• Title/Summary/Keyword: legal measures

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A Study on the Problems with Local Housing Association Business ane the Improvement Measures: Focusing on Integrated Changwon City (지역주택조합 사업의 문제점을 통한 개선방안 연구: 통합 창원시를 중심으로)

  • Kim, Min-Oh;Chung, Sam-Seok
    • Journal of the Korean Society of Industry Convergence
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    • v.24 no.6_2
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    • pp.715-727
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    • 2021
  • This research is to investigate the concept of Local Housing Association, and stepwise implementation procedure, through the theoretical consideration, and then to find out overall problems happening in the process of pushing ahead with Local Housing Association, including problems in the corresponding business stage, based on the cases of Local Housing Association that have been appearing in Changwon areas, Gyeongnam, and to present legal and policy directions for solutions to it, based on it. First, regarding improvement measures at the stage of promotion committee, it is necessary to introduce the system to report the establishment of promotion committee to cities, provinces, and districts under the jurisdiction of the location of overall business, for the establishment of association. In order to secure the professionalism of promotion committee, it is necessary to enforce those members to receive education and training for a certain period, and improve the system to post on Website or through public notices. Second, regarding improvement measures at the stage of the approval of establishment, Local Housing Association have difficulties in replacing members and joining new memberships, after getting the approval of the establishment, which can put the brake on business operation. Finally, in order to prevent crime actions, such as embezzlement or breach of duty, in advance, it is necessary to establish the institutional system that allows every member to check details of business fund. It is expected that this research would minimize side effects incurred by Local Housing Association System and help Local Housing Association take full institutional responsibility and play an axis of housing supply policy.

Exploratory Research of Possibilities and Limiatation of Drone Journalism (재난재해 대응수단으로 드론저널리즘의 가능성과 한계에 관한 탐색적 연구)

  • Cho, Hang-Min
    • Journal of Digital Convergence
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    • v.16 no.8
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    • pp.71-79
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    • 2018
  • This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

Improving the Ship Marine Pollution Prevention Manager Education and Training Curriculum - Based on a Comparative Analysis between Korean and Foreign Legal Education - (선박 해양오염방지관리인 교육·훈련 교육과정 개선방안에 관한 연구 - 국내·외 법정교육 비교·분석을 기반으로 -)

  • Choi, Jung-Sik;Ha, Min-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.353-365
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    • 2020
  • The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

Regulation and Its Tasks of Privately Contracted Armed Security Personnel on Board Ships Against Somali-based Piracy (소말리아 해적행위 대응을 위한 민간무장보안요원 승선의 규제 및 그 과제에 관한 연구)

  • Keum, Jong-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.26-32
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    • 2014
  • The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

Current Trends in the U.S. Cybersecurity Laws (미국 사이버보안법의 최근 동향 - 「사이버보안 정보공유법」을 중심으로 하여 -)

  • Yang, Chun-Soo;Jee, Yu-Mi
    • Journal of Legislation Research
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    • no.54
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    • pp.155-192
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    • 2018
  • As the 'hyper-connected society' has emerged through the 'Fourth Industrial Revolution, public interests as well as social dangers have increased. Above all, the risk of infringement of information, including confidential personal information, is dramatically increasing. As the hyper-connected society has been realized, even if only one of the internet devices is hacked, there would be a danger that the ripple effect of such a hacking spreads to the whole network. Therefore, the necessity and importance of information security, including cybersecurity, has been increasing. In other words, the stability of cyberspace and internet space is becoming more important. As a result, the Korean government is seeking to build a legal system related to information security, which would be able to cope with the information infringement problem in the hyper-connected society. However, it seems that the government is still struggling with the direction of building such a legal system. In this context, a comparative review examining the legal systems of advanced foreign countries will provide meaningful implications as to what kinds of legal policies we should devise and implement for information security. In particular, the U.S. legislative act that actively responds to the cybersecurity violations is worthy of reference. For this reason, this article systematically analyzes the current status of the U.S. cybersecurity laws. Especially, this article focuses on the "Cybersecurity Information Sharing Act of 2015"(hereinafter "CISA"), that was recently enacted by the U.S. congress. The CISA prescribes the systemic and detailed information-sharing between national and private entities. The CISA, that actively promotes information-sharing, is full of suggestions for us, in that information-sharing is an effective way to properly realize information security in today's hyper-connected society.

