• Title/Summary/Keyword: legal basis

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Actual Status of and Measure for False Alarm of Electronic Security in Korea (한국 기계경비업무의 오경보 대응책)

  • Park, Dong-Kyun;Kim, Tae-Min
    • Korean Security Journal
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    • no.30
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    • pp.33-60
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    • 2012
  • False alarm of Electronic security causes various serious side effects such as decrease of electronic security guard's morale caused by unnecessary mobilization, increase of fatigue caused by workload increase, increase of electronic security company owner's management burden and decrease of electronic security service utilization rate caused by customer's distrust. Therefore, the study considered the Korean regulation related with false alarm of electronic security and proposed actual status of false alarm and measure for it. The study proposed systematic resolution assignments and political assignments in relation with the measure for false alarm. Systematic resolution assignments are as follows. First, electronic security company should construct electronic security system accurately from the initial step of security consulting and security planning related with target facility. Second, it is necessary to encourage installation and operation of video monitoring system. Third, sensor wiring should be separated. Fourth, the measures for false alarm depending on main system causes should be prepared. It is necessary to encourage the installation of 'arming disarming alarm sound' generator. In addition, the measures for false arm depending on the characteristics of sensor should be prepared and standardized. Fifth, system maintenance should be reinforced. Political assignments related with the measures for false alarm are as follows. First, it is necessary to reinforce education & training. Individual nurturing & education process should be run by electronic security company or the education focusing on the measure for false alarm should be performed in job training defined in "Security Industry Act". Second, it is necessary to establish and reinforce legal regulation and establish device. If police authority standardizes the documents related with false alarm, provides their forms and requires them for periodical reports or documents, it is expected that good measures for false alarm will be prepared on the basis of actual data in the future. Third, cooperation organization to discuss the measures for false alarm like 'Conference for False Alarm of Electronic Security' should be organized and operated. Fourth, interest and role of electronic security company and electronic security supervisor should be enlarged.

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A Comparative Study on the Recognition of Urban Agriculture between Urban Farmers and Public Officials (도시농업인과 공무원의 도시농업 인식 비교·평가)

  • Park, Won-Zei;Koo, Bon-Hak;Park, Mi-Ok;Kwon, Hyo-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.4
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    • pp.90-103
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    • 2012
  • The aim of this study is to be able to understand the problems within the urban agriculture policy promoted by the Government and local autonomous entity base on the comparison of the consciousness of the urban agriculture between urban farmers and public officials and to inquire into the further revitalization scheme in the end. For this purpose, this study drew implications through studying latest trend and the legislation of domestic and foreign urban agriculture and then conducted a questionnaire survey of urban farmers and public officials. Because of this research, the revitalization schemes of urban agriculture are as follows: First, it's necessary to secure the usable arable land, such as the green roof, community garden, as well as urban agriculture park, etc. Second, it is necessary to establish the urban agriculture relations act suited for the actual circumstances of our country and to back up the legislation at an institutional, technological level in terms of a nation in order to secure the durability of urban agriculture. Third, it is advisable to make a proposal about the problems in time of activities for cultivation by forming a network between urban farmers and public officials and to prepare the plan for the active exchange of farming technologies. Fourth, it's necessary to activate the community gardens by supplying the education through cultivation method & its management method, and a variety of urban-agriculture-participation programs. Fifth, it is necessary to set up the specialized and practical education through an institute for landscape architecture. Sixth, it is necessary to induce the spontaneous participation in urban agriculture from urban farmers accompanied by the activities for promotion that are worth arousing urban farmers' interest. Lastly, it is also necessary to establish a legal basis of urban agricultural parks and facilities as well as to promote a search for multilateral policies and their practice so that the further urban agriculture can be stably continued within city boundaries.

The Actual State of the Creation and Management of Public Open Spaces of Major Buildings - Focused on Daegu-City - (대형건축물 공개공지의 조성 및 관리실태 분석 - 대구시를 대상으로 -)

  • Eom, Boong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.36-45
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    • 2011
  • Public open space(Gong-Gae-Gong-Ji) is an important part of the open-space system in an urban environment. Though part of the private sector, it has a significant public function as there are as always open to the free use of every citizen for rest and amenities. A field survey of the public open space of 71 major buildings was carried out to investigate the actual state of public open spaces in the city of Daegu. As a result of this investigation, several point of issues were discussed. In distribution by 'Gu', newly-emerging sub-centers of Daegu-City, such as Bug-Gu and Dalseo-Gu as well as downtown area have many public open spaces. By the use type of buildings, retail buildings such as shopping centers and SSM account for36.6%, business buildings21.1%, and residential and commercial complexes 15.5%, respectively. Location wise, the front areas accounted for the greatest amount(42.9%) with 1 in side area(20%), and 2 in the front/side area(20%), respectively. Degree of division was 1 spot type(45.7%), 2 division type(35.7%). The misuse of public open space for private use, such as shopping and parking lots, was26.6%. On the basis and analysis of the actual status, 6 improvement devices for public open spaces were suggested: 1) The improvement of the legal regulative system, 2) the establishment of design guidelines and strengthening of deliberation, 3) administrative and financial support, 4) periodic supervision and guidance, 5) installment of signs that shows the space is open for use to every citizen, and 6) the participation of citizens in management of public open space.

