• Title/Summary/Keyword: legal measures

Search Result 644, Processing Time 0.024 seconds

A Study on Collaborative Governance: Focusing on the Cultural Heritage Guardians (문화재지킴이 정책의 협력적 거버넌스 운영 체계 연구)

  • Jang, Youngki
    • Korean Journal of Heritage: History & Science
    • /
    • v.54 no.1
    • /
    • pp.184-205
    • /
    • 2021
  • Governance is valued as a new concept and principle of social operation and public policy management, and its influence is gradually expanding. Among the various governance theories being put into practice and in case analysis studies, collaborative governance embracing various governance concepts has been found to increase interdependence and responsibility beyond participation and compromise, and create new public values by integrating and utilizing optimal social coordination forms. In the field of cultural assets, governance-related research is also being conducted for the efficiency, sustainability, and scalability of public policy enforcement. This study explored the government's role (promotion, arbitration, and condition creation) in collaborative governance, focusing on the "Cultural Heritage Guardians" to understand how collaborative governance operates in the cultural heritage sector. Regarding governance policies in the cultural asset sector, the cultural asset guardians highlighted the status, role, and characteristics of policies by examining their introduction, development, and implementation. The results of the analysis revealed that private-led, horizontal public-private cooperation, collaborative governance, policy introduction, solidarity, professionalism, resource/knowledge imbalance, cooperation precedence, etc., facilitate increased participation. The government has accordingly proposed measures to establish comprehensive legal stability centered on cooperation; strategic reorganization of dedicated organizations; strengthened, supportive intermediate organizations; and individual and multi-party consultative bodies.

A Study on the Improvement of Legislation on Management of Compound Coastal Disasters (해안가 복합재해 관리를 위한 법률 현황 및 개선방향)

  • Jang, Ahreum;Kim, Sunhwa;Lee, Moonsuk
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.26 no.7
    • /
    • pp.845-857
    • /
    • 2020
  • Compound coastal disasters are a type of natural disaster featuring both internal and external flooding due to rises in sea-level, torrential rains, typhoons, and tsunamis. The, incidence and scale of damage from such disasters is increasing. This aim of this study was to review the current laws and systems managing the phenomenon of the coastal complex disaster, and to derive recommendations for improvements to manage and prevent them. In this study, the Framework Act on the Management of Disasters and Safety, the Countermeasures against Natural Disasters Act, the National Land Planning and Utilization Act, the Coast Management Act, the River Act, and the Sewerage Act were reviewed, with focus on the district-zoning system designated by ministries for the management of natural disasters along the coast. Through a comparison of the purpose and nature of the laws, spatial scope, and management resources, it was judged that it would be desirable to comprehensively manage compound coastal disasters based on the Countermeasures Against Natural Disasters Act. In order to overcome the limitations of the current system and to derive specific measures to improve laws and systems, a questionnaire survey on detailed factors was conducted targeting experts in natural disaster management. The results indicated that it is necessary to improve the current system or introduce a new system for the management of coastal complex disasters, with integrated management of land and sea areas through the installation and operation of integrated decision-making governance by related ministries such as MOIS, MOLIT, MOF, and ME.

Study on Pattern of Civil Service Crimes and Control Plan : Focused on the Prosecutor's Office and High ranking Public Officials Crime Investigation Office (공무원 범죄의 유형과 통제방안 -검찰과 고위 공직자범죄수사처를 중심으로)

  • Kim, Taek
    • The Journal of the Convergence on Culture Technology
    • /
    • v.7 no.3
    • /
    • pp.59-69
    • /
    • 2021
  • The Moon Jae-in administration insisted on reforming the prosecution for the reform of power institutions, and also tried to control the power of the prosecution through the establishment of a high-ranking public officials criminal investigation office. Then, what is the direction of the legal prosecution reform? Above all, it is a logic to drastically reduce the power of the prosecution. How to shrink it? First, it is necessary to control or check the power of prosecution and investigation that the prosecution has. Second, the key to the reform of the prosecution is perhaps to separate personnel rights from power. In order to exclude external pressure from the prosecution's personnel rights, there must be no instruction or intervention from the attorney general. To do this, the prosecutor general must go through various personnel evaluations, such as multi-faceted evaluation. Third, the essence of the High-ranking Officials Criminal Investigations Act is to deal with crimes of prosecutors, judges, police, and members of the National Assembly. It is also the core of the institutional mechanism to cover the corruption of one's family members while holding all the right to investigate, prosecution, and warrant claims, and to check the omnipresent prosecutors who have abused their right to investigate for political purposes. Then, what is necessary for the success of the high-ranking officials criminal investigation office? Above all, We think political neutrality is very necessary. The Ministry of Airborne has a very high authority of the Director. This paper intends to examine the functions and roles of the prosecution and high-ranking officials criminal investigation offices to prevent corruption. We analyzed the contents of the prosecution and the public officials criminal investigation office, and examined the limitations and problems, and the measures to control corruption in public offices.

Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.28 no.1
    • /
    • pp.54-63
    • /
    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

A Study on the Realization of Dust Damage Compensation Calculation for the Prevention of Dust Damage in Construction Site (공사장 먼지피해 예방을 위한 먼지피해 배상액 산정 현실화 방안 연구)

  • Kim, Jinho
    • Journal of the Society of Disaster Information
    • /
    • v.18 no.2
    • /
    • pp.374-385
    • /
    • 2022
  • Purpose: Even if a damage is applied to the dust of the construction site containing the first-class carcinogen, it is dismissed or 5~30% of the amount of noise damage compensation is paid., Because of such loopholes, some construction companies are neglecting the dust management of the construction site, and the damage of the workers and the residents in the construction site continues. Method: The purpose of this study is to examine the problems of the calculation criteria of damage compensation amount of construction site dust, the measurement of dust concentration, the analysis of measurement data (the data of electric signboard measuring device by the mining scattering method), the prediction and evaluation methods such as modeling, and to suggest improvement measures. Result: It is found that it is impossible to calculate the amount of damages from dust damage in the construction site by calculating the current dust damage compensation amount and dust concentration modeling and measurement. Conclusion: It will receive an application for compensation for damage within the site where damage is expected (about 100m in the straight line and the boundary line of the site), and present a method of calculating the amount of compensation that differentially evaluates dust damage to the degree of dust management and compliance with dust-related legal standards.

Policies and Measures for Managing Personal Digital Legacy (개인의 사후 디지털 기록관리를 위한 정책과 방안)

  • Kim, Jinhong;Rieh, Hae-young
    • The Korean Journal of Archival Studies
    • /
    • no.72
    • /
    • pp.165-203
    • /
    • 2022
  • Many people create records in digital space, and the amount of digital records left after individual dies has increased. The digital record left by the deceased is different from the record heritage that has physical substances. In many cases, the records of the deceased not just belong to the deceased, and many deceased did not explicitly disclose their online accounts and method of dispose of digital records during their lifetime, so this problem may lead to problems of inheritance to the bereaved family. In addition, digital records may be neglected or deleted after a person's death due to software problems, specific platform's terms of use, account deletion by bereaved family, etc. This leads to the problem that daily records, which are important clues to the social aspects at the time, are easily lost. Several studies have revealed that individuals are interested in preserving their digital records, but do not know how to do it, so they are benign neglect. For this reason, it is necessary to pay attention to personal digital records and personal digital legacy, and to prepare related policies and plans. Accordingly, this study analyzes problems related to the management of digital records after an individual's death, related to laws and systems, the status and policies of platforms and industries, the status of personal record management, etc. Various solutions were suggested, such as a need for enactment for digital personal record management act, platform's explicit policy for individual's post-mortem records, digital records management plan for archival institutions, individual's a preemptive management plan for his/her own records, and a method for writing a will related to digital account information.

A Research on the Exposure Status of Cybersecurity Risk of Process Control System and Its Counterplan (공정제어시스템의 사이버보안 위험 노출 현황 및 대응방안 연구)

  • Kim, Youngse;Park, Jinhyung;Kim, Sangki;Kim, Byungjick;Lee, Joonwon;Park, Kyoshik
    • Korean Chemical Engineering Research
    • /
    • v.60 no.4
    • /
    • pp.492-498
    • /
    • 2022
  • Process control systems used in most domestic petrochemical corporates today are based on the Windows platforms. As technology leans toward opened environment, the exposure risk of control systems is increasing. However, not many companies are preparing for various cyberattacks due to lack of awareness and misunderstanding of cyber intrusion. This study investigated the extent of how much exposed the petrochemical process control system is to security threats and suggested practical measures to reduce OT cybersecurity vulnerabilities. To identify the cyber threat status of process control systems, vulnerabilities of the Windows platform, a principal cyber threat factor, have been analyzed. For research, three major DCS providers in Korea and the discontinuation of Windows platform of 635 control systems were investigated. It was confirmed that 78% of the survey subjects were still operating in the discontinued windows platforms, and those process control systems were operated in a state vulnerable to cyber intrusions. In order to actively cope with these cyber threats, legal regulations such as designation of critical infrastructure for major petrochemical facilities which is implemented in advanced countries such as the United States are needed. Additionally, it is necessary to take the initiative in eradicating security threats to the process control systems by aggressively introducing security solutions provided from existing DCS suppliers. This paper was submitted to Professor Ko JaeWook's retirement anniversary issue.

