• 한국화재소방학회논문지
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• 제22권5호
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• pp.105-111
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• 2008

우리나라의 "제조물책임법" 시행 후 발생할 수 있는 문제점을 보완하기 위해 화재조사 제도의 개선이 요구된다. 본 논문에서는 제조물책임법의 이론적 배경을 바탕으로 현재 시행되고 있는 국내 외 화재조사의 특성을 알아보고 비교하여 경찰화재조사, 소방화재조사, 사설 화재감정의 기관별 화재조사의 목적과 문제점을 파악하였다. 그에 따른 개선방안으로는 첫째, 민간 사설 화재감식, 감정, 해석 업체의 필요성 둘째, 화재조사 제도의 소방, 경찰의 일원화 셋째, 대학에 화재 감정 관련학과 설립과 감정업 자격 제도 신설 등을 제안하였다.

• 무역상무연구
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• 제29권
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• pp.197-223
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• 2006

Uniform Computer Information Transactions Act (UCITA) is the first legislative attempt in the world that deals with transaction of digital information. This however gave rise to endless controversies and as of February 10, 2003, its life as the uniform law has expired. There are four kinds of relationships that UCITA regulates for the entities involved in information trading namely, 1) Relationship between licenser and licensee 2) The triangle relationship between dealers, end-user and publisher 3) Relationship between information right transferor and transferee 4) Relationship between financier, licenser and licensee. Amongst these, the most significant one is the triangle relationship amongst the publisher, commonly known as the licenser in the mass market, end-user and dealer. At the essence of the relationship is that the dealers is liable to refund the payment for the information regarding the end user if he/she does not agree with the publisher on the license of the common market. Looking at the relationship between license transferor and transferee, the transfer of license may be prohibited but the special contract must be conspicuously carried out. The relationship financier, licenser and licensee is unique to the United States and is rather unfamiliar to us. UCITA has been criticized for preferentially protecting the benefits of licensers especially when it comes to the specific regulations for the relationship. Therefore, it is not advisable to blindly accept UCITA regulations. However, UCITA does have components that we can utilize in formulating our own digital information trade regulations, save its proprietary nature as an American law and its preferential treatment for licensers.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.43-69
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• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• 한국컴퓨터정보학회논문지
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• 제23권8호
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• pp.143-149
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• 2018

Recently, President Donald Trump signed FOSTA (Fight Online Sex Trafficking Act) in April 11, 2018, which makes online service no more immune from civil liability for the action of third party facilitating sex trafficking content. Although it is also important to enhance security regulations and cognition on law, but it will be economically more effective to put more energy on preventing recidivism. For John School in Korea, it should increase implementation rate by putting core manpower and budget for preventing needs of sex purchase and then, check operation method and efficacy to improve the actual program. One way is first, empirical analysis and data is required on efficacy of John School program. Second, should have clear definition in Special Sex Trade Law. Third, more strick regulation for selecting participant is required. Fourth, more manpower and budget is required. Fifth, charging the participant for educational fee shall be reviewed. Sixth, educational program should be reviewed. The most important point of education is to make those criminals feel guilty about financially purchasing the sex, basically making them to recognize that it is ethically wrong. However, the current education system contains no clear explanation about the ethical issue of such problem but focusing more on other factors such as sexual disease and structural problem of sexual business. Therefore, this failed to deliver the right psychological training to those criminals without any ethical control. Knowing why women feel hurt when having unwanted sexual relationship by being paid is required part in terms of education for preventing sex trafficking.

• 한국조리학회지
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• 제18권5호
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• pp.176-189
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• 2012

본 연구는 학부모를 대상으로 어린이 식생활 안전관리 특별법에 대한 효과적인 교육 홍보방법을 알아보기 위해 실시되었다. 조사대상자인 학부모는 특별법 주요 문항을 대부분 숙지하고 있는 것으로 조사되었다. 안전한 어린이 기호식품 선택을 위해 가장 중요한 항목은 '어린이 기호식품의 기준 규격을 강화해야 한다'로 나타났다. 어린이 식생활 안전지수 관련 문항은 어린이 식생활 안전분야를 가장 중요하게 생각했고, 전업주부와 핵가족은 어린이 식생활 안전분야를 (p<.01), 대가족은 어린이 식생활 영양분야를 더 중요하게 생각했다. 어린이 식생활 안전관리에 대한 정보취득 경로는 주로 대중매체와 가족 및 친구로 나타났고, 월수입이 높을수록 전문서적을, 30세 이상~50세미만은 대중매체를, 대졸의 경우 시민사회단체를 더 많이 활용하는 것으로 조사되었다(p<.05). 어린이 식생활 안전교육을 받게 될 경우 위생적인 식생활 정보와 가공식품영양표시제정보를 주로 희망하는 것으로 나타났고, 전업 주부는 가공식품영양표시제정보에, 직장인은 위생적인 식생활 정보에 더 많은 관심을 보였다(p<.05). 어린이 식생활 안전관리 특별법을 학부모들에게 알리는 방법에 대해서는 TV, 라디오 등 방송매체를 통한 홍보와 학교 교육을 통한 홍보가 효과적이라고 생각하고 있었다. 연구결과 어린이 식생활 안전에 대한 정보를 얻는 경로와 학부모들이 생각하는 특별법에 대한 효율적 홍보방법으로 대중매체가 영향을 많이 미치고 있는 것으로 나타났으므로 앞으로 어린이 식생활 안전관리 특별법을 홍보하는데 있어서 유의해야 할 부분이라고 사료된다.

