• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.109-132
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• 2019

Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.36 no.1
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• pp.120-128
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• 2018

The purpose of this study is to establish basic data for the continuous protection management policy of domestic natural world heritage and mixed world heritage, and to examine the present situation and characteristics of the protection management according to the World Heritage Convention on the World Heritage listed Huangshan. The results of this study are as follows. First, Huangshan began to be protected by the establishment of the Huangshan Construction Committee in 1933, and after the designation of national park in 1982, laws and regulations were established in the central ministries, And various projects related to utilization have been implemented. Secondly, the establishment of the boundary for protection was actively intervened by the central government, such as the reorganization of the boundary of Huangshan through the administrative district plan. In order to protect the ecological and landscape value as well as the cultural factor, And designated a heritage designated area. Third, the protection management of Huangshan was divided into four major stages. The first phase was divided into the period when administrative measures were taken to manage the protection of Huangshan. The second phase was designated as a national park in Huangshan. The third period was the time of the protection-oriented project according to the recommendation of the international organizations after the World Heritage listed. The fourth period was the expansion of the tourism industry for the continuous use of protection of Huangshan city, My preservation business was being implemented. Fourth, Huangshan is managed by the central government and the city government. Huangshan, which is a mixed heritage, is managed jointly by the Ministry of Cultural Heritage Administration and the Ministry of Natural Heritage Administration. The protection and management of Huangshan promoted the efficiency and expertise of the heritage-related work through the establishment of the administrative unit-specific management system, and the local governments were entrusted with the authority to implement the protection management policies that meet local characteristics. Fifth, the preservation area of Huangshan has been destroyed by the development policy centered on the mountain. In addition, according to the operation of accommodation facilities, there are problems such as sewage, garbage disposal, and environmental pollution caused by tourists, and the damage caused by pests and diseases in planted plantations around the area and changes in ecosystem due to the composition of cable cars. Sixth, for the continuous protection of Huangshan, strict regulations on new construction, extension and management of accommodation are required, and it is necessary to install facilities to limit and control the number of visitors.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.3
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• pp.1-11
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• 2013

This study investigated Chinese Laws on the kind of urban green spaces and the legal requirements for the green spaces of urban habitat and analyzed the specificities of them intending to provide basic data to suggest bringing in or not the relevant Chinese Laws to Korea. This study can be summarized as follows: First, the concept of Chinese urban green spaces(g.s.) classified by 5 kinds(park g.s., production g.s., protection g.s., attachment g.s., the others g.s.) placed the park and green spaces in the same category unlike the Korean urban green spaces that only distinguishes between park and green spaces. The Chinese Urban Park is classified by 4 kinds(composite park, community park, special park, linear park) at the 'Standard for urban green spaces classification' which is below in rank of the legal system. Second, in case of calculation for green spaces ratio of urban green spaces in China, the green rooftop landscaping area should not be included as a green spaces area except the rooftop of a basement or semi basement building to which residents have easy access. The green spaces requirements and compulsory secure ratio by 3 habitat kinds(habitat, small habit, minimum habitat) of when to act as a residential plan is regulated. Third, the green spaces system is obligated to establish at habitat green spaces plan and is specified to conserve and improve existing trees and green spaces. The green spaces ratio on reconstruction for old habitat is relaxed to be lower than for new habitat and a gradient of green spaces is peculiarly clarified. The details and requirements for establishment and the minimum area intending for each classes of the central green spaces(habitat park, children park, minimum habitat's green spaces) are regulated. Especially at a garden style of minimum habitat's green spaces, intervals between the south and north houses and a compulsory security for green spaces area classifying into two groups(closing type green spaces and open type green spaces) by a middle-rise or high-rise building are clarified. System of calculation for green spaces area is presented at a special regulation. Fourth, a general index(area/person) of public green spaces within habitat to achieve by 3 habitat kinds is determined, in this case, the index on reconstruction for a deterioration zone can be relaxed to be lower to the extent of a specified quantity. A location and scale, minimum width and minimum area per place of public green spaces are regulated. A space plot principle including adjacent to a road, greening area ratio against total area, security of open space and the shadow line boundary of sunshine are also regulated to intend for public green spaces. Fifth, the minimum horizontal distance between the underground cables and the surrounding greening trees are regulated as the considerable items for green spaces when setting up the underground cables. The principle to establish green spaces within public service facilities is regulated according to the kind of service contents. It shall be examined in order to import or not the special regulations that only exist in Chinese Laws but not in Korean Laws. The result of this study will contribute to gain the domestic landscape architect's' sympathy of the research related to Chinese urban green spaces laws requiring immediate attention and will be a good chance to advance into the internationalization of Korean Landscape Architectural Laws.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.55-71
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• 2013

By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

• Journal of Intelligence and Information Systems
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• v.26 no.3
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• pp.109-125
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• 2020