A study on the effect of tax evasion controversy on corporate values in internet news portals through big data analysis (빅데이터 분석을 통한 인터넷 뉴스 포털에서의 탈세 논란이 기업 가치에 미치는 영향 연구)

  • Lee, Sang-Min;Park, Myung-Ho;Kim, Byung-Jun;Park, Dae-Keun
    • Journal of Internet Computing and Services
    • /
    • v.22 no.6
    • /
    • pp.51-57
    • /
    • 2021
  • If a company's actions to save or avoid taxes are judged to be tax evasion rather than legal tax action by the tax authorities, the company will not only pay tax but also non-tax costs such as damage to corporate image and stock price decline due to a series of tax evasion-related news articles. Therefore, this study measures the frequency of occurrence of tax evasion controversial keywords in internet news portal as a factor to measure the severity of the case, and analyzes the effect of the frequency of occurrence on corporate value. In the Korean stock market, we crawl related articles from internet news portal by using keywords that are controversial for tax evasion targeting top companies based on market capitalization, and generate a time series of the frequency of occurrence of keywords about tax evasion by company and analyze the effect of frequency of appearance on book value versus market capitalization. Through panel regression and impulse response analysis, it is analyzed that the frequency of appearance has a negative effect on the market capitalization and the effect gradually decreases until 12 months. This study examines whether the tax evasion issue affects the corporate value of Korean companies and suggests that it is necessary to take these influences into account when entrepreneurs set up tax-planning schemes.

A Study on the Space Composition for Department of Delivery in Regional Public Hospital (지역거점 공공병원의 분만부 공간구성에 관한 연구(1))

  • Park, Kyeong Hyeon;Shin, Hwa Kyoung;Chai, Choul Gyun
    • Journal of The Korea Institute of Healthcare Architecture
    • /
    • v.28 no.3
    • /
    • pp.47-54
    • /
    • 2022
  • Purpose: This study presents the analysis on space usage of delivery departments in regional public hospitals. The results intention is to achieve improvement of the delivery environment for the mothers and newborns regarding exposure prevention and efficient infection control. The purpose of this study is to provide fundamental data for architectural plans and guidelines for the delivery department. Method: The investigation and analysis were based on research papers, legal systems, public medical statistical data, and the architectural floor plan drawing. For research, 20 regional public hospitals with an operating delivery room were excluded. Regarding data accessibility, 15 regional public hospitals were selected. Results: To overcome the increased vulnerability of the delivery department, the research results of basic data is provided for the establishment to address urgent needs and rapid response. Thus, the research results are as follows: Firstly, the delivery department needs to respond promptly according to the type of patients. For example, in a case of emergency surgery, a connected circulation plan with the related departments is needed. Secondly, for the environment of the delivery area, alleviating anxiety is imperative for pregnant patients and guardians, labor, childbirth, and recovery. Therefore, these needs must be addressed for treatment space and circulation. Lastly, the delivery department is classified into three areas for analysis: access area, treatment area, and support area. In most of the delivery departments of the 15 selected hospitals, there is no space for the access and support area except for the labor and delivery rooms in the treatment area. For the access area, a waiting area, changing room for pregnant women and guardians, and a storage space for contaminated linens are required for infection prevention, safety, and efficiency. For the treatment area, childbirth processes and circulation should have space reserved for labor, delivery, recovery, examination, and treatment. In preparation for an emergency during childbirth, emergency response measures and supporting space needs to be established. For the support area, circulation and rooms are to be designed for medical staff support, activity space, storage and transportation of equipment, and urgent medical treatment. Implications: Along with the low fertility rate and the decrease of medical institutions that operate delivery departments, for the purpose of establishing a public medical service system and a healthy medical environment for mothers and newborns, the researched information demonstrates basic data on space plan of delivery departments in regional public hospitals.

Comparative Analysis Study on Accidents Cases of Manned and Unmanned Tower cranes (유·무인 타워크레인의 사고 사례 비교분석 연구)

  • Jeong Kyeongtae;Jo Minje;Kim Hyein;Lee Donghoon
    • Journal of the Korea Institute of Construction Safety
    • /
    • v.6 no.1
    • /
    • pp.27-32
    • /
    • 2024
  • In this study, based on accident cases of manned and unmanned tower cranes, the types and causes of accidents were analyzed and tower crane accident prevention measures were proposed accordingly. As a result, 'lack of communication' was commonly analyzed as the biggest cause of accidents. Therefore, in this study, we investigated domestic and international systems and laws regarding signalmen responsible for communication between tower crane operators and workers and proposed the following three improvement methods. First, the signalman system must be legally and institutionally reestablished. Second, national agencies and private organizations with expertise should create standardized training manuals and distribute them to signalman educators, and create checklists to manage educators. Third, in the case of a site using a tower crane, the employer must mandatorily deploy a signalman with professional qualifications. Lastly, the results of this study are expected to highlight the differences in accident types and causes of manned and unmanned tower cranes and the need for legal and institutional improvement in the signal system.