• Title/Summary/Keyword: legal status

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The Actual State of the Creation and Management of Public Open Spaces of Major Buildings - Focused on Daegu-City - (대형건축물 공개공지의 조성 및 관리실태 분석 - 대구시를 대상으로 -)

  • Eom, Boong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.36-45
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    • 2011
  • Public open space(Gong-Gae-Gong-Ji) is an important part of the open-space system in an urban environment. Though part of the private sector, it has a significant public function as there are as always open to the free use of every citizen for rest and amenities. A field survey of the public open space of 71 major buildings was carried out to investigate the actual state of public open spaces in the city of Daegu. As a result of this investigation, several point of issues were discussed. In distribution by 'Gu', newly-emerging sub-centers of Daegu-City, such as Bug-Gu and Dalseo-Gu as well as downtown area have many public open spaces. By the use type of buildings, retail buildings such as shopping centers and SSM account for36.6%, business buildings21.1%, and residential and commercial complexes 15.5%, respectively. Location wise, the front areas accounted for the greatest amount(42.9%) with 1 in side area(20%), and 2 in the front/side area(20%), respectively. Degree of division was 1 spot type(45.7%), 2 division type(35.7%). The misuse of public open space for private use, such as shopping and parking lots, was26.6%. On the basis and analysis of the actual status, 6 improvement devices for public open spaces were suggested: 1) The improvement of the legal regulative system, 2) the establishment of design guidelines and strengthening of deliberation, 3) administrative and financial support, 4) periodic supervision and guidance, 5) installment of signs that shows the space is open for use to every citizen, and 6) the participation of citizens in management of public open space.

The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

Legal status of Priave Transaction Regarding the Geostationary Satellite Orbit (지구정지궤도의 사적 거래의 국제법상 지위에 관한 연구)

  • Shin, Hong Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.239-272
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    • 2014
  • The rights and obligations of the Member States of ITU in the domain of international frequency management of the spectrum/orbit resource are incorporated in the Constitution and Convention of the ITU and in the Radio Regulations that complement them. These instruments contain the main principles and lay down the specific regulations governing the major elements such as rights and obligations of member administrations in obtaining access to the spectrum/orbit resource, as well as international recognition of these rights by recording frequency assignments and, as appropriate, any associated orbits, including the geostationary-satellite orbits used or intended to be used in the Master International Frequency Register (MIFR) Coordination is a further step in the process leading up to notification of the frequency assignments for recording in the MIFR. This procedure is a formal regulatory obligation both for an administration seeking to assign a frequency in its network and for an administration whose existing or planned services may be affected by that assignment. Regulatory problem lies in allowing administrations to fulfill their "bringing into use" duty for preserving his filing simply putting any satellites, whatever nationlity or technical specification may be, into filed orbit. This sort of regulatory lack may result in the emergence of the secondary market for satellite orbit. Within satellite orbit secondary market, the object of transaction may be the satellite itself, or the regulatory rights in rem, or the orbit registered in the MIFR. Recent case of selling the Koreasat belongs to the typical example of orbit transaction between private companies, the legality of which remains doubtedly controversial from the perspective of international space law as well as international transaction law. It must be noted, however, that the fact is the Koreasat 3 and its filed orbit is for sale.

A Study on Policies for Conservation Measures Based on the Status and Issues of Conserved Remains (보존유적 현황과 문제 인식을 통한 보존조치 제도 연구)

  • So, Jaeyun
    • Korean Journal of Heritage: History & Science
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    • v.53 no.3
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    • pp.110-127
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    • 2020
  • The term "conserved remains" refers to cultural remains that are preserved in accordance with the valuation of buried cultural properties when important remains are recognized in rescue excavations during construction work. South Korea's rapid economic growth and ensuing land development over the past few decades compelled a sharp increase in the number of rescue excavation cases, and, naturally, of conserved remains. Today, an increasingly large number of conserved remains have raised issues, including those concerning land expropriation as well as the management and utilization of such remains, but no clear solutions have been proposed. This study attempts to propose plans for improvement based mainly on the recognition of institutional issues rather than technical issues related to the conservation of cultural remains. This is because the identification and review of institutional deficiencies must be prioritized in order to efficiently manage conserved remains with limited resources and manpower. Among many possible proposals to demand improvement of conservation policies, one that must first be examined under the current system is the rapid transition, or review thereof, of "conserved remains" to "designated cultural properties." Unlike designated cultural properties, conserved remains are merely a temporary means of conservation, because they lack regulations for follow-ups subsequent to preliminary measures. Naturally, deferring the definition of relics as "conserved remains" for extended periods causes numerous problems. Measures to resolve such problems may include establishing a legal system to manage conserved remains at a level similar to designated cultural properties or seeking ways to improve management under the current system. This study focuses on areas where institutional improvement for conserved remains is possible by methods other than through the rapid transition to designated cultural properties and presents several proposals. Currently, conservation measures are divided into three categories: on-site conservation, relocation conservation, and record conservation. This study reclassifies these categories from three into four categories. On-site conservation includes only two categories: conserved remains and the newly-proposed soil-covered remains. Two remaining categories, the relocation conservation remains and the record conservation remains, are presented as classifications in which development projects are possible, and they are presented as alternative conservation types that contrast with on-site conservation. Unlike conserved remains, soil-covered conservation presented as a new category in which development projects are possible.

