• Journal of Korean Society of Disaster and Security
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• v.12 no.3
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• pp.59-67
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• 2019

In this study, the UAV (Unmammed Aerial Vehicle) was applied for the photogrammetry of the construction site and the safety management of steel pipe scaffold. The research site is a temporary facility for building reinforcement on Samcheok Campus of Kangwon National University. The installation condition of the steel pipe scaffold was investigated, and the pillar distance, the beam distance and the wale distance were surveyed. As a result, it was found that the beam distance of the scaffold in the longitudinal direction was in good agreement with the standard, but the pillar distance and the wale distance were found to be less than the standard. Three-dimensional data can be used in drone shooting to enable three-dimensional measurement, so that it is possible to measure facilities hidden or located inside other facilities. Through the drone shooting, the condition of the site can be quickly recorded and the surveying can be carried out without interfering with the work of the field personnel. Although the installation of the temporary structure must be strictly observed to ensure the safety of the workers, it is found that the installation standards are still neglected in the field. In order to prevent this practice, it was thought that the legal system should be supplemented so that it could be checked periodically by using UAV in the field process management.

• Korean Security Journal
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• no.10
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• pp.293-322
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• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• Journal of Environmental Impact Assessment
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• v.16 no.6
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• pp.511-524
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• 2007

Korea has 30 years of experiences in environmental impact assessment (EIA). Although EIA includes sanitation-public health factor, considering health impacts, among 74 unit projects of 17 sections, health impacts haven't been properly considered or have been ignored in many cases. The increasing awareness on the importance of health impacts has triggered this study to seek an optimal introduction scheme of health impact assessment (HIA). The processes of EIA already include screening, scoping, analysis, impact assessment, consultation, document review, decision making and monitoring, in which they would be the essential parts of HIA. In this context, integrating HIA into the existing EIA process could be the most effective way to use the benefits in both legal and procedural processes existed and to avoid the confusion and overlapping since the close relationships between environment and health impacts might be. Furthermore, it is desirable that the existing sanitation-public health factor should be substituted by and extended to environment-health factor with sufficient determinants to properly consider health impacts. When considering the first step of HIA, the prospective and qualitative approach is suitable more than the retrospective and quantitative one due to the lack of database accumulated. Similarly, an approach based on epidemiology and toxicology could analyze the limited evidences and impacts related to human disease, whereas one based on socio-science and psychology could provide the effective means available for predicting how the people and community will act by the change of surroundings. Checklist approach with various and comprehensive health determinants focused on prospective and qualitative methods will be very useful for more convenient and progressive dissemination of HIA. Various checklist approaches of toolkits could be found from HIA documents elsewhere, for example Westminster Toolkit, and they would be helpful to figure out how to develop common procedures and health determinants for checklist, in which the unique characteristics on korean cultural and political context compared to abroad should be carefully considered since checklist would be the most basic and essential part of HIA. After the establishment of checklist and procedural processes, the pilot projects should be conducted. Main purpose of pilot projects is to apparently prove the effectiveness and profitability of HIA. Pilot projects should be implemented to decide the effectiveness and suitability of HIA for future projects, programs and policies, and should be provided as the positive cases that can be achieved through the proper implementation and progress.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.12
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• pp.262-269
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• 2016

This study examined the influent of a sulfur denitrification reactor using nitrified effluent from a batch type reactor. The denitrification efficiency was compared according to the injection type. The nitrogen removal effects were compared with the changes in the EBCT and nitrogen concentration of the influent to determine the optimal operation conditions with the selected injection type. A denitrification efficiency evaluation of a reactor according to the change in injection type and up-flow was performed using a lower organic concentration of the effluent than the down-flow because of the re-precipitation of desorbed microbes and spilled solids. In the up-flow type, organics were controlled by the low concentration than the down-flow type because of solid re-precipitation. The T-N removal efficiency of the up-flow type was 73.3~90.2%, which was more that 10% higher that down-flow type. This means that the up-flow type has a great advantage in removing T-N and organics. The T-N removal efficiency by EBCT at 1hr was 47.3%, and was 88.1% and 90.5% by EBCT 3hr and 5hr, respectively. Therefore, the optimal operation conditions to remove nitrogen was considered to be EBCT for 3hr. After careful consideration of rule of law and T-N removal effects, the T-N load factor in the reactor should remain below $0.443kgT-N/m^3{\cdot}day$ to maintain the legal total nitrogen concentration for discharge, which is 20mg/L.

