• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.83-124
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• 2015

Currently, infertility and artificial insemination have increased. However, there is no detailed legislation about this. In this study, I'll consider the legal status of artificial insemination child. Through the examination of the overseas legislation, we may get the reference of the future legislation. If we consider the increasing of infertility, artificial insemination should be allowed. And due to the well-being of artificial insemination child, such as the United States and France, the artificial insemination child should be regarded the legal child of the infertile couples. When the contradiction between the subject's basic rights has occurred, we need to consider the welfare of the child preferentially. Because the artificial insemination child has no selection of opportunity in birth, unlike adults who select the artificial insemination in their own free will. The development of biotechnology should be for the treatment of human. But creation and improvement of human must be prohibited. In addition, the social investigation of recognition about A.R.T. and general public administrative legal regulation should be made. There is a need for balanced discipline through a multi-disciplinary research. This study may be providing a legal interpretation criteria of other biotechnology researches.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Convergence Security Journal
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• v.13 no.2
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• pp.33-43
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• 2013

The Private Security Industry of Korea began after served security service for the United States army of 8 division. The industry grew up after establish private security regulation on December 31th of 1976. Early 1980's the industry was accelerated from bringing technical knowledge of developed nations rapidly. Also, private security was gotten into the spotlight by one of futurity industry instead public security after companies performed 86 Asian game and 88 Seoul Olympic successfully. Therefore, the industry became to increase qualitatively and quantitatively. From late 1990's the private security regulations were revised fifteen times and created about education system, bodyguard, and leader of security. 3,836 private companies and 150,030 private guards had operated until 2012. However, some of companies received administrative measure, because of the companies ran immorally. The minor companies are continuously closed down from the leader's inefficient operation. Approval standard of establishment has imperfect law. Solutions of problems are to provide high quality service, to expand company affairs, to attract specific customers through efficiency expert, to change standard of leader of security guards, to establish security education institution through the government and to intensify requirements to establish the company.

• Korean Security Journal
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• no.42
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• pp.229-249
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• 2015

As the post-cold war era and globalization go on, national security problems which were not traditional national security problems such as terrorism, crime, environmental disasters, economic crises, cyber-terrorism, diseases, and energy problems threat humanity and nations and demands changes. Also, with the change, the concept of "big government" has emerged as the role of nation expanded. The modern society sees every country change from small government to big government in order to realize the establishment of welfare state. A comprehensive interpretation of security is needed in order to comprehensive protection of citizens beyond outside invasion such as crime, new disaster, terrorism. In Korea, incidents such as Cheonan-Ham, Yeonpeyong-Do, foot-and-mouth disease, Ddos terrorism, pirates hostages, mad cow disease, AI are happening and the humanitarian support for North Korea and the summit of South and North Korea are at a standstill. Also, National emergency management system, comprehensive emergency management center, countrol tower, national security system, cooperation with citizens, establishment of legal and institutional system are needed. The importance of this research is on the reestablishment of new national security and emergency management system according to the comparison between the national security and counter-terrorism system of Korea and that of the United States which is a leading country in this field. Also, the establishment of national emergency management act is needed as a statute for effective function as currently various laws and administrative organizations are dispersed.

• The Korean Journal of Archival Studies
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• no.59
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• pp.159-206
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• 2019

This study aims to analyze the details of the executive order of the president of the United States, which have been developed in the country's administrative system to institutionalize the guarantee of the people's right to know the classified records, as well as to protecting national secrets. This study also aims to present any implications for the development of the classified record management system of Korea. To this end, the previously issued EO concerning the classified records management were reviewed in terms of its classification, safeguard, and declassification. The analysis results showed that the EO by the president established and prescribed the special access program for national secrets, the system to exempt and suspend the automatic declassification, and the sanctions for protecting national secrets. The EO also established and prescribed the appointment system for the person with the authority to classify record, automatic declassification program, and Mandatory declassification review system, as well as the procedures for historical researcher and certain former government personal to access the classified records with the purpose of guaranteeing people's right to know. As a result, this study identified implications for the development of Korea's classified record management system, as follows : First, it is necessary to restructure the current classified record management system, by changing the operations that is dependent on the director of the National Intelligence Service to the one that is dependent on the President. Second, it is necessary to legislate a separate special law for the classified record management system. Third, a standing supervisory body should be established for the integrated management and for the consistent and routine supervision of the classified record management. Fourth, it is necessary to establish procedures to further review the classification of classified record to correct the defects of the current classification system, which has been abused and mismanaged by the national agencies and organizations that produce classified record.

• Journal of Cadastre & Land InformatiX
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• v.51 no.2
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• pp.51-72
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• 2021

The purpose of this study is to explain the types and causes of errors in zoning data that occur in the topographic map notification procedure, and to prepare a data maintenance plan. In Korea, like the United States, law-based land use regulation is dominant. In other words, according to the land use regulation method in the Act, the government designates zoning for all lots in the country, and landowners check the land use regulations of their land through the Korea Land use Information System. The land use plan confirmation document is important land information that affects the results of administrative dispositions such as land transactions between individuals or permission for development activities. However, there are data errors that occur during the current topographic map notification procedure and data construction process. Therefore, four local governments that can verify data by type were selected in consideration of local government conditions. A number of errors are first, errors in data construction and management in the Korea Land use Information System, and second, errors in lack of expertise that occur while the local government officials maintain data. Third, it was analyzed as an error from the relationship between the serial cadastral map and the zoning DB. Based on the above results, it is hoped that the results of this study will be reflected in the establishment of the KLIP and the reform of the legal system, which is currently underway after the establishment of the 「3rd the Korea Land use Information System Construction Plan」.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.329-341
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• 2020

As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.