Monitoring of Antimicrobial and Preservatives in Dentifrice (치약제 중 항균성분 및 보존제 조사 연구)

  • Lee, Seong-Bong;Kim, Beom-Ho;Jung, Hong-Rae;Lee, So-Hyun;Kwon, Hye-Jung;Bae, Ho-Jeong;Yoon, Mi-Hye
    • Journal of Food Hygiene and Safety
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    • v.31 no.4
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    • pp.272-277
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    • 2016
  • The purpose of this study was to investigate present status of use about antimicrobial agent (triclosan, ethanol) and preservatives (sodium benzoate, methyl p-hydroxybenzoate, propyl p-hydroxybenzoate) in dentifrice. 75 samples including 16 mouthwashes were analyzed in this study. Contents of triclosan and preservatives were analyzed using by HPLC and ethanol was analyzed by headspace-GC. Preservatives were detected from total 37 samples, which are suitable for the legal limits in Korea. Methyl p-hydroxybenzoate was detected from 26 samples (0.003~0.19%), propyl p-hydroxybenzoate was detected from 11 samples (0.002~0.02%) and sodium benzoate was detected from 14 samples (0.1~0.3%), respectively. Methyl p-hydroxybenzoate was detected from 6 samples (0.03~0.19%), propyl p-hydroxybenzoate was detected from 1 samples (0.01%) and sodium benzoate was detected form 5 samples (0.1~0.2%) in 20 dentifrice for children. Triclosan was not detected from 75 samples. Ethanol was detected from 16 samples (4.9~21.9%) in 19 samples; among them three samples showed the higher contents (20.5~21.9%) but ethanol contents was not labeled in these samples.

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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Social Perception on Gifted Education (영재교육에 대한 사회적 인식 - 신문기사 분석을 중심으로 -)

  • Kim, In-Hye;Park, Jung-Ok;Choi, Moon-Kyung
    • Journal of Gifted/Talented Education
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    • v.16 no.1
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    • pp.21-42
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    • 2006
  • The object of this research is to analyze the contents and amount of articles on gifted education in major daily newspapers dated January 1990 to December 2003, and to review the trend of social perception of gifted education with the passage of time. Following are the research question : 1. How many articles belonging to the same category appeared in the newspapers within the period of time covered by the study? 2. What kinds of articles appeared in the newspapers within the period of time covered by the study? To arrive at the answers to the problems mentioned above, 714 articles on gifted education. The period from 1990 to 2003 were divided into time frames of 5 years to facilitate the analysis of social consciousness regarding gifted education before and after the enforcement of the Early School Entering Law in 1995 and the Law for Promotion of Gifted Education in 2000. The researcher defined Period I as the years from 1990 to 1994, Period II from 1995 to 1999, and Period III from 2000 to 2003. The articles were classified by content which were significance and trend of gilled education, current policies on gifted education, information on gifted education, and social environment of gifted education. The results of the analysis are as follows: (1) The articles from 1990 to 2003 totalled 714. 130 articles were found within Period I, 213 within Period II, and 371 within Period III. Since the year 2000, when the Law for Promotion of gifted education was enforced, the amount of articles considerably increased. The articles on the trend of gifted education numbered 42 within Period I, 49 within Period II, and 81 within Period III, showing a huge increase in the last period. The articles on current policies numbered 56 within Period I, 77 within Period II, and 143 within Period III, numbering the most in the last period. This means that, even before the Law for Promotion of gifted education was enforced, there has been much interest in and discussion of the appropriate educational system for gifted children in preparation for the legal and institutional foundation of such system. Since the enforcement of the law, many institutions were established and the problem became an important social issue. The articles that most frequently appeared were about current policies on and status of gifted education. This category showed the largest numbers through all the three periods and on all the subjects. This subject represented 43.1% of the articles on gifted children within Period I, 36.2% within Period II, and 38.6% within Period III. As to the significance and trend of gifted education, this subject showed a decrease from 32.3% within Period I, 23% within Period II, and 21.8% within Period III. However, the articles in the category of information on gifted education gradually increased from they represented 5.4% of the articles on brilliant children within Period I, 7.5% within Period II, and 8.4% within Period III. The social environment articles showed an increase from Period I to Period II-- from 19.2% to 33.3%, but it went down to 31.3% within Period III. (2) As to articles on the trend of gifted education, there were many such articles found, mainly on researches and trends in other countries. As greater importance is accorded to gifted children and as the recognition of the necessity of providing specific education for them grows, more related studies are conducted and people try to adopt new trends from other countries. For the articles on the current policies of gifted education, most of them were about institutions. This means that many educational institutions have been established since the Law for Promotion of Gifted Education was enforced. Informative articles on gilled education were mostly about distinctive features of gifted children and how to tell who the brilliant children are. This fact shows the importance of identifying gifted children in order to educate them systemically and effectively.