• Korean Security Journal
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• no.49
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• pp.217-246
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• 2016

Most of the North Korean defectors are the socially disadvantaged, and formed the lowest class in South Korean society. Their main objectives are to achieve economic wealth. In this process, North Korean defectors have often committed the crime or have been criminal victims. The purpose of this study was to propose the effective preventive measures after analyzing the actual situation of North Korean defectors in criminal behaviors and criminal damages. This research has studied of the literature on the criminal behavior and the criminal damage by North Korean defectors, utilized the relevant statistical data, cited the news for the relevant cases, and proposed the effective preventive measures of criminal behaviors and criminal damages of North Korean defectors by doing in-depth interviews with personal protection officer First, in order to prevent criminal activity by North Korean defectors, we should uplift the identity as the members of Korean society, systemize the initial adapt education, enlarge the employment protection and the resettlement helper system, manage North Korean defectors according to adaptive type, develop the network, establish the management department for the defectors, strengthen the training of prison inmates, and strengthen the management of unprotected people. Next, in order to prevent the criminal damages of North Korean refugees, we should manage vulnerable North Korean defectors effectively, maintain the liaison between the personal protection officer and North Korean defector, arrange the personal safety measures in advance when traveling abroad, enhance the legal education for usual living in Korean society, and perform the re-education for the female socialization.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.336-345
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• 2020

Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

• Convergence Security Journal
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• v.15 no.2
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• pp.69-80
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• 2015

The present study was conducted with aim for establishing the framework of integrated veteran policy for unified Korea through the analysis of the North Korea's veteran policy. For the purpose, this study reviewed the legal system and implementation process concerning the North Korea's veteran policy and analyzed the establishment of fundamental framework of unification and the implications from the North Korea's veteran policy for unified Korea. The review of the North Korea's veteran policy covered the beginning of the North Korea's veteran policy to the present. Based on the findings of the review, this study revealed the necessity of re-establishing the principle of veteran policy in preparation for unification and proposed a plan for unified veteran policy. The results from this study are expected to be a meaningful milestone to unified veteran policy after unification. It is reasonably expected that there will remain considerable differences and conflicting factors, which could block the path to national integration, between two countries and their peoples after unification. Therefore, it is more important to make a thorough preparation and form social consensus than any other. In this respect, national policy for veterans should go back to basics and be reviewed to be ready for unification. Although different in time, the North Korea's veteran policy was and is the base of the nation's system and source engine for development every period. Re-designing the principle of veteran policy should reflect both symbols of the unified nation and the national identity, but also of socially integrated spirit. Therefore, it must include the spirit of patriotism and awareness of national security. Furthermore, as for the integration of veteran policies for unification, it is especially important for two countries to possess and share common historical consciousness. The unified veteran policy should be integrated on this base.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.175-185
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• 2013

Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.9-21
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• 2013

Purpose : The purpose of this study was to analyze the history and characteristics of laws and regulations of the medical and pharmaceutical system in Korea-focusing on the Korean (Oriental) medical and pharmaceutical system-from the modern period to the early days of the Republic. We reviewed how traditional notions and categories of Oriental medicine, which were regarded as experiential and conventional, became part of the current dualistic medical and pharmaceutical system, and examined problems and effects during the course of positioning. Methods : We classified the development of the medical and pharmaceutical laws and regulations chronologically, from the Korean Empire to the beginning of the Republic. The abolishment of the traditional medical system that was based on laws and regulations of the Joseon Dynasty, the implementation of dualistic medical system in the Korean Empire, the attempt to demolish Korean (Oriental) medicine under the Japanese colonial rule, and the process of developing a statute-based continental law system were thoroughly reviewed. Results : Although the dualistic medical system was specified in legislation via the enactment of the National Medical Services Law in 1951, we found that it was actually enacted in 1963, when the laws and systems regarding the educational institution of Korean (Oriental) medicine were stably established. Moreover, the dualistic pharmaceutical system was specified in legislation through the partial amendment of the Pharmaceutical Affairs Act in 1994, but we concluded that the actual enactment was rather in 2000, when the first Korean (Oriental) pharmacist was produced. Discussions and conclusions : An effort to establish a dualistic medical system of Korean (Oriental) medicine and Western medicine during the Korean Empire bore fruit a few decades later, after the Republic of Korea was founded. It means the basis for the legal system finally took shape in spite of the numerous attempts during the Japanese colonial era and the beginning of the Republic to abolish Korean (Oriental) medical and pharmaceutical system.