• 한국응급구조학회지
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• 제4권1호
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• pp.63-71
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• 2000

Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

• 한국콘텐츠학회논문지
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• 제8권9호
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• pp.139-149
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• 2008

특정직 공무원은 별도의 인사법규를 근거로 일반직과 다른 개별 인사행정을 시행하고 있다. 조직과 임무가 특수한 만큼 일반직에 대한 인사행정을 적용하는 것은 여러 면에서 문제점이 야기될 수 있다. 경찰공무원 역시 특정직으로 타 공직과는 상이한 형태의 인사행정을 시행하고 있다. 그런데 이러한 개별적 인사행정은 많은 장점을 가질 수 있으나 그에 못지않은 단점도 발생할 수 있다. 본 연구에서는 타 공직과 상이하게 운영되고 있는 경찰 근무성적평정 제도의 바람직한 운영을 도모하기 위해 평정결과에 대한 검증절차의 도입을 제안하였다. 다만, 제도시행 초기에는 검증대상을 최종 평정권자로 한정하는 것이 바람직할 것이다.

• International journal of advanced smart convergence
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• 제10권4호
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• pp.117-123
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• 2021

This study aims to analyze working hours of sprinkler heads when a fire occurs at an indoor gymnasium while sprinkler heads are installed in division of standard response type, special response type, and earlier response type. The fire scenario was designed under the assumption that the fire started from overheating of a heater in the indoor gymnasium has transferred on to a couch to spread. The analysis on the operation time of the standard response type sprinkler head, the special response type sprinkler head and the early response sprinkler head was conducted. The result showed that, in case of fire in a gymnasium, the time for opening of the heat sensor due to the heat from the fire varies by the type of the sprinkler head. When a special response type sprinkler is installed, it worked below the assessment standards. When an early response sprinkler head is installed, it worked appropriately according to assessment standards. Based on the results, we found that sprinkler heads will work properly when installed according to design relevant to laws and regulations. This means that there is a limit in installation of sprinkler heads based on the existing law-based design as for indoor gymnasiums. Again, we conclude that if sprinkler heads are installed based on design made through laws and regulations, more time will be needed for operation, making it highly likely to fail to stop a fire at an earlier point of time.

• 한국주거학회논문집
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• 제28권3호
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• pp.45-54
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• 2017

A Special Building Zone, which could relieve or ignore part of the Building Act and the regulations in relevant laws, was practically established for the creation of new urban landscape, the improvement of construction technology, and the improvement of construction-related policy. However, due to the lack of understanding the Special Building Zone as well as the insufficiency of detailed standards in policies, the system currently cannot be operated in universal matters. In such circumstance, this study, which is based on the current data on the Special Building Zone defined in exiting law, attempts to analyze the multi-unit housing that has been planned by the system of Special Building Zone. Also, this study aims to derive the Special Building Zone's possibilities and implications that contribute to the improvement of landscape, so as to suggest solutions for effective improvement of the system. With the results above, solutions for the improvement of the system can be derived and summarized as the following. On the one hand, from 'planning perspective', it is necessary to improve the system in a comprehensive way with consideration of urban and local contexts. On the other hand, from 'procedure perspective', some foundation shall be prepared for a system that can allows comprehensive tasks, including the settlement of the zone, the alleviation/elimination of regulations, the approval of building's construction, the process of construction, and the monitoring.

• 무역상무연구
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• 제41권
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• pp.51-78
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• 2009

The ISP 98 is developed by the American Institute of International Banking Law & Practice in 1998. The ISP98 are also published as ICC Publication No. 590. A detailed commentary on the rules("The Official Commentary on the International Standby Practice") has been written by Professor James E. Byrnes. Presently there is no compelling reason to revise the rules themselves even if ten years is passed since the issuance of ISP98. Insteadthe American Institute of International Banking Law & Practice will provide Model Forms in the early 2009. Special features of the ISP 98 are as the following. Firstly, the ISP 98 is copyrighted by the Institute of International Banking Law and Practice, Inc., and published by the International Chamber of Commerce. Secondly, the ISP 98 differs from UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurees and credit manager, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insovency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. Thirdly, the ISP 98 supplement the UCP if the UCP dose not have the relative rule. Lastly, the ISP 98 has the official commentary. In addition, several provision of the ISP 98 would surprise the commercial parties and/or are rather peculiar, while some of them display a certain bias in favor of the banks.