• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• Korean Journal of Environment and Ecology
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• v.31 no.3
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• pp.329-336
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• 2017

We analyzed the influence of living characteristics as environment related behavior by questionnaire survey analysis. Survey was conducted to 569 people living in Gimhae city, Gyongsangnam-do, Korea. By the results of correlation analysis, items with high levels of practice were related to legal regulations. However, group who are less interested in preserving the environment have lower performance in all aspects of their activities. In the relationship between social characteristics and environment related behavior, residents were generally aware of the practice of detached house dweller group rather than of apartment dweller. As the age increased, have more willing to practice. While the higher levels of education group do not make environment related behave better. However, it seemed that the student group's distinct characteristics was reflected in the education level. As this study, improvement of environmental awareness is needed to improve practice of environment related behavior rather than regal approach. Policy for environment related behavior is necessary to vary the methodology based on analysis of social characteristics, such as gender, residential type and education level rather than generalization.

• Journal of the Korean Society of Radiology
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• v.11 no.7
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• pp.555-564
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• 2017

The current radiation risk assessment for occupational exposure is based on the measured exposure dose and health checkups of workers. This people-centered risk assessment may occur errors because absence of using personal dosimeter or unrelated health symptoms of individuals lead to difficulties in obtaining accurate data from workers. In addition, although the established legal upper dose limit was used as a reference for the assessment, it does not imply that this limit is the optimal dose of radiation workers should get; ALARA principle should always be appreciated. Therefore, a new risk assessment model that can take account of all the important factors and implement optimization of radiation protection is required at the national level. In this paper, based on the KOSHA Risk Assessment, we studied on the workplace-centered risk assessment model for radiation field rather than the people-centered. The result of the study derived a right model for radiation field through the analysis of the risk assessment methods in various fields and also found data acquisition methods and procedures for applying to the model. Multidimensional model centering on the workplace will enables more accurate radiation risk assessment by using a risk index and radar plot, and consequently contribute to the efficient worker management, preemptive worker protection and implementation of optimization of radiation protection.

• Journal of the Korean Institute of Rural Architecture
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• v.16 no.1
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• pp.119-127
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• 2014

This study suggests institutional and methodological approaches for preservation of South Korea's registered cultural properties of modern architecture. The suggested approaches are as follows. First, in order to improve the current registration and preservation system for cultural properties, we need to employ both structure-based classification and style-based classification. Registration criteria for modern architecture properties need to include more detailed classification in terms of their structure: brick structure, steel concrete structure and post lintel structure. In terms of construction style, the properties need to be further classified into the western style, the traditional style and the Korean-western eclectic style. In addition, protection of registered cultural properties need to be achieved through legislation of a protection system. Second, while the current system sets out six methods for preservation of registered cultural properties of modern architecture, more specific preservation methods types and plans need to be continuously introduced. In particular, as for the method of partial preservation, the method needs to be further classified based on the usage of the relevant structure so as to allow for more diverse options. First, the 'Preservation by Interior Alteration' needs to be added to the category, where the exterior is preserved as it is and the interior is preserved through alteration. Also needs to be added the preservation method where the interior space is preserved as it is and the exterior space is altered, in case the finishing materials of the exterior has deteriorated. Third, if the records on registered cultural properties of modern architecture are to provide the functions of legal evidences regarding management of architectural cultural properties, sources of knowledge required for policy making and implementation and past management record for the future, each phase needs to be closely connected in an organic manner, and we need to establish a management system and plan that go beyond the relevant organizations. Fourth, in order to preserve South Korea's registered cultural properties of modern architecture in its original state, it is imperative to prepare separate criteria for registration of technicians with expertise on modern architecture, and train experts and technicians on modern architecture, which is distinguished from the traditional architecture.

