• Journal of the Korean BIBLIA Society for library and Information Science
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• v.30 no.2
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• pp.211-243
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• 2019

According to article 11 of the Public Records Management Act of Korea, metropolitan city, special self-governing city, province or special self-governing province should establish archival institutions for permanent preservation and management of records. As a result, the establishment and operation of archival institutions in Korea has been increase, but since it is still in the stage of introduction, the mission and role of these archives have not been specified by archives act. Therefore, we need to establish a proper legal basis to support it. To do this, it explores the archives act in China, Russia and Germany in terms of basic operational policy, collection and transfer of records, management of records, and service of records. As a result, the study presents some implications for the archives act for the management of archives in Korea.

• 지역과문화
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• v.8 no.4
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• pp.23-42
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• 2021

This article examines the legal measures to establish the financial independence of the Local Cultural Centers(LCCs) by the revision of Promotion of Local Cultural Centers Act(PLCC Act) to allow profit-making activities of LCCs. For the past 70 years, LCCs have been the core of local culture, but they have not been financially independent and have survived through government subsudues and support funds. Its weak financial structure that depends on the subsidies makes it difficult to carry out the essential business and threatens sustainability. Legally, LCCs are special corporations which established in accordance with the PLCC Act, and their legal status and functions are stipulated in accordance with the laws governing their establishment. The current PLCC Act does not stipulate that the LCC may conduct profit-making business other than the essential business. However, compare to the other special corporations which established by their own legislatives, it is understood that the PLCC Act can also provide regulations related to the profit business of LCCs. This article presents legal drafts for PLCC Act and suggests other necessary discussions for financial independence of LCCs.

• Journal of the Korean Institute of Educational Facilities
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• v.26 no.2
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• pp.11-18
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• 2019

There is a growing demand for public kindergartens due to the problem of private kindergartens. However, when the kindergarten is built in the residential land development area, the cost of purchasing the land increases, and the overall project cost is increasing. This situation puts a lot of burden on educational finances. Therefore, to reduce the cost of establishing a kindergarten, it is required to revise related laws including act on the special cases concerning the procurement, etc. of school sites. The purpose of this study is to propose the revised laws to expand public kindergartens. In this study, the present situation of infants and kindergartens was analyzed through policy data and statistics. And the analysis of the investment evaluation data also analyzed the problems in establishing kindergarten. In addition, we conducted surveys and FGI analyzes on school sites and kindergarten related laws and regulations. Finally, this study aims to find a way to amend related acts of urban and architectural Planning for Invigoration of Public kindergarten establishment by analysis data.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.24 no.1
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• pp.91-102
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• 2014

Objectives: This study was performed in order to devise a procedure for supplementing the Special Management Materials in the Occupational Safety and Health Act and recommend candidate materials. The results are expected to be used as fundamental data for classification and criteria necessary to manage Special Management Materials in workplaces. Also, they are expected to be used as a basis for selecting target materials to nominate as additional Special Management Material. Methods: We investigated the selection standards for candidates and review ranges of data sources to nominate Special Management Materials. The substances classified as GHS(Globally Harmonized System of classification and labeling of chemicals) category 1A(known to have carcinogenic potential and reproductive toxicity for humans) or 1B(presumed to have carcinogenic potential and reproductive toxicity for humans) carcinogens and reproductive toxicants among the Controlled Hazardous Substances of the Regulation on Occupational Safety and Health Standards and substances with OELs(Occupational Exposure Limits) were inspected as the candidates for Special Management Materials. Conclusions: A seven-step procedure for selecting candidates to designate as Special Management Materials was suggested, including the setting of target chemicals for evaluation, classification of CMR(Carcinogens, Mutagens or Reproductive toxicants) by GHS classification and criteria, suggestion and selection of the candidates, and more. This study recommends 58 chemicals as qualified candidates to supplement the Special Management Materials.

• 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.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.97-118
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• 2022

The use of diagnostic radiation in medical institutions is rapidly increasing. Accordingly, the collective effective dose is on the rise every year. Therefore, it is necessary to reduce the radiation exposure of the person undergoing the radiation examination as low as reasonably achievable. And we must establish a legal system to perform the safe management of radiation for diagnosis efficiently. In this way, I went over the problems of the Act and Subordinate Statutes regarding radiation safety management for diagnosis. As a result, the main contents are as follows. First, in the 「Medical Service Act」, there is no basis for the Safety Inspection Institute of Radiation and Radiation Exposure Measuring Institutes. And there are no provisions concerning delegation of administrative disposition. Therefore, it is necessary to secure legal justification by providing the basis for the Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes and the basis for administrative dispositions against these institutions in the 「Medical Service Act」. Second, the 「Rules on the Installation and Operation of Special Medical Equipment 」 should be integrated with the 「Rules on the Safety Management of Radiation Generators for Diagnostics」 to unify administrative procedures such as reporting for radiation special medical equipment for diagnosis. Third, in the case of violating the diagnostic radiation safety management standards in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」, it is necessary to supplement the insufficient sanctions such as administrative disposition. Fourth, regulating diagnostic radiation and therapeutic radiation used in medical institutions with the dual legal system of the 「Medical Act」 and the 「Nuclear Safety Act」 is not efficient in the safety management of diagnostic radiation. Therefore, it is necessary to uniformly regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in the 「Medical Service Act」 system.

• Journal of Korean Society for Atmospheric Environment
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• v.24 no.1
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• pp.108-121
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• 2008

On January 1, 2005, the Korean Ministry of Environment put into operation a comprehensive program, so called 'Blue Sky 21' project, for the improvement of air quality in greater Seoul metropolitan area. This program was legally based on the 'Special Act on Metropolitan Air Quality Improvement' for Greater Seoul area, which was established in 2003, and should be updated every 10 years. The principal objective of this program is to improve the air quality in Seoul and surrounding area by 2014 to the levels of air quality in Tokyo and Paris, with particular emphases on reducing the concentrations of nitrogen dioxide and $PM_{10}$. Any regulation of the emission of toxic air pollutants in general, and $NO_2$ and $PM_{10}$ in particular, should be based on human exposure levels and consequential health effects. In this article, the contents and feasibility of the special program were critically evaluated with respect to the reduction of health risks. Important issues for improving not only air quality but public health are discussed, and future requirements for the success of the special program are suggested.

• Journal of Environmental Impact Assessment
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• v.4 no.2
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• pp.1-7
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• 1995

• Korean Architects
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• s.533
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• pp.82-83
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• 2013

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.