• Title/Summary/Keyword: legal measures

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A Study on the Reduction of Psychological Unrest Factors through the Improvement of Fire Service System (소방업무 제도개선을 통한 심리적 불안 요인 감소 방안)

  • Young-Jin, Reem;Ha-Sung Kong
    • Journal of the Korea Safety Management & Science
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    • v.25 no.4
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    • pp.105-115
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    • 2023
  • The purpose of this study is to identify psychological anxiety factors related to firefighters' field activities and suggest improvement measures. To investigate the actual status of psychological anxiety factors, a survey was conducted on approximately 3,500 current firefighters, and the responses of 505 people who participated in the survey were analyzed. As a research method, frequency analysis and cross-analysis were conducted according to the general characteristics of the participants to determine the actual level of psychological anxiety in each work field and the results were analyzed. As a result of the analysis, it was statistically confirmed that firefighters feel a lot of psychological burden due to legal and institutional inadequacies during dispatch, return, or field activities, and frequent friction with civil servants is also a major cause of psychological anxiety. Therefore, based on the results of this study, it is proposed to establish a permanent legal support team in each city and province, designate and operate a hospital dedicated to psychological treatment, and establish a special provision for traffic accidents during the return of fire trucks so that firefighters can concentrate on their duties without psychological anxiety. do.

Legal Structure and Improvement Measures of Police Responsibility for Unlawful Information in the Cyberspace

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.3
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    • pp.105-111
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    • 2016
  • Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

Korean Firms' Intellectual Property Rights Protection Strategies to Deter Counterfeiting and Brand Piracy in Global Markets (한국기업의 해외시장에서의 위조상품 대응전략에 관한 연구)

  • Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.351-374
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    • 2007
  • Recently, there has been rapid and spectacular increase in world wide counterfeiting and other forms of piracy. According to the World Customs Organization(WCO), counterfeiting accounts for 5 to 7 percent of global merchandise trade, equivalent to lost sales of as much as US$512 billion last year. Also Korean firms' damages arising from the infringement of intellectual property rights in global markets, especially in China market, are increasing. However, the existing studies on the intellectual property rights(IRP) protection have mainly focused on legal protection. Because the law is often not the best defense against theft of intellectual property rights, we must develop more effective defensive weapons for protection of IRP. Given this troublesome trend, the intention of this paper is to discuss strategic and tactical efforts, including legal protection, that can serve as proactive measures to deter counterfeiting and thus to assure the protection of Korean firms' intellectual property rights.

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Legal Issues on Deception of Fraud and Abuse of Paid Medical Expenses (요양급여비용 허위청구와 사기죄의 법적 쟁점)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.11-41
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    • 2013
  • Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

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A Condition Analysis and Response Measures of Cyberstalking (사이버스토킹의 실태 및 고찰에 관한 연구)

  • Kim, Tae-Hwan;Jung, Il-Seok
    • Journal of the Korean Society of Hazard Mitigation
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    • v.4 no.3 s.14
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    • pp.19-23
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    • 2004
  • In current society, there has been rapid change in process towards the information society from the industrial society. Cyberstalking can be regarded as a kind of new comer in the issue of contemporary crimes. The Cyberstalking has been focused on famous people and entertainers in th past, whereas more seriously, the range of victims has expanded to the public in recent. Form this aspect, the goal of this study is establish the cyberstalking by considering causes, characteristics and suggest legal, social methods.

Case Analysis on Dispute Resolution in International OEM Transactions (국제 OEM 거래상의 분쟁해결에 관한 사례연구)

  • Park, Won-Hyung;Kim, Sung-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.79-104
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    • 2010
  • The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.