• Korean Journal of Agricultural Science
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• v.41 no.3
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• pp.193-203
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• 2014

Natural Monument is a designated cultural property as part of the country. According to Article 2 of the Cultural Properties Protection Act, a national, ethnic and global heritage artificially or naturally formed, with a great historical, artistic, scientific and landscape significance is defined as a cultural heritage. Animals, plants, topography, geology, minerals, caves, biological products and special natural phenomena, having a great of historic, scenic and scientific value, are defined as the monument. According to Article 3 of Cultural Properties Protection Act, the conservation, management and utilization of National Heritage should be kept intact in its original form. So, Natural monuments are managing as retained its original form under the Basic Principles of current law. The highest population of coniferous tree in natural monument plant is ginkgo tree including 22 objects, followed by pines, junipers that order. And in case of broadleaf tree, there are zelkova trees, retusa fringe trees, pagoda trees, cork oaks, silver magnolias and etc. There are many of reported efficacy in available natural monument plants. The efficacy of plant species on pharmaceutical like anti-cancer, anti-diabetic, anti-obesity, antioxidant activity, neuroprotective, improves cholesterol, anti-inflammatory, liver protection and anti-bacterial efficacy, on cosmetics and beauty like the inhibiting formation of skin wrinkles, whitening effect, variety of materials and the efficacy of the proposed utilization of its various papers and etc have been widely reported. Before the Nagoya Protocol enters into force, the future role of the National Research Institute for Cultural Properties Administration of Cultural Heritage should be obtain a legal right to manage the social, cultural and national natural monument with emotional value to the plant genetic resource as a natural monument efficient ways to study and preserve traditional knowledge biological resources by securing a claim to the sovereignty of the material will be ready.

• Korean Security Journal
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• no.61
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• pp.59-85
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• 2019

In the reality that the boundary between the real world and the virtual world disappears with the 4th Industrial Revolution, cyber crimes that occur beyond time and space have clear limitations in fulfilling their duties only with the police force of government organizations established under the real law system. The research method of this thesis is based on the literature research and the experience of security work. The purpose of this paper is to establish a social system where collective intelligence of each social field can participate voluntarily to respond to cyber crimes occurring beyond the time and space before the law and institutionalization. In addition, the social system in which collective intelligence in each social sector can participate voluntarily was established to define crime types in cyberspace in real time and to prevent crimes defined by the people themselves and the counter-measures had been proposed in order to form social consensus. First, it is necessary to establish a collective intelligent network-type cyberpolice volunteer system. The organization consists of professors of security and security related departments at universities nationwide, retired public officials from the National Intelligence Service, the National Police Agency, and the National Emergency Management Agency, security companies and the organizations, civilian investigators, security & guard, firefighting, police, transportation, intelligence, security, national security, and research experts. Second, private sector regulation should be established newly under the Security Business Act. Third, the safety guard of the collective intelligent cyberpolice volunteer system for the stability of the people's lives should strengthen volunteer work. Fourth, research lessons and legal countermeasures against cybercrime in advanced countries should be introduced. Fifth, the Act on the Protection of Personal Information, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Act on the Utilization and Protection of Credit Information, and the Special Act on the Materials and Parts Industry should be amended. Sixth, police officers should develop cybercrime awareness skills for proactive prevention activities.

• Korean Security Journal
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• no.61
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• pp.203-234
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• 2019

The damages from security accidents continue to increase as technology leaks from suppliers cause risks to the management of large companies, which are their customers, and their image and reliability to fall. However, the current industrial structure is practically impossible for large companies to form their own businesses and strategic alliances with business partners are essential, but it is changing into an industrial structure where the exchange of information is increased and the dependence of the information system is maximized, as well as legal demands and demands from stakeholders are increasing due to the complexity of the work process and the strengthening of security-related laws. The status of technology protection of small and medium-sized enterprises shows that they are not equipped with a security system due to relatively poor environment and financial difficulties compared to large enterprises, whereas the industrial structure between large and small business partners is indispensable for sharing the IT system, and the security system of large business, which is a customer company, should be improved by considering the fact that it is impossible to maintain security system between large businesses. Thus, the government intends to examine the system for shared growth of small businesses and the model for evaluating the capabilities of various agencies for information protection, and propose measures to introduce the certification system for small business partners.

• Korean Journal of Heritage: History & Science
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• v.40
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• pp.5-34
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• 2007

Archaeological Heritage is material testimony of national and regional history, and it is one of the tourist's attractions. So it has very important meaning and identical value for a local residents. Public concern on the heritage site elevate higher day by day. They are willing to use it for a multiful purpose, cultural, educational, and even commercial one. But Archaeological Heritage is fragile, and visitors can impact negatively for protection and management of the authenticity on the heritage site. In this research I try to compare legal and administrative measure for the protection, management, and culturalization of Archaeological Heritage in many countries. And I suppose sustainable and practical strategies for keeping integrity of heritage.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.