• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.145-167
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• 2016

UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.205-226
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• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

• KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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• v.24 no.2
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• pp.65-71
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• 2018

Paper packs, glass bottles, metal cans, and plastic materials are classified according to packaging material recycling groups that are Extended Producer Responsibility (EPR). In the case of waste paper pack, the compressed cartons are dissociated to separate polyethylene films and other foreign substance, and then these are washed, pulverized and dried to produce toilet paper. Glass bottle for recycling is provided to the bottle manufacturers after the process of collecting the waste glass bottle, removing the foreign substance, sorting by color, crushing, raw materializing process. Waste glass recycling technology of Korea is largely manual, except for removal of metal components and low specific gravity materials. Metal can is classified into iron and aluminum cans through an automatic sorting machine, compressed, and reproduced as iron and aluminum through a blast furnace. In the case of composite plastic material, the selected compressed product is crushed and then recycled through melt molding and refined products are produced through solid fuel manufacturing steps through emulsification and compression molding through pyrolysis. In the recycling process of paper packs, glass bottles, metal cans, and plastic materials, the influx of recycled materials and other substances interferes with the recycling process and increases the recycling cost and time. Therefore, the government needs to improve the legal system which is necessary to use materials and structure that are easy to recycle from the design stage of products or packaging materials.

• The Korean Journal of Archival Studies
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• no.5
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• pp.39-85
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• 2002

This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.179-220
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• 2008

The notion of the 'court' is most unique to ICC arbitration. This paper focuses on what the court is and how it works and what the role and the duties of the Court under the ICC arbitration imply for the KCAB International Arbitration Rules. The Court is an administrative body that administers arbitrations taking place under the ICC Rules of Arbitration. The Court consists of 126 members from 88 countries around the world. Court members participate in decision-making process by way of attending the committee sessions and plenary sessions. At the Court's committee sessions, the Court fixes advance on costs; reviews the prima facie existence of arbitration agreements; fixes the place and language of arbitration, and the number of arbitrator(s); confirms and approves arbitrators; scrutinizes draft awards, determines the costs of arbitration; decides on extensions related to Terms of Reference, draft awards and correction and interpretation of the awards. At the Court's plenary sessions, the Court performs only two responsibilities: the challenge or replacement of arbitrators or the scrutiny of draft awards. The Court is required to scrutinize draft awards involving states or state entities, drafts with huge amounts in dispute or complex technical or legal questions, and as well as draft awards to which a dissenting opinion has been attached. Turning to the KCAB International Arbitration Rules, Article 1(3) provides that the KCAB shall establish an International Arbitration Committee. Further, it is provided that the KCAB shall consult with the said Committee with respect to challenge and replacement/removal of arbitrators pursuant to Article 1(3). The notion and role of the International Arbitration Committee was originally adapted from the Court to ICC arbitration, but its role was quite reduced in the process of enactment of its Rules. Accordingly, I examined the detailed roles of the Court to ICC arbitration in this paper and hereby suggest that the KCAB International Arbitration Rules shall be amended in the following ways: The Secretariat of the KCAB shall: fix advance on costs at the first stage and the costs of arbitration at the final stage of the proceedings; determine the number of arbitrators; review the prima facie of existence of arbitration agreement; confirm arbitrators; decide extensions related to time table, draft awards and correction and interpretation of the awards. I, also, suggest that the arbitral tribunals shall fix the place of arbitration and the language of arbitration and make a final decision on the validity of arbitration agreement. With regard to the International Arbitration Committee, it is desirable for its Rules to empower the Committee to recommend any prospective arbitrator and to review and decide challenge and replacement/removal of arbitrators.

• Journal of the Korean association of regional geographers
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• v.21 no.3
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• pp.461-473
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• 2015

The aim of this paper is to explore limits to the institutional formation and operation for network city as a case study of Daegu-Gyeongbuk Free Economic Zone (DGFEZ) in the introductory context. The legal and institutional framework of FEZ in Korea can be characterized by multi-dimensional, vertical or horizontal governance. However, in terms of its implementation process of DGFEZ, the density of the public-private network becomes relatively week, and consequently, the level of participation by local people was not institutionalized in a more collaborative way. With respect to the network city for DGFEZ, while at the initial stage its plan was highly focused upon the conceptual framework of the city, the process of its implementation was based upon a polarization strategy of individual unit and a performance-oriented type. Other evidence for it is that administrative organization in DGFEZ changed from development-based throughout investment attraction-focused up to region-based department. Therefore, there are limits to the institutional formation and operation for the network city in the context of DGFEZ.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.2
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• pp.77-85
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• 2018

Recently, many people have attempted to combine the 4th industry in various fields. Citizen participation has also become more important in the policy making and decision making process. Therefore, this study examined ways to encourage citizen participation by integrating the 4th industry in the field of urban planning and design. The research method was to design street space using virtual reality, and to examine the preference of design and the satisfaction of using a virtual reality device for Cheongju citizens and residents. The main result is that the use of VR in the design process of street space can achieve a sufficient outcome in terms of inducing resident participation. The opinions of the respondents before and after the VR experience were different from each other. After the VR experience, understanding, participation and interest in design were improved. On the other hand, during the course of the study, there are many difficulties in obtaining a place that satisfied the conditions of the PC-VR equipment. Although it can be used by connecting a smart phone and a VR device, the constraint of free movement and degradation of the graphic quality are inevitable. In addition, it is difficult to operate simple interfaces because VR devices are not yet popularized. Accordingly, it will be necessary to popularize and commercialize VR equipment and establish a legal basis.

• Research in Community and Public Health Nursing
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• v.8 no.1
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• The Journal of the Korea institute of electronic communication sciences
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• v.7 no.2
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• pp.287-293
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• 2012

It has been only few years that various contents information subject for information processing system has been remarkably increased in online. If we say the year 2000 is the technology based year when deluge of information and data such as real time sharing, the time since after 2000 until 2011 has been a period plentiful of application based functions and solutions. Also, as the applicable range of these information process systems extends, individual information effluence has been social issues twice in 2009 and 2010. Thus now there are continuous efforts made to develop technologies to secure and protect information. However, the range problem has been extended from the illegal access from outside to the legal access from internal user and damages by agents hidden in internal information process system and client system. Therefore, this study discusses the necessity for the studies on efficiency based information security by control of access to internal information and authority setting for administrator and internal users. Based on the result of this study, it provides data that can be used from SOHO class network to large scale for information security method.