• Title/Summary/Keyword: laws & regulations

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A Study on Systematizing Production and Access of the Public Institution's Conference Records -Focused on The Government in the Sunshine Act in USA - (공공기관의 회의록 생산·공개 제도화 연구 -미국의 회의공개법에 대한 분석을 중심으로-)

  • Byon, Ju-yon
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.203-245
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    • 2008
  • Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

A Study on Exchange and Cooperation between South and North Korea through UNESCO Intangible Cultural Heritage of Humanity : Focusing on joint nomination to the Representative List (인류무형문화유산 남북 공동등재를 위한 교류협력방안 연구)

  • Song, Min-Sun
    • Korean Journal of Heritage: History & Science
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    • v.50 no.2
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    • pp.94-115
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    • 2017
  • 'Arirang folk song in the Democratic People's Republic of Korea' was inscribed to the Representative List of the Intangible Cultural Heritage of Humanity in 2014 and 'Tradition of kimchi-making in the Democratic People's Republic of Korea' followed in 2015. It is presumed that North Korea was influenced by the Republic of Korea inscribing 'Arirang, lyrical folk song in the Republic of Korea' to the list in 2012 as well as 'Kimjang, making and sharing kimchi in the Republic of Korea' in 2013. These cases show the necessity (or possibility) of cultural exchanges between the two Koreas through UNESCO ICH lists. The purpose of this article is to explore the possibility of inter-Korean cultural integration. Therefore, I would like to review UNESCO's ICH policy and examine the ways of cooperation and joint nominations to the Representative List of Intangible Cultural Heritage of Humanity between the two Koreas. First, I reviewed the amendments to the laws and regulations of the two Koreas and how the two countries applied the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. Although the cultural exchange is a non-political field, given the situation between South and North Korea, it is influenced by politics. Therefore, we devised a stepwise development plan, divided into four phases: infrastructure development, cooperation and promotion, diversification, and policymaking and alternative development. First a target group will be needed. In this regard, joint nominations to the Representative List of the UNESCO Intangible Cultural Heritage of Humanity will be suitable for cooperation. Both countries have already started separate nominations on shared ICH elements to the UNESCO lists. Therefore, I have selected a few elements as examples that can be considered for joint nominations. The selected items are makgeolli (traditional liquor), jang (traditional soybean sauce), gayangju (homebrewed liquor), gudeul (Korean floor heating system), and jasu (traditional embroidery). Cooperation should start with sharing information on ICH elements. A pilot project for joint nomination can be implemented and then a mid-term plan can be established for future implementation. When shared ICH elements are inscribed on UNESCO ICH lists, various activities can be considered as follow-ups, such as institution visits, performances, exhibitions, and joint monitoring of the intangible cultural heritage. Mutual cooperation of the two Koreas' intangible cultural heritage will be a unique example between the divided countries, so its value will be recognized as a symbol of cultural cooperation. In addition, it will be a foundation for cultural integration of the two Koreas, and it will show the value of their unique ICH to the world. At the same time, it will become a good example for joint nominations to the Representative List recommended by UNESCO.

A Study on the Thermal Conductivity Measurement for Planting Mats of Landscaping (조경용 식생매트의 열전도율 측정에 관한 연구)

  • Cha, Uk Jin;Yang, Geon Seok
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.6
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    • pp.85-96
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    • 2018
  • Developed nations have implemented various policies to reduce greenhouse gases since the 1997 Kyoto Protocol in order to minimize the effects of global warming. Korea should also reduce energy consumption in the industrial sector, and the transportation and building sectors in order to achieve its greenhouse gas reduction target of 37 percent compared to the Business As Usual levels. The government implements various laws and regulations for reducing energy consumption. To reduce energy consumption in the building sector, in particular, the Energy Conservation Design Standards are enforced according to the 'Enforcement Support for Green Building Construction'. The amount of electricity used to maintain room temperature at $28^{\circ}C$ in these buildings have a 30% reduction (measured on the walls and rooftop) in power usage compared to buildings not required to meet these standards. Although the effect of these energy savings on landscaping is proven, this demonstration is not effective for energy saving since it is not a suitable method for the 'Energy Saving Design Standards of Buildings'. For landscaping to be effective as far as a component of energy reduction, the perfusion rate of the building should be calculated based on the thermal conductivity of the component materials for the energy saving designs with respect to the basis of Article 14 of the Green Building Act. Therefore, the purpose of this study is to ensure that the planting-based mats currently being widely used in the landscape industry can have insulating performance suitable for the 'Energy Saving Design Standards' of Buildings according to the 'Enable Green Building Construction Methods'.

