian regime has undergone a wave of reforms in response to emerging issues, and in recognition of the industry as a 'public good' due to underpopulation density and the resulting security challenges. The focus of review in this study was on providing a detailed review of the regulatory approach taken by Australia that has expanded police-private security co-operation since the 1980s. The emphasis was on examining the core pillars of risk management strategies and oversight practices progressed to date and evaluating areas of possible improvement in regulation relative to South Korea. Overall, this study has identified three key features of Australian regime: (1) close checks on questionable close associates (including fingerprinting), (2) power of inspection and seizure without search warrant, (3) the 'three strikes' scheme. The rise of the private security presence in day-to-day policing operations means that industry warrant some intervening government-sponsored initiative. The overall lessons learnt from the Australian case was taken into account in determining the following checks and balances that would provide the ideal setting for the best-practice arrangement: (1) regulatory measure should be evaluated against a set of well-defined indicators, such as the merits of different enforcement tools for each given risk, (2) information about regulatory impacts should be analysed by a specialist research institute, (3) regulators should be innovative in applying a range of strategies available to them by employing a mixture of compliance promotional strategies, and adjust the mix as required.
Purpose: The recent increased use of Personal Mobility (PM) has been accompanied by a rise in the annual number of accidents. Accordingly, the safety requirements for PM use are being strengthened, but the laws/systems, infrastructure, and management systems remain insufficient for fostering a safe environment. Therefore, this study comprehensively searches the main problems and improvement methods through a review of previous studies that are related to PM. Then the priorities according to the importance of the improvement methods are presented through the Delphi survey. Method: The research method is mainly composed of a literature study and an expert survey (Delphi survey). Prior research and improvement cases (local governments, government departments, companies, etc.) are reviewed to derive problems and improvements, and a problem/improvement classification table is created based on keywords. Based on the classification contents, an expert survey is conducted to derive a priority improvement plan. Result: The PM-related problems were in 'non-compliance with traffic laws, lack of knowledge, inexperienced operation, and lack of safety awareness' in relation to human factors, and 'device characteristics, road-drivable space, road facilities, parking facilities' in relation to physical factors. 'Management/supervision, product management, user management, education/training' as administrative factors and legal factors are divided into 'absence/sufficiency of law, confusion/duplication, reduced effectiveness'. Improvement tasks related to this include 'PM education/public relations, parking/return, road improvement, PM registration/management, insurance, safety standards, traffic standards, PM device safety, PM supplementary facilities, enforcement/management, dedicated organization, service providers, management system, and related laws/institutional improvement', and 42 detailed tasks are derived for these 14 core tasks. The results for the importance evaluation of detailed tasks show that the tasks with a high overall average for the evaluation items of cost, time, effect, urgency, and feasibility were 'strengthening crackdown/instruction activities, education publicity/campaign, truancy PM management, and clarification of traffic rules'. Conclusion: The PM market is experiencing gradual growth based on shared services and a safe environment for PM use must be ensured along with industrial revitalization. In this respect, this study seeks out the major problems and improvement plans related to PM from a comprehensive point of view and prioritizes the necessary improvement measures. Therefore, it can serve as a basis of data for future policy establishment. In the future, in-depth data supplementation will be required for each key improvement area for practical policy application.
In landscape design by public institutions, although the costs and species of landscape trees stipulated by the Korean Public Procurement Service(PPS) are generally adhered to, the PPS regulations about planting trees with well-developed rootlets are almost entirely neglected. This study aimed to evaluate the performance of buried container modules, which are a new technology and product in landscape production that is able to reduce the defect rate while complying with regulations. To this end, this study measured rootlet density, rootlet development length, rootlet survival rate on excavation, and impairments of tree growth for 3 months after root pruning, and compared these variables for the container modules with those for trees that underwent root pruning in bare ground, and those that were cultivated in a container above ground. The results were as follows: First, the rootlet density was 88% for the trees in container modules, which was very high. Trees that underwent standard root pruning in bare ground had a somewhat lower density of 64%. Meanwhile, the trees that were cultivated in pots above ground died, invalidating measurement. Second, in terms of rootlet development and rootlet survival rate, the trees in container modules showed a mean length of 10.4cm, and 100% survival rate, indicating that there was no rootlet damage caused by excavation. For the trees that only underwent root pruning in bare ground, the mean length was 25.6cm and the rootlet survival rate was only half that of the trees in container modules, at 56%, demonstrating considerable damage. Rootlet development did not occur at all in the trees grown in pots. Third, the trees in container modules and those that underwent root pruning in bare ground did not show any deaths during the root pruning process, or any impairments such as stunted leaf growth. Conversely, the trees grown in pots nearly all died, and severe impairments of tree growth were observed. As shown by the results above, when we evaluated the performance of buried container modules, they showed the most outstanding performance of the three models tested in this study. The container modules prevent defects by stimulating early rooting in environments that with poor conditions for growth, or in trees that are not suited to the summer environment Therefore, it is expected that they would be an optimal means by which to enable compliance with rules such as the regulation presented by the PPS.
The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.
