• Title/Summary/Keyword: Presidential Security

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A Review on Recent Debate on Proposals of Amendment of the Article of Prohibition of Inhouse-Contract for Harmful Work in the Industrial Safety and Health Act (유해작업 사내도급 금지와 관련된 논란 및 개정방안에 관한 고찰)

  • Park, Doo Yong
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.1
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    • pp.1-13
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    • 2014
  • Objectives: The purpose of this study is to review the debate on the Article 28(Prohibition of Inhouse-Contract for Harmful Work) of the Industrial Safety and Health Law. Methods: Literatures and recent debate for prohibition and permission of inhouse-contract for harmful work were reviewed. Proposals of revision for the Article 28 of the Industrial Safety and Health Law were also reviewed. Results: It was not found reasonable to revise the Article 28 based on increased fatal accidents or diseases in the electroplating work and heavy metals handling works that are currently listed in the Presidential Decree under the law as the harmful works. Regulation types of prohibition or authorization for any harmful work shall have inherently poor coverage since the scope of application is extremely limited. Contractors for maintenance and repair of chemical facilities may not be included in the scope of application if the harmful works are defined as chemical handling works. If harmful works are prohibited, the contractor workers may loose their jobs. Therefore, it is necessary to consider balancing job security and occupational safety and health safety. Conclusions: Various limitations were found in the Article 28 and the proposals to revise it. Currently in-house subcontracting is widely spread in the workplace. Therefore, it may be inappropriate to set one or two Article such as the Article 28 and 29 to protect in-house subcontract workers from injury and illness. It is believed that it needs fundamental redirection and new approach with new paradigm to impose occupational safety and health duty to prime contractors.

The limits in legislating and the methods for improving the current 'National Guidelines on Anti-Terror Activities' (현행 '국가대테러활동지침'의 문제점과 입법적 개선방안에 관한 연구)

  • Kim, Soon-Seok;Shin, Jae-Chul
    • Korean Security Journal
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    • no.20
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    • pp.95-117
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    • 2009
  • Ever since the 9/11 terror attack, all the world has perceived the need and taken actions to make an anti-terror law, however The Republic of Korea has not yet come up with any relevant output. Currently, the Korean government apportions duties to each related government agency and sets up systems for cooperation among them to make preparations against and cope with terror threats, according to The National Guidelines on Anti-Terror Activities (the presidential directive number 47 given on January 21, 1982). However, the directive has many limits and shortcomings in coping with national emergencies. In this situation, this research aims to compare the national anti-terror laws of others countries with Korea's, in order to understand the problems in Korea, i.e., that The National Guidelines on Anti-Terror Activities, which are the only anti-terror regulations in Korea do not clearly describe the concept and range of a terror, that national anti-terror meetings and the anti-terror standing committee have problems with their operation, that the Terrorism Information Integration Center has also its own problems, and that Korea lacks in preparatory actions against terror crimes and there are still problems about investigations into terror incidents. In order to solve these problems for the future, the present author suggests that the purpose of the law on The National Guidelines on Anti-Terror Activities shall be re-established so as to meet the current anti-terror conditions of Korea, the concept of a terror and anti-terror activities shall be clarified, anti-terror organizations shall be unified, the chair of the anti-terror standing committee shall be appointed legally and automatically according to the relevant rule and be given more rights so as to have free access to private information for anti-terror activities and terror-related information, and systems shall be supplemented for reporting terror-involved persons and funds.

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Control Policy for the Land Remote Sensing Industry (미국(美國)의 지상원격탐사(地上遠隔探査) 통제제탁(統制制度))