Understanding the Access and Benefit-Sharing of Genetic Resources for Environmental Ecology Researchers (나고야의정서 이행에 따른 ABS 체계의 이해와 환경생태분야 연구자의 대응방안)

  • Lee, Jonghyun;An, Minho;Chang, YounHyo
    • Korean Journal of Environment and Ecology
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    • v.35 no.4
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    • pp.336-346
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    • 2021
  • The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

The Fiduciary Duties of Doctor in Clinical Trials (임상시험에서 의사의 선량한 관리자의 주의의무)

  • Lee, Jiyoun
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.163-207
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    • 2020
  • Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

Analysis of Munitions Contract Work Using Process Mining (프로세스 마이닝을 이용한 군수품 계약업무 분석 : 공군 군수사 계약업무를 중심으로)

  • Joo, Yong Seon;Kim, Su Hwan
    • Journal of Intelligence and Information Systems
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    • v.28 no.4
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    • pp.41-59
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    • 2022
  • The timely procurement of military supplies is essential to maintain the military's operational capabilities, and contract work is the first step toward timely procurement. In addition, rapid signing of a contract enables consumers to set a leisurely delivery date and increases the possibility of budget execution, so it is essential to improve the contract process to prevent early execution of the budget and transfer or disuse. Recently, research using big data has been actively conducted in various fields, and process analysis using big data and process mining, an improvement technique, are also widely used in the private sector. However, the analysis of contract work in the military is limited to the level of individual analysis such as identifying the cause of each problem case of budget transfer and disuse contracts using the experience and fragmentary information of the person in charge. In order to improve the contract process, this study analyzed using the process mining technique with data on a total of 560 contract tasks directly contracted by the Department of Finance of the Air Force Logistics Command for about one year from November 2019. Process maps were derived by synthesizing distributed data, and process flow, execution time analysis, bottleneck analysis, and additional detailed analysis were conducted. As a result of the analysis, it was found that review/modification occurred repeatedly after request in a number of contracts. Repeated reviews/modifications have a significant impact on the delay in the number of days to complete the cost calculation, which has also been clearly revealed through bottleneck visualization. Review/modification occurs in more than 60% of the top 5 departments with many contract requests, and it usually occurs in the first half of the year when requests are concentrated, which means that a thorough review is required before requesting contracts from the required departments. In addition, the contract work of the Department of Finance was carried out in accordance with the procedures according to laws and regulations, but it was found that it was necessary to adjust the order of some tasks. This study is the first case of using process mining for the analysis of contract work in the military. Based on this, if further research is conducted to apply process mining to various tasks in the military, it is expected that the efficiency of various tasks can be derived.

Theoretical Study on Modeling Success Factors of Overseas Agricultural Startups (해외 농업스타트업 성공요인 모델링에 관한 이론적 고찰)

  • Jinhwan, Park;Sangsoon, Kim
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.1
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    • pp.85-106
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    • 2023
  • This study reviewed and derived the success factors of overseas agricultural startups and studied their integrated research model. Agricultural startups and general startups have in common that poor resources and infrastructure exist from a resource-based perspective after startup, but a differentiated approach from general startups is required due to the nature of the primary industry of agriculture. In this study, we approach the company internal factors (human resources/vision/distribution network capacity/capital capacity/cultivated crops/physical resources/farming technology, etc.) and external factors (agricultural infrastructure/laws/regulations/relationship with surrounding society, etc.) We tried to build a research model that can be integrated by focusing on various existing research models, success factors, and entrepreneurship. Through this, it is intended to present an integrated model that is practically helpful to business performance to entrepreneurs, business-related persons, and researchers who need an integrated understanding of agricultural startups at home and abroad. made for purpose In this paper, a standard model was established through three types (existing agricultural startup, small and medium-sized business startup, multinational company, and comprehensive approach) according to size and characteristics for modeling agricultural startup success factors. Through this, a total of 9 success factors (agricultural management, external environment, manager/founder characteristics, corporate identity, business management, organizational culture, infrastructure, commercialization capability, and sustainable growth) were derived. The implication of this study is that the success factors of agricultural startups were comprehensively presented based on 'entrepreneurship' for various domestic and foreign agricultural startup cases. By confirming the systematic categorization, a standard model for future agricultural startup success factors was presented, and as a result, a foundation was presented for systematic research and practical effectiveness of related research in the future.

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Re-evaluation of Cultural Heritage Preservation Committee Activities in 1961 (1961년 문화재보존위원회 활동 재평가)

  • OH Chunyoung
    • Korean Journal of Heritage: History & Science
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    • v.57 no.2
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    • pp.144-166
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    • 2024
  • The Cultural Heritage Committee is an important organization that has been deliberating on important matters related to the preservation of cultural properties in the Republic of Korea for more than 60 years since 1962. The Cultural Heritage Preservation Committee was active in 1961, which was a short period of about a year, but the minutes prepared at the time confirmed that it had the following meanings. First of all, legally, it was meaningful in that the concept of cultural property or intangible cultural property was used for the first time in Korea in laws and regulations on the term of office of professional members. These matters became the basis for the operation of the current Cultural Heritage Protection Act and the Cultural Heritage Committee. The following confirms that, unlike previously known activities, they were active despite political upheaval at the time. In spite of rapid regime change at the time, the committee had no change in its members, and the meetings continued without interruption. At that time, there was an exclusive relationship between different groups in relation to the preservation of cultural heritage, and this relationship was confirmed by the minutes that disappeared with the establishment of the Cultural Heritage Management Bureau, which integrated these groups. Finally, the form of the minutes prepared then shows the form of documentation at the time, where it is confirmed that the traditional documentation format is changing into a new form. It can be good research material in terms of modern and contemporary bibliography. As discussed earlier, the Cultural Heritage Conservation Committee of 1961 has historical significance in terms of legal and actual activities. The reason why the committee's activities were low valued is presumed to be that the minutes and related documents prepared at the time were not organized well due to the lack of a related administrative system. The minutes of the Cultural Heritage Conservation Committee record various facts about cultural heritage policies and decisions at that time. Therefore, analysis and research on these contents can reveal more facts about the cultural heritage policies and perceptions of that time.