The central and local governments of the Republic of Korea provided information necessary for disaster response through wireless emergency alerts (WEAs) in order to overcome the pandemic situation in which COVID-19 rapidly spreads. Among all channels for delivering disaster information, wireless emergency alert is the most efficient, and since it adopts the CBS(Cell Broadcast Service) method that broadcasts directly to the mobile phone, it has the advantage of being able to easily access disaster information through the mobile phone without the effort of searching. In this study, the characteristics of wireless emergency alerts sent to Seoul during the past year and one month (January 2020 to January 2021) were derived through various text mining methodologies, and various types of information contained in wireless emergency alerts were analyzed. In addition, it was confirmed through the population mobility by age in the districts of Seoul that what kind of influence it had on the movement behavior of people. After going through the process of classifying key words and information included in each character, text analysis was performed so that individual sent characters can be used as an analysis unit by applying a document cluster analysis technique based on the included words. The number of WEAs sent to the Seoul has grown dramatically since the spread of Covid-19. In January 2020, only 10 WEAs were sent to the Seoul, but the number of the WEAs increased 5 times in March, and 7.7 times over the previous months. Since the basic, regional local government were authorized to send wireless emergency alerts independently, the sending behavior of related to wireless emergency alerts are different for each local government. Although most of the basic local governments increased the transmission of WEAs as the number of confirmed cases of Covid-19 increases, the trend of the increase in WEAs according to the increase in the number of confirmed cases of Covid-19 was different by region. By using structured econometric model, the effect of disaster information included in wireless emergency alerts on population mobility was measured by dividing it into baseline effect and accumulating effect. Six types of disaster information, including date, order, online URL, symptom, location, normative guidance, were identified in WEAs and analyzed through econometric modelling. It was confirmed that the types of information that significantly change population mobility by age are different. Population mobility of people in their 60s and 70s decreased when wireless emergency alerts included information related to date and order. As date and order information is appeared in WEAs when they intend to give information about Covid-19 confirmed cases, these results show that the population mobility of higher ages decreased as they reacted to the messages reporting of confirmed cases of Covid-19. Online information (URL) decreased the population mobility of in their 20s, and information related to symptoms reduced the population mobility of people in their 30s. On the other hand, it was confirmed that normative words that including the meaning of encouraging compliance with quarantine policies did not cause significant changes in the population mobility of all ages. This means that only meaningful information which is useful for disaster response should be included in the wireless emergency alerts. Repeated sending of wireless emergency alerts reduces the magnitude of the impact of disaster information on population mobility. It proves indirectly that under the prolonged pandemic, people started to feel tired of getting repetitive WEAs with similar content and started to react less. In order to effectively use WEAs for quarantine and overcoming disaster situations, it is necessary to reduce the fatigue of the people who receive WEA by sending them only in necessary situations, and to raise awareness of WEAs.
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.
The wall shear stress in the vicinity of end-to end anastomoses under steady flow conditions was measured using a flush-mounted hot-film anemometer(FMHFA) probe. The experimental measurements were in good agreement with numerical results except in flow with low Reynolds numbers. The wall shear stress increased proximal to the anastomosis in flow from the Penrose tubing (simulating an artery) to the PTFE: graft. In flow from the PTFE graft to the Penrose tubing, low wall shear stress was observed distal to the anastomosis. Abnormal distributions of wall shear stress in the vicinity of the anastomosis, resulting from the compliance mismatch between the graft and the host artery, might be an important factor of ANFH formation and the graft failure. The present study suggests a correlation between regions of the low wall shear stress and the development of anastomotic neointimal fibrous hyperplasia(ANPH) in end-to-end anastomoses. 30523 T00401030523 ^x Air pressure decay(APD) rate and ultrafiltration rate(UFR) tests were performed on new and saline rinsed dialyzers as well as those roused in patients several times. C-DAK 4000 (Cordis Dow) and CF IS-11 (Baxter Travenol) reused dialyzers obtained from the dialysis clinic were used in the present study. The new dialyzers exhibited a relatively flat APD, whereas saline rinsed and reused dialyzers showed considerable amount of decay. C-DAH dialyzers had a larger APD(11.70
The wall shear stress in the vicinity of end-to end anastomoses under steady flow conditions was measured using a flush-mounted hot-film anemometer(FMHFA) probe. The experimental measurements were in good agreement with numerical results except in flow with low Reynolds numbers. The wall shear stress increased proximal to the anastomosis in flow from the Penrose tubing (simulating an artery) to the PTFE: graft. In flow from the PTFE graft to the Penrose tubing, low wall shear stress was observed distal to the anastomosis. Abnormal distributions of wall shear stress in the vicinity of the anastomosis, resulting from the compliance mismatch between the graft and the host artery, might be an important factor of ANFH formation and the graft failure. The present study suggests a correlation between regions of the low wall shear stress and the development of anastomotic neointimal fibrous hyperplasia(ANPH) in end-to-end anastomoses. 30523 T00401030523 ^x Air pressure decay(APD) rate and ultrafiltration rate(UFR) tests were performed on new and saline rinsed dialyzers as well as those roused in patients several times. C-DAK 4000 (Cordis Dow) and CF IS-11 (Baxter Travenol) reused dialyzers obtained from the dialysis clinic were used in the present study. The new dialyzers exhibited a relatively flat APD, whereas saline rinsed and reused dialyzers showed considerable amount of decay. C-DAH dialyzers had a larger APD(11.70