• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.189-197
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• 2022

It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

• Health Policy and Management
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• v.9 no.3
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• pp.129-148
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• 1999

This study was performed to investigate contents of affairs and job satisfaction of sanitary officials at sanitary department and health center. and to assess attitude about transfer of sanitary affairs control to health center and to devise Improving program of sanitary affairs. Four-hundred and fifty-five sanitary officials were sent a postal questionnaire and eighty-four percent completed and returned the questionnaire (382 persons). The major results are as follows: The major sanitary affairs performed by sanitary officials were permission and filing of restaurant business (15.1%), supervision and regulation of that (14.4%). Sanitary officials answered that supervision and regulation of insanitary and/or subquality foods, planning of food sanitary administration, and permission and filing of restaurant business were their important affairs. They replied that the most serious problem of sanitary affairs was 'lack of contribution to the public health' (40.9%), 'putting first in supervision' (26.4%), and 'lack of personnels' ( 19.1 %), and the most important thing to improve sanitary affairs was the substantial inherent affairs. And they indicated that the agency to be desired for sanitary affairs control was the sanitary department (51.6%), the health center (25.4%), For the degree of satisfaction in affairs, 29.1% of sanitary officials felt proud, 59.6% felt overwork, 59.3% hoped transferring to other worksite and the major reason of transferring was lack of promotion opportunity in officials of sanitary department. disciplinary punishment and social corrupt view in officials at health center. The 41.1 % of sanitary officials at sanitary department didn't know that sanitary affairs had been stated as affairs of the health center in Community Health Act. After transferring affairs control to the health center, 14.4% of them felt more proud of affairs but 20.0% less proud. 23.2% more satisfactory but 22.4% more dissatisfactory. and 64.8% answered that sanitary affairs did not change. The results indicate that sanitary affairs should be changed to supervise and control insanitary and/or subquality foods, so that they play an important role at health promotion, and make sanitary officials feel proud at their own work.

• Korean Security Journal
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• no.20
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• pp.365-392
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• 2009

The increased concern about national security in the U.S. after the 9/11 terrorist attacks has influenced public rights of access to government information and its legal foundation, the Freedom of Information Act (FOIA). Public access to government information has been restricted at the policy level by a series of legislative and executive changes in FOIA after September 11, 2001, but the examination of statistics on FOIA implementation between fiscal years 1999 and 2004 shows that the strengthened national security measures did not have a considerable impact at the implementation level during this period. These contrasting findings might be due to the public officials' informal reaction to the criticism of the restriction on public access, bureaucratic inertia, and the use of new record categories not subject to FOIA.

• Journal of Digital Convergence
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• v.11 no.6
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• pp.23-42
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• 2013

Congress enacted the sex offender registration and notification act in order to prevent sexual offenses and protect public safety in the U.S.. Namely, in 2006, the Jacob Wetterling Act and Megan's Law were integrated into the Adam Walsh Child Protection and Safety Act as a comprehensive sex offender supervision and management scheme. The AWA aims to eliminate loopholes and gaps formed by inconsistent state laws and statutes as well as to provide the federal standards for sex offender registration and notification. However, the AWA contains over-inclusive sex offender registration requirements and punishments. For this reason, the implementation of the AWA may cause problems for states, sex offenders, and citizens, both as taxpayers and as beneficiaries of the AWA. Therefore, the AWA that does not differentiate between violent and non-violent offenders should be reformed to allow law enforcement officials to focus on sex offenders convicted of violent and heinous crimes. That is, the AWA should not apply to sex offenders who are not dangerous, not likely to recidivate, and who committed non-violent crimes. In addition, because the AWA requires juvenile offenders to registrate on public notification forums, it may result in a greater risk to community safety and potential risk of reoffense. Accordingly, juvenile offenders convicted of non-violent sex offenses and not likely to recidivate will be provided appropriate treatments to be rehabilitated as members of community.

• The Korean Journal of Archival Studies
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• no.11
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• pp.15-40
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• 2005

'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• The Korean Journal of Archival Studies
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• no.21
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• pp.323-353
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• 2009

This study examines current states of Professionals of records management after "Records Management of public instituition Act(공공기관의 기록물 관리에 관한 법률)" was enacted in 1999. The law forced to arrange records manager in Records Center. However the hire of Professionals of records management became in earnest in 2005. Records Manager among the research officials was established in 2005 February in the Participatory Government. Because of this regulation, in 2005 July, Professionals of records management were arranged in each of 45 central department for the first time. Going through many trial and error, Professionals of records management contributed to systemizing record management of center department and office. According to "Public Records Management Act(공공기록물 관리에 관한 법률)" totally revised in 2007, sixteen major cities and its public office of education decided to employ Professionals of records management until the end of 2007. In addition, minor cities which consists of people over 150,000 and public office of education which consist of the number of students over 70,000 are supposed to have Professionals of records management until 2008, but it is not accomplished yet. Furthermore, when recruiting professionalists of records management, it is necessary to employ not as a contract or a part-time employee or but as a regular or a full-time worker. Especially, if the specialists of record management were employed as a part-time employee, they would not concentrate on their work because of their unstable social positions. It means that changes from a contract worker to a regular employee are needed without further delay. At first, records managers who were recruited at the Central Department in May 2007 had various kinds of difficulties and experienced trial and error. These days, however, they show their expertise with finding their own works. Someday in Korea, the records manager is expected to be a professional career with their know-hows and active movements.

• Journal of the Korean Institute of Landscape Architecture
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• v.44 no.2
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• pp.130-142
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• 2016

After the revision of the Urban Park Act in 2005, historical parks emerged in Korea to promote the preservation of historical heritage while also offering recreation and education to ordinary citizens. It is now time to examine the characteristics of domestic historical parks by examining their current operational conditions, and seek appropriate institutional improvements. By studying the characteristics of historical parks in various countries, as well as the trends in the designation and development of domestic historical parks, this study attempts to examine the function and role of historical parks, and seeks a direction for future action. Through its literature review, this study also examines the current state of historical parks through cooperation with relevant public officials and experts. The results of the study show that, despite historical resources being concentrated in sites dating to the Joseon Dynasty, they also include heritage pertaining to persons, events, and places. There is also a trend toward increasing the focus on modern heritage. Historical parks show differences across existing cities and new towns, as well as between major cities and provincial cities. Provincial cities showed a recent trend of using historical parks as important resources for strengthening their economics and solidifying their identities. Also, there are many cases where the designated category for a park is changed to a historical park. In such cases, there may be a problem where certain functions of the park run into conflict. Domestic historical parks can be divided into four categories: heritage parks, memorial parks, historical theme parks, and historic parks. Such detailed classification schemes may serve as the strategic foundation for later conservation and usage of historical heritage, as well as a standard for suggesting concrete direction in the operation of historical parks.