• Title/Summary/Keyword: obligation

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The legitimacy and directions of legislation for the protection of citizens against nuclear, biological and or chemical attack under war conditions (전시 화생방위험으로부터 국민을 보호하기 위한 법제정 정당성 및 입법방향)

  • Baek, Oksun
    • Journal of the Society of Disaster Information
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    • v.10 no.2
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    • pp.294-303
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    • 2014
  • The state has the constitutional duty to secure the safety of its citizens and provide protection against any physical dangers. The Republic of Korea has a high threat of nuclear, biological and or chemical(hereafter referred to as NBC) attack from the Democratic People's Republic of Korea. Thus, the state has a responsibility to form a legislation to provide the protection for its citizens and implement duty to guarantee the human rights. Under the current legislation, the 'United Defense Act', 'Framework Act on Civil Defense' that are applied under wartime conditions are insufficient in providing the protection of the citizens of the state in the occurrence of NBC attack. Therefore, it is necessary that the 'Act for the Protection of Citizens in the occurrence of NBC Attack' is legislated to provide a system that protects the nation's citizens under the wartime conditions mentioned above. This paper incorporates a theoretical analysis of the need for the constitutional responsibility of the state to provide protection for its citizens under wartime conditions, the necessity of a specific measure to protect citizens during NBC attack, the relationship between 'Act for the Protection of Citizens in the occurrence of Nuclear, Chemical and or Biological Attack' and current legislations that are applied under wartime conditions, and the particulars of the proposed act.

Successful Marriage Adaptation of Korean Husbands Who are Multicultural Families (다문화가정 한국인 남편의 성공적인 결혼적응)

  • Jeong, Hye-Won
    • The Journal of the Korea Contents Association
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    • v.17 no.5
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    • pp.337-356
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    • 2017
  • The purpose of the research is to explore the main cause and effect of successful marriage that Korean husbands, who are multicultural families had. To do the research, the experiment has been done with 7 husbands for 2 months. The 7 husbands took depths interview and analyzed the result by grounded theory approach. As a result, the husband experienced 'repentance of marriage' because of 'unready marriage', but 'Raising children', 'Helping housework' and 'recognition from friends and colleague' have affected the husbands to have a successful marriage adaptation. Based on the result, a political and practical proposal has been proposed to the Korean husbands who are multi-cultural family. Here are the examples of the proposal. As a social welfare policy, 'obligation of information offering for prospective spouse', 'following the Labor Standards and parental leave', 'expansion of visiting supervise system' and 'making guidance for husbands and distribute map of Immigration Office, Multicultural Family Support Center and Community Center' have proposed. And as an alternative plan for a practical social welfare policy and continuous social awareness improvement, 'various education program', 'a program with domestic married couple', 'a program with parents-in-law', 'a specific program to increase the housework participation for husbands' and necessity of development and practice of group program for husband have been emphasized.

A study of Airport ground Service staffs on behavior factors turnover of the organization -Focusing on the mediating effect of organizational commitment- (공항 지상직 서비스 근무자의 이직행동 요인에 관한 연구 -조직헌신의 매개효과를 중심으로-)

  • Lee, Young-Suk;Lee, Jung-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.10
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    • pp.147-157
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    • 2016
  • The opening of a second new airport is urgently needed to meet the growing number of visitors to Incheon International Airport. This study focused on effectiveness of mediating effects on the dedication to organization in order to determine why manpower resources of the airport service sector should take job-changing into account and to focus on staff who provide service to customers visiting Incheon International Airport management of airport service quality by providing a better service and preventing them from leaving their job. The results show that, first, only obligation conflicts and heavy workload affect the dedication to organization in terms of task-related causes. Second, compensation and relationships with seniors also affect the dedication to organization in terms of organization-related causes. Third, if more dedication is required, more employees will leave their job. Fourth, role conflict is the only reason to leave the job related to task. Fifth, only compensation and decision making affect the cause of the dedication to organization. The employer urgently needs to make a system to develop a relationship with colleagues and seniors, make a better work environment so that employees can work for a longer period and monetary or valuable compensation should be provided as indicated above in order to keep them employed.

A Study on Spam Regulation (스팸규제에 관한 연구)

  • Baek, Yun-Chul
    • Journal of Information Management
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    • v.38 no.4
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    • pp.48-67
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    • 2007
  • The economic burden which our society has to take exceeds the benefit that it becomes by the free circulation of information. Problems such as inconvenience or inequality between people can also occur since the regulation task of spam e-mail or SMS is imposed on two organs; the Department of Information and Communication and Free Trade Commission. The dualization of regulation separates related