• Title/Summary/Keyword: Security Regulation

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Legal Interpretation on Management Power of Article 7 Section 1 of Security Business Act (경비업법 제7조 제1항 "관리권 범위"에 대한 법적 해석)

  • Lee, Jong-Hwan;Lee, Min-Hyung
    • Korean Security Journal
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    • no.26
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    • pp.59-87
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    • 2011
  • Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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A Study on Management of the Secret Data in Defense Information System (Focusing on Defense Ammunition Information System) (국방정보체계의 비밀데이터 관리 방안 연구 (국방탄약정보체계를 중심으로))

  • Yeo, Seong-Cheol;Moon, Jong-Sub
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.24 no.6
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    • pp.1285-1292
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    • 2014
  • Ministry of National Defense made has set a standard regulations and detail to classify the revision of the military security and the plan to adjust or use those secrets. Moreover, the confidential management system with online secret process is operated by it. However, the study for management plan of stored secret data in these systems should be urgently required because the current regulation of military headquarter is different from present military situation so that it is not applicable up to now. This paper is focused on the Defense Ammunition Information Systems to find the proper way to deal with the secret data of the Defense Information Systems. The purpose is to describe the management plan for the secret data consistent with the current situation of the Military by study for the secret classification and case study. Therefore limitations are considered and solutions are finally suggested in this paper.

Policy Tasks in the Enforcement of the Police Order With Regard to Electronic Security (기계경비업무 감독명령 시행의 정책과제)

  • Ha, Kyungsu;Lee, Sangchul
    • Journal of the Society of Disaster Information
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    • v.10 no.2
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    • pp.200-207
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    • 2014
  • In this research, The Police Order No. 2013-1, which is 'Electronic Security 112 Report Standards,' was analyzed and the relevant policy tasks were presented. The policy tasks to achieve the purpose of the selective report system are as follows. First, in order to construct the statistics base, the establishment of the terms related to false alarm and false call, emergency button, and sensing signal and the development of the appropriate term to replace the electronic security guard are needed. Second, the electronic security companies should build the response system to abide by the 112 report standards of the police order. Third, the police should reexamine the establishment of the emergency report objects of the selective report system. Fourth, the reinforcement of the administrative regulation and supervision to enforce the police order strictly is required.

The characteristics of traffic accidents and Its Counter-measures in Small-Medium City - With the case of Andong City - (중소도시 교통사고의 실태분석과 교통경찰의 대응전략 - 안동시를 중심으로)

  • Park, Dong-Kyun;Lee, Sang-Kwang
    • Korean Security Journal
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    • no.7
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    • pp.155-189
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    • 2004
  • The mission of the police as described by law is to guard the life, body and property of all citizens. Such duties should be accurately performed based on legal and democratic procedures because the works of the police are directively influencing the overall lives of the citizens by restricting their freedom. We are frequently watching the traffic police on the street or road. Traffic policing aims to reduce crime and the opportunities for criminal activity in relation to the use of roads, that is to improve road user behavior in order to reduce accidents. The characteristics of traffic accident change is not similar in each traffic condition. The purpose of this study is to analysis a type characteristics of traffic accident change, such as number of deaths and wounded persons by the time, the vehicle, the type the road, the age group. Based on the characteristics of traffic accident change, traffic accident countermeasures are proposed, in which some variable of traffic policies such as traffic facilities, traffic regulation, and traffic safety education.

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A Study on The Power of Autonomous Fire Fighting (자치체(自治體) 소방역량(消防力量)에 관한 연구(硏究))

  • Park, Tae-Yu;Kim, Doo-Hyun
    • Korean Security Journal
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    • no.1
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    • pp.135-173
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    • 1997
  • We study on the power of local autonomous fire fighting in Korea. Chapter I which sets out purpose, scope and method, is followed by Chapter Ⅱ , dealing largely with the organization, man-power, equipment, activites of local fire fighting administration and the fire fighting environment. Chapter III made a comparative study on the power of autonomous fire fighting, local budget , fire fighting activities, fire present conditions. It is followed by concluding abservation made in Chapter Ⅳ and Chapter V. We indicated a few disputed points on the power of local autonomous fire fighting and suggested several alternatives to improve our fire fighting administration system. The alternatives suggested are as followes : (1) Reinforcement of the man-power, (2) Regulation of the standard fire fighting power, (3) Improvement of the using on fire fighting facilities tax and state finance, (4) Aplication of the local borrowings, (5) Tax reduction and exemption on the fire fighting equip-ment investment, and so forth.

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Redundancy assessment of PIMS and PIPL by parsing (구문분석을 통한 PIMS와 PIPL의 중복성 평가)

  • Kim, So-Ra;Kim, Tae-Sung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.3
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    • pp.745-756
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    • 2016
  • As infringement accidents of personal information have often occurred and estimates of damages are too large, the government introduces many certifications related with personal information management system for protecting personal information. Among them, PIMS and PIPL share many points in common, so many complaints about duplicate regulation have been suggested. This study evaluates the duplication of two certifications in order to examine redundancy between PIMS and PIPL both of which have been controversial.

Electronic Proceedings in Modern Legal Conditions

  • Veselovska, Nataliia;Slipeniuk, Vasyl;Yasynok, Dmytro;Zhukevych, Ihor;Gorbenko, Arina
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.224-228
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    • 2021
  • The article is devoted to the problems and prospects of integration of informational technologies in the administration of justice as a necessary component of the development of the informational society in Ukraine. In general, informational technologies make it possible to create new forms of organization and interaction of bodies of public authorities with society, to introduce innovative solutions for legal regulation and organization of public relations. More and more services for citizens are moving to electronic format. Judicial reform is aimed at ensuring more comfortable and convenient interaction with the courts. The need for the usage of informational technology in the proceedings is preconditioned by the global informatization of modern society, the development of new forms of interaction in the civil sphere with the usage of electronic means of communication: the global Internet, mobile, and satellite communication systems and more. "Electronic justice" involves the use of information and communication technologies in the implementation of procedural law.

Economic and Information Principles for Cargo Delivery Management in Global Network Supply Chains

  • Savchenko, Liliia;Biletska, Natalia;Buriachenko, Oleksii;Shmahelska, Marina;Коpchykova, Іnnа;Vasylenko, Igor
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.443-450
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    • 2021
  • The study is devoted to the formation of a economic principles cargo delivery management in global supply chains. Mathematical model of delivering special categories of goods by road is a key element of these principles. The article analyzes the existing studies on solving the problem of cargo delivery in various aspects. It was noted that the greatest attention is paid to legal regulation, last mile delivery, optimization of routes and delivery schemes, information support, technological innovations, cluster routing, etc. In the developed mathematical model a minimum of total costs of forming loading units and freight shipments was defined as the criterion of optimality of organizing delivery by motor transport. The authors propose the creation of logistics clusters allowing the integration of urban transport flows and global supply chains.