  • Suh, Young-Duk
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.87-107
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    • 2005
  • Land Remote Sensing' is defined as the science (and to some extent, art) of acquiring information about the Earth's surface without actually being in contact with it. Narrowly speaking, this is done by sensing and recording reflected or emitted energy and processing, analyzing, and applying that information. Remote sensing technology was initially developed with certain purposes in mind ie. military and environmental observation. However, after 1970s, as these high-technologies were taught to private industries, remote sensing began to be more commercialized. Recently, we are witnessing a 0.61-meter high-resolution satellite image on a free market. While privatization of land remote sensing has enabled one to use this information for disaster prevention, map creation, resource exploration and more, it can also create serious threat to a sensed nation's national security, if such high resolution images fall into a hostile group ie. terrorists. The United States, a leading nation for land remote sensing technology, has been preparing and developing legislative control measures against the remote sensing industry, and has successfully created various policies to do so. Through the National Oceanic and Atmospheric Administration's authority under the Land Remote Sensing Policy Act, the US can restrict sensing and recording of resolution of 0.5 meter or better, and prohibit distributing/circulating any images for the first 24 hours. In 1994, Presidential Decision Directive 23 ordered a 'Shutter Control' policy that details heightened level of restriction from sensing to commercializing such sensitive data. The Directive 23 was even more strengthened in 2003 when the Congress passed US Commercial Remote Sensing Policy. These policies allow Secretary of Defense and Secretary of State to set up guidelines in authorizing land remote sensing, and to limit sensing and distributing satellite images in the name of the national security - US government can use the civilian remote sensing systems when needed for the national security purpose. The fact that the world's leading aerospace technology country acknowledged the magnitude of land remote sensing in the context of national security, and it has made and is making much effort to create necessary legislative measures to control the powerful technology gives much suggestions to our divided Korean peninsula. We, too, must continue working on the Korea National Space Development Act and laws to develop the necessary policies to ensure not only the development of space industry, but also to ensure the national security.

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A Study on the Legislative Conception of Terror of the Advanced European Nations (유럽 선진국의 법제적 테러 개념에 관한 고찰)

  • Kwon, Jeong-Hun;Kim, Tae-Hwan
    • Korean Security Journal
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    • no.15
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    • pp.29-50
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    • 2008
  • Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

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A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

A Study on the Problems and Improvement of the Safety Management Law of Nuclear Facilities -Focused on Safety Management of Aquatic Products- (원자력시설 안전관리 법제의 문제점과 개선방안 연구 -수산물의 안전관리를 중심으로-)

  • Lee, Woo-Do
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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    • pp.23-40
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    • 2019
  • The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

Policy Network Analysis on Korean Child Care Cash Benefit Expansion (한국 양육수당의 확대는 어떠한 정책형성과정을 거쳤는가?: 정책네트워크 분석을 활용하여)

  • Lee, Sophia Seung-yoon;Kim, Min Hye;Lee, Ju-yong
    • 한국사회정책
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    • v.20 no.2
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    • pp.195-232
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    • 2013
  • Child care cash benefit policy in Korea started in 2009 limited to the those under 2 years old in the poverty group entitled to National Basic Living Security Act and the near poor group (100,000 won a month). However, in 2013 the coverage has been expanded to everyone under 5 (200,000 won for those between babies in their first year, 150,000 won for the second year and 100,000 won for those between 2 to 5 years old) regardless of the household income level. The policy change between year 2012 and year 2013 requires a rapid increase in child care budget - 760% increase. This paper examines this exceptional expansion in child care cash benefit using policy network analysis. We found that local election as well as general election immediately effect the interaction between policy actors and the types of networks. This suggest that policy actors recognize child care cash benefit to be more directly related to the election result compared with child care services. Also conflictive interaction between the parties and government bodies with budget restraint also facilitated the diversification on the child care cash benefit discussion. The policy making process of child care cash benefit was led to policy adoption immediately after the presidential election suggesting that policy formation process and the policy adoption had an close relationship in the Korean child care cash benefit policy process.

A Case Study on the Threat of Small Drone and the Development of Counter-Drone System (소형드론 위협 사례와 대드론체계 발전방향)

  • Kang-Il Seo;Ki-Won Kim;Jong-Hoon Kim;Sang-Keun Cho;Sang-Hyuk Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.2
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    • pp.327-332
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    • 2023
  • On December 26, 2022, North Korea's drone provocation resumed for the first time in eight years. The threat covered not only the Seoul metropolitan area but also the no-fly zone for the presidential office's security, and the South Korean military's response to it is not appropriate, which is a major controversy. In the midst of this, problems caused by the prohibition of small drones' flight and illegal intrusion into restricted areas are increasing in Korea, and the threat is becoming a reality, such as being used for terrorist attacks abroad. In this paper, the concept of "Counter-Drone" and related technologies were considered for these drone threats, and implications were derived through domestic and overseas small drone threats, and the direction of development of the Counter-Drone system was presented. North Korea's drone threat is expected to be more diversified, massified, and advanced, resulting in bolder attacks and provocations. Therefore, the South Korean military should push for early powering of the integrated control system and the conter drone system, joint and military cooperation in response to the threat of small drones, and the ability to carry out joint operations between South Korea and the U.S.