The Ministry of National Defense is pushing for the Defense Acquisition Program to build strong defense capabilities, and it spends more than 10 trillion won annually on defense improvement. As the Defense Acquisition Program is directly related to the security of the nation as well as the lives and property of the people, it must be carried out very transparently and efficiently by experts. However, the excessive diversification of laws and regulations related to the Defense Acquisition Program has made it challenging for many working-level officials to carry out the Defense Acquisition Program smoothly. It is even known that many people realize that there are related regulations that they were unaware of until they push ahead with their work. In addition, the statutory statements related to the Defense Acquisition Program have the tendency to cause serious issues even if only a single expression is wrong within the sentence. Despite this, efforts to establish a sentence comparison system to correct this issue in real time have been minimal. Therefore, this paper tries to propose a "Comparison System between the Statement of Military Reports and Related Laws" implementation plan that uses the Siamese Network-based artificial neural network, a model in the field of natural language processing (NLP), to observe the similarity between sentences that are likely to appear in the Defense Acquisition Program related documents and those from related statutory provisions to determine and classify the risk of illegality and to make users aware of the consequences. Various artificial neural network models (Bi-LSTM, Self-Attention, D_Bi-LSTM) were studied using 3,442 pairs of "Original Sentence"(described in actual statutes) and "Edited Sentence"(edited sentences derived from "Original Sentence"). Among many Defense Acquisition Program related statutes, DEFENSE ACQUISITION PROGRAM ACT, ENFORCEMENT RULE OF THE DEFENSE ACQUISITION PROGRAM ACT, and ENFORCEMENT DECREE OF THE DEFENSE ACQUISITION PROGRAM ACT were selected. Furthermore, "Original Sentence" has the 83 provisions that actually appear in the Act. "Original Sentence" has the main 83 clauses most accessible to working-level officials in their work. "Edited Sentence" is comprised of 30 to 50 similar sentences that are likely to appear modified in the county report for each clause("Original Sentence"). During the creation of the edited sentences, the original sentences were modified using 12 certain rules, and these sentences were produced in proportion to the number of such rules, as it was the case for the original sentences. After conducting 1 : 1 sentence similarity performance evaluation experiments, it was possible to classify each "Edited Sentence" as legal or illegal with considerable accuracy. In addition, the "Edited Sentence" dataset used to train the neural network models contains a variety of actual statutory statements("Original Sentence"), which are characterized by the 12 rules. On the other hand, the models are not able to effectively classify other sentences, which appear in actual military reports, when only the "Original Sentence" and "Edited Sentence" dataset have been fed to them. The dataset is not ample enough for the model to recognize other incoming new sentences. Hence, the performance of the model was reassessed by writing an additional 120 new sentences that have better resemblance to those in the actual military report and still have association with the original sentences. Thereafter, we were able to check that the models' performances surpassed a certain level even when they were trained merely with "Original Sentence" and "Edited Sentence" data. If sufficient model learning is achieved through the improvement and expansion of the full set of learning data with the addition of the actual report appearance sentences, the models will be able to better classify other sentences coming from military reports as legal or illegal. Based on the experimental results, this study confirms the possibility and value of building "Real-Time Automated Comparison System Between Military Documents and Related Laws". The research conducted in this experiment can verify which specific clause, of several that appear in related law clause is most similar to the sentence that appears in the Defense Acquisition Program-related military reports. This helps determine whether the contents in the military report sentences are at the risk of illegality when they are compared with those in the law clauses.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Journal of Navigation and Port Research
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• v.32 no.5
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• pp.415-423
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• 2008

The purpose of this study is to show a course development of the marine leisure sport policy in Korea. The preceding researches and the analysis on the actual conditions on marine leisure sport in Korea were conducted for this research. And analyzing the obstacle and development factors in marine leisure sport, the conclusions intended to provide the preliminary data on the marine leisure industry are as follows: First, as policy-based problems, there will be needs for the public perception improvement in the marine culture caused by the lack of publicity, the reflection reinforcement of the national policy on the marine leisure industry, the prevention of the overlapping investment for the national resources development in the marine industry and marine leisure sport complexes, and the reinforcement of the close networks with the developed countries. Second, as human-based problems, there will be needs for the new organization of the specialty agencies involved in the marine leisure industry field, the nurture of the capable specialists and the reinforcement and nurture of TF team for the infrastructure industry. Third, as facility-based problems, there appeared to be the expansion of the SOC related to the marine leisure, the ease of the laws and regulations for the development of the marine leisure facilities, the prevention of the thoughtless development caused by close cooperation system with the local government. Fourth, as law and institution-based problems, there appeared to be the abolishment of the regulation-centered laws involved in them, the prevention of the legal and institutional confusion caused by policy confusion. Fifth, as industry-based problems, there must be the expansion of the domestic supply and demand, the reinforcement of parts industry and the nurture of the license system for the mechanics on the vessels and the engines.

• Korean Journal of Construction Engineering and Management
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• v.7 no.1 s.29
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• pp.119-127
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• 2006

On December, 1996, the Ministry of Construction and Transportation published Construction Management Service in Construction Industry Basic Act. CM service has been adopted in Korean construction market for ten years by now, however there was no significant change in the construction industry from adoption of CM service. The CM service results aggregated by PCM, from 1997 to 2004, show that CM service adopted projects were 324 in total and the total contract amount was 260million US dollars. These results tell us that adoption of CM service in Korean construction industry is not successful. The research is to survey the factors and the limitations affecting on poor adoption of CM service and to propose the improving strategies on that matter. Therefore, this paper analyzes former papers, laws and regulations on CM and CM service results from PCM as well. From the analysis, we found conflicts in between the laws such as different rules on same matter or missing significant policies in their provisions. Also, problems of industrial organization was found such that the public sector seldom adopts CM service due to their embeded CM function.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.