A Study on the Institutional Limitations of Chemical Exposure Control for Cleaning Workers - Focusing on the Exclusion of Preparation and Submission of Material Safety Data Sheets (청소노동자 화학물질 노출 관리의 제도적 한계 고찰 - 물질안전보건자료 작성·제출 제외 조항을 중심으로)

  • Shin, Saemi;Ki, Nosung;Lee, Hea Min;Kim, Dong Hyeon;Wee, Seohyeon;Byeon, Sang-Hoon
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.1
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    • pp.41-52
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    • 2022
  • Objectives: This study intends to review the impact on cleaning workers and suggest directions for improvement by reviewing the legal and institutional ways in which Article 86 Nos. 7 and 16 of the Enforcement Decree of the Occupational Safety and Health Act work on the maintenance and promotion of cleaning workers' health. Methods: The following laws and systems were reviewed and considered: First, the occupational safety and health legislation obligated or required to be applied to protect the health of cleaning workers; Second, the status of control of chemicals or mixtures used at cleaning sites through the Consumer Chemicals Product and Biocide Safety Control Act; Third, Control of consumer products according to foreign material safety data sheet related laws. Results: Legal and institutional measures necessary to protect the health of cleaning workers include the legal control of harmful substances to be controlled, work environment monitoring, and special health examinations. The application of the Consumer Chemicals Product and Biocide Safety Control Act does not satisfy the legal and practical level of health maintenance and promotion required by the Occupational Safety and Health Act, and the communication of chemical information is insufficient. Overseas, there are restrictions on the use of consumer products in the workplace without material safety data sheets. Conclusions: It is necessary to improve the system to ensure the health of workers handling consumer chemical products. The remaining laws and regulations exempted from the obligation to prepare material safety data sheets should be additionally reviewed.

Legal Status and Major Issue of Maritime Autonomous Surface Ships (MASS) in International Law (자율운항선박의 국제법 지위와 주요쟁점에 관한 연구)

  • Chun, Jung-soo;Park, Han-seon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.2
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    • pp.256-265
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    • 2021
  • Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.

Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

Legal Issues and Regulatory Discussions in Generative AI (생성형 AI의 법적 문제와 규제 논의 동향)

  • Kim, Beop-Yeon
    • Informatization Policy
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    • v.31 no.3
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    • pp.3-33
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    • 2024
  • This paper summarizes the legal problems and issues raised in relation to generative AI. In addition, we looked at what regulatory discussions individual countries or international organizations have in order to solve or respond to these issues or to minimize the risks posed by generative AI. Infringement of individual basic rights raised by generative AI, the emergence and control of new crimes, monopolization of specific markets and environmental issues are mainly discussed, and although there are some differences in the necessity and direction of regulation, most countries seem to have similar views. Regarding AI, the issues that are currently being raised have been discussed continuously from the beginning of its appearance. Although certain issues have been discussed relatively much, there are some differences between countries, and situations that require consideration of phenomena different from the past are emerging. It seems that regulations and policies are being refined according to the situation of individual countries. In a situation where various issues are rapidly emerging and changing, measures to minimize the risk of AI and to enjoy the utility and benefits of AI through the use of safe AI should be sought. It will be necessary to continuously identify and analyze international trends and reorganize AI-related regulations and detailed policies suitable for Korea.

The study on the policy for the formation of the innovation cluster : Focus on Pangyo Technovalley in Gyeonggi-Province (혁신 클러스터 구축을 위한 정책방향 설정에 관한 연구 : 판교테크노밸리를 중심으로)

  • Im, Jongbin;Cho, Hyeongrye;Chung, Sunyang
    • Journal of Korea Technology Innovation Society
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    • v.15 no.3
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    • pp.675-699
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    • 2012
  • Recently innovation cluster has been emphasized as a valid policy measure for innovation. For suggesting a new model of innovation cluster, we conducted literature review for the theories of regional innovation system(RIS) and innovation clusters. As a result, the success factors of innovation cluster were classified into system measures, physical measures, and social(human resources) measures from the perspective of RIS. The case of Gyeonggi province's innovation cluster policy was examined for an empirical analysis. For an in-depth analysis, a survey for the tenant companies in Pangyo technovalley(PTV) was conducted. As a result, it was found that Gyeonggi province's innovation cluster policy is evolving from 'a government-initiated system' to 'the 3rd-generation convergence RIS' and that PTV is closely related to the system measures of 'support for up-to-date management and technology information' and 'support for academic-research-industry cooperative research and technological cooperation,' physical measures of 'strengthening the function of PTV support division' and 'shared research equipment and other infrastructures,' and social measures of 'legal, financial, and administrative support system' and 'public childcare facilities'. Also, technology sector was divided into IT and non-IT for a validity check to find out that there was no significant difference in all factors, except for the public relations factors. This study is expected to provide resources for other related researches.

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