Demand for the Radiological Technologist Independent Act for the Performance of the Duties of a Radiological Technologist (방사선사 직무수행을 위한 방사선사 단독법 제정에 대한 요구도)

  • Kim, Eun-Hye;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Moon, Young-Ju;Kim, Hoon;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Cho, Pyong-Kon;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.525-534
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    • 2021
  • In order to provide high-quality medical services to the public and contribute to the improvement of public health, it is necessary to enact an independent law according to the work of radiological technologists. Therefore, this study intends to review the regulations related to radiographers in the Medical Service Technologists, etc. Act. and to present opinions and directions for enactment of individual laws for radiological technologists. An online survey was conducted to 15,000 radiological technologists working in medical institutions and education sites in Korea; 1,027 people (6.85%) responded. The questionnaire consisted of 3 questions on demographic characteristics, 5 questions on the scope of work, and 12 questions on the revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological Technologist Independent Act. Reliability and factor analysis were performed on 9 questions measured on a Likert 5-point scale in "Revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological echnologist Independent Act" among the questionnaire items. Reliability for the total 9 questions was Chronbach α=0.728. There was a high perception that the regulations related to radiological technologists were insufficient in the current Medical Service Technologists, etc. Act., and the perception that examinations performed by radiological technologists at medical institutions were included in medical practice was high. If the Radiological Technologist Independent Act is enforced, a high percentage of respondents said that they could receive legal protection through the institutionalization of the scope of work, that the status of radiological technologists would be improved, and the scope of work would be expanded. The response that the scope of work of radiological technologists should be included was the highest at 96.6%. In the analysis according to demographic characteristics, it was found that 96.7% of the respondents were agreed regardless of the factors. Radiological technologists will have to work hard to secure the public health by coping with new radiology devices, procedures and treatment methods. Therefore, as the results of this study, it is expected that the enactment and implementation of the Radiological Technologist Independent Act will contribute to the improvement of the quality of treatment for patients and to the public health.

Dental Hygienist-Led Dental Hygiene Process of Care for Self-Support Program Participants in Gangneung (강릉시 자활근로사업 참여자 대상 치위생 과정 사례보고)

  • Yoo, Sang-Hee;Kwak, Seon-Hui;Lee, Sue-Hyang;Song, Ga-In;Bae, Soo-Myoung;Shin, Sun-Jung;Shin, Bo-Mi
    • Journal of dental hygiene science
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    • v.18 no.6
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    • pp.327-339
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    • 2018
  • This study aimed to provide basic data for establishing the clinical basis for dental hygienist-led dental hygiene process of care by identifying multiple risk factors for self-support program participants in Gangneung city; we also compared oral health status and behavioral changes through customized oral health care. Four dental hygienists who were evaluated for degree of conformity provided dental hygiene process of care to eight self-support program participants who were selected as having an oral health risk among people in the self-support center. The clinical indicators measured during dental hygiene assessment and evaluation and behavioral changes due to dental hygiene intervention were compared and analyzed. With respect to clinical indicators, at the time of probe, the retention rate of patients with gingival bleeding decreased from 61.4% to 14.7% after intervention (p=0.004). Furthermore, the retention rate of patients with a periodontal pocket >4 mm decreased from 15.6% to 5.8% (p=0.001). The average modified O'Leary index of the patients improved from 23 to 40 (p=0.002). Previously, all eight subjects used the vertical or horizontal method of brushing; after dental hygiene care interventions regarding method and frequency of toothbrushing, use of oral care products, and individual interventions, they started using the rolling or Bass method of toothbrushing. Four of eight subjects reported using interdental toothbrushes after intervention. As a result of applying the change model to the transtheoretical behavior change of the subject, the result of strengthening the health behavior was confirmed. For promotion of oral health by the prevention-centered incremental oral health care system, dental hygienist-led dental hygiene management and maintenance is essential. It is thought that continuous research, such as for feasibility evaluation, cost benefit analysis, and preparation of legal systems, is needed to establish and activate dental hygiene management.

The Current Status and Prospect of Presidential Records Management (대통령기록관리의 현황과 전망)

  • Zoh, Young-Sam
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.283-322
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    • 2009
  • Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.