The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

Development of Needs Assessment Instrument for the Patients with Cancer (암환자의 요구 조사 도구 개발)

  • Kim, Gi-Yon;Choi, Sang-Soon;Pak, So-Mi;Song, Hee-Young;Hur, Hea-Kung
    • Journal of Hospice and Palliative Care
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    • v.5 no.2
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    • pp.136-145
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    • 2002
  • Purpose : This study was designed to develop an instrument that could be used for comprehensive and effective need assessment for patients with cancer. Methods : In the first phase, a conceptual framework for the instrument was established by Wingate & Lackey (1989). In the second phase, the preliminary instrument was drawn up through a review of the literature and in consultation with three professors in Nursing. In the third phase validity and reliability of the preliminary instrument were tested as follows; 1) an expert validity test of the preliminary instrument was done by nine head nurses and charge nurses who had over ten years experience caring for patients with cancer at Wonju Christian Hospital. 2) A construct validity test and reliability test was done for the instrument by 116 staff nurses selected by convience sampling from hospitals located in Kang-Won, Kyoung-Ki, and Choong-Chung Provinces. The collected data were analyzed using SPSS 10.0 WIN program. For the factors of the instrument, factor analysis was used. The reliability of the scale was analyzed by Cronbach's alpha. Results : The results of the experts' test of validity, showed that, of 32 items, only one item had less than 55.4%. It was then deleted and a total of 31 items was selected. On the basis of the results of the factor analysis, the following six components were identified: physiological, informational, spiritual, and emotional needs, available resources, and legal/financial needs. These factors explained 61.8% of the variance. In the factor analysis, the first factor (physiological needs) and the second factor (informational needs) explained 25.4% and 10.9% of the variance respectively, which were major factors for the needs of patients with cancer in Korea. Cronbach' alpha for the scale was .90 indicating internal reliability. Conclusion : This instrument can be effectively utilized for assessment of needs of patients with cancer in Korea. Use of the needs assessment instrument developed in this study will allow nurses to develop nursing interventions that provide comprehensiveness and continuity in meeting the needs of patients with cancer.

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The Problem of Space Debris and the Environmental Protection in Outer Space Law (우주폐기물과 지구 및 우주환경의 보호)

  • Lee, Young Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.205-237
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    • 2014
  • Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.

Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

A study on Categorized type and range for the Aircraft and the LSA (우리나라 항공기 및 경량항공기의 종류 및 범위에 대한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won
    • 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.

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A Study on The Introduction of LID Prior Consultation for Small-Scale Development Projects - Focusing on Cost-Benefit Analysis - (소규모 개발사업의 저영향개발(LID) 사전협의 제도 도입 연구 - 비용편익 분석을 중심으로 -)

  • Ji, Min-Kyu;Sagong, Hee;Joo, Yong-Jun
    • Clean Technology
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    • v.26 no.2
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    • pp.151-157
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    • 2020
  • Rapid urbanization has elevated the risk of urban flooding due to the increase in the impervious surface, causing environmental disasters and environmental pollution problems, such as lowering the groundwater level and increasing water pollution. In Korea, low impact development (LID) techniques have been introduced to minimize these environmental impacts and maintain the water cycle soundness. However, most small-scale development projects are in blind spots because there is no legal basis for rainfall runoff management. Small-scale development projects that increase the surface runoff of rainwater are required to mandate the application of LID facilities in accordance with the polluters' responsibility principle. Therefore, it is necessary to implement a preliminary consultation system for water cycle recovery. This study focuses on the cost-benefit analysis on the application of LID techniques for small-scale development projects. The scale of nationwide small-scale development projects used for cost-benefit analysis were defined as buildings with a land area of more than 1,000 ㎡ or a total floor area of 1,500 ㎡. As a result of analyzing the cost-benefits from the installation of LID facilities, they were found to be much lower than the economic standard value of 1. This might be due to the high cost of facilities compared to the scale of the project. However, considering the overall environmental value of improving the water environment and air quality by the installation of LID facilities and the publicity of reducing the operating cost of sewage treatment facilities, the introduction of a prior consultation for small-scale development projects is inevitable. In the future, institutional and financial support from local governments is required to improve the cost-benefits with the introduction of a prior consultation for small-scale development projects.

A Study on Presidential Security Activities of Military Intelligence Investigation Agency - Since the Korean War, from 1950 to the present - (군(軍) 정보수사기관의 대통령 경호활동 고찰: 1950년 한국전쟁 이후부터 현재까지)

  • Choi, Jong-Young;Jung, Ju-Ho
    • Korean Security Journal
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    • no.53
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    • pp.63-79
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    • 2017
  • Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.

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