Future Direction of National Health Insurance (국민건강보험 발전방향)

  • Park, Eun-Cheol
    • Health Policy and Management
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    • v.27 no.4
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    • pp.273-275
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    • 2017
  • It has been forty years since the implementation of National Health Insurance (NHI) in South Korea. Following the 1977 legislature mandating medical insurance for employees and dependents in firms with more than 500 employees, South Korea expanded its health insurance to urban residents in 1989. Resultantly, total expenses of the National Health Insurance Service (NHIS) have greatly increased from 4.5 billion won in 1977 to 50.89 trillion won in 2016. With multiple insurers merging into the NHI system in 2000, a single-payer healthcare system emerged, along with separation policy of prescribing and dispensing. Following such reform, an emerging financial crisis required injections from the National Health Promotion Fund. Forty years following the introduction of the NHI system, both praise and criticism have been drawn. In just 12 years, the NHI achieved the fastest health population coverage in the world. Current medical expenditure is not high relative to the rest of the Organization for Economic Cooperation and Development. The quality of acute care in Korea is one of the best in the world. There is no sign of delayed diagnosis and/or treatment for most diseases. However, the NHI has been under-insured, requiring high-levels of out-of-pocket money from patients and often causing catastrophic medical expenses. Furthermore, the current environmental circumstances of the NHI are threatening its sustainability. Low birth rate decline, as well as slow economic growth, will make sustainment of the current healthcare system difficult in the near future. An aging population will increase the amount of medical expenditure required, especially with the baby-boomer generation of those born between 1955 and 1965. Meanwhile, there is always the problem of unification for the Korean Peninsula, and what role the health insurance system will have to play when it occurs. In the presidential election, health insurance is a main issue; however, there is greater focus on expansion and expenditure than revenue. Many aspects of Korea's NHI system (1977) were modeled after the German (1883) and Japanese (1922) systems. Such systems were created during an era where infections disease control was most urgent and thus, in the current non-communicable disease (NCD) era, must be redesigned. The Korean system, which is already forty years old, must be redesigned completely. Although health insurance benefit expansion is necessary, financial measures, as well as moral hazard control measures, must also be considered. Ultimately, there are three aspects that we must consider when attempting redesign of the system. First, the health security system must be reformed. NHI and Medical Aid must be amalgamated into one system for increased effectiveness and efficiency of the system. Within the single insurer system of the NHI must be an internal market for maximum efficiency. The NHIS must be separated into regions so that regional organizers have greater responsibility over their actions. Although insurance must continue to be imposed nationally, risk-adjustment must be distributed regionally and assessed by different regional systems. Second, as a solution for the decreasing flow of insurance revenue, low premium level must be increased to an appropriate level. Likewise, the national reserve fund (No. 36, National Health Insurance Act) must be enlarged for re-unification preparation. Third, there must be revolutionary reform of benefit package. The current system built a focus on communicable diseases which is inappropriate in this NCD era. Medical benefits must not be one-time events but provide chronic disease management. Chronic care models, accountable care organization, patient-centered medical homes, and other systems that introduce various benefit packages for beneficiaries must be implemented. The reimbursement system of medical costs should be introduced to various systems for different types of care, as is the case with part C (Medicare Advantage Program) of America's Medicare system that substitutes part A and part B. Pay for performance must be expanded so that there is not only improvement in quality of care but also medical costs. Moreover, beneficiaries of the NHI system must be aware of the amount of their expenditure through a deductible payment system so that spending can be profiled and monitored. The Moon Jae-in Government has announced its plans to expand the NHI system; however, it is important that a discussion forum is created so that more accurate analysis of the NHI, its environments, and current status of health care system, can take place for reforming NHI.