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The Study on the Accidents analysis and preventive measures from a excavator (굴삭기로 인한 재해분석 및 예방대책에 관한 연구)

  • Lee, Yong-Soo;Gang, Yong-Tak;Kim, Jin-Su;Kim, Chang-Eun
    • Proceedings of the Safety Management and Science Conference
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    • 2010.11a
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    • pp.283-297
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    • 2010
  • This study carried out the investigation about the actual conditions of the management, disaster analysis and safety awareness on excavator in one of construction equipment and tried to make it's preventive measures. To achieve this, first of all, the accident of the internal Construction Industry process Investigation and Analysis, and then analyze an cause of accident based on it. Next, For the conditions of safety management conduct a survey to Investigation and Analysis and Propose preventive measures. The results of this study can be summarized as follows. 1st, Status of safety awareness and management of construction equipment tend to seek quickly and easily for the interests of sight. 2nd, Half the precincts of the equipment is causing major disaster. 3rd, The risk of excavator operation's indicators and drivers is so much potential. 4th, The preventive measures are needed for strengthening safety education, professional legal education, changes in safety awareness, the development of prevention system.

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Recommendations for Revising the Arbitration Act of Korea regarding Interim Measures by the Arbitral Tribunal to Promote Commercial Arbitration in South Korea (상사중재 활성화를 위한 중재판정부의 임시적 처분 제도의 개선 - 2016년 개정 중재법을 중심으로-)

  • Park, Jun-Sun
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.115-134
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    • 2016
  • Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

The Study on the Accidents analysis and preventive measures from a excavator (굴삭기로 인한 재해분석 및 예방대책에 관한 연구)

  • Lee, Yong-Soo;Gang, Yong-Tak;Kim, Jin-Su;Kim, Chang-Eun
    • Journal of the Korea Safety Management & Science
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    • v.12 no.3
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    • pp.81-91
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    • 2010
  • This study carried out the investigation about the actual conditions of the management, disaster analysis and safety awareness on excavator in one of construction equipment and tried to make it's preventive measures. To achieve this, first of all, the accident of the internal Construction Industry process Investigation and Analysis, and then analyze an cause of accident based on it. Next, For the conditions of safety management conduct a survey to Investigation and Analysis and Propose preventive measures. The results of this study can be summarized as follows. 1st, Status of safety awareness and management of construction equipment tend to seek quickly and easily for the interests of sight. 2nd, Half the precincts of the equipment is causing major disaster. 3rd, The risk of excavator operation's indicators and drivers is so much potential. 4th, The preventive measures are needed for strengthening safety education, professional legal education, changes in safety awareness, the development of prevention system.

Fire and Explosion Hazards and Safety Management Measures of Waste Plastic-to-Pyrolysis Oil Conversion Process (폐플라스틱 열분해 유화 공정의 화재·폭발 위험성 및 안전관리 방안)

  • Dong-Hyun Seo;Yi-Rac Choi;Jin-Ho Lim;Ou-Sup Han
    • New & Renewable Energy
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    • v.19 no.3
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    • pp.22-33
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    • 2023
  • The number of fire and explosion accidents caused by pyrolysis oil and gas at waste plastic pyrolysis plants is increasing, but accident status and safety conditions have not been clearly identified. Therefore, the aim of the study was to identify the risks of the waste plastic pyrolysis process and suggest appropriate safety management measures. We collected information on 19 cases of fire and explosion accidents that occurred between 2010 and 2021 at 26 waste plastic pyrolysis plants using the Korea Occupational Safety and Health Agency (KOSHA) database and media reports. The mechanical, managerial, personnel-related, and environmental problems within a plant and problems related to government agencies and the design, manufacturing, and installation companies involved with pyrolysis equipment were analyzed using the 4Ms of Machines, Management, Man, and Media, as well as the System-Theoretic Accident Model and Processes (STAMP) methodology for seven accident cases with accident investigation reports. Study findings indicate the need for establishing legal and institutional support measures for waste plastic pyrolysis plants in order to prevent fire and explosion accidents in the pyrolysis process. In addition, ensuring safety from the design and manufacturing stages of facilities is essential, as are measures that ensure systematic operations after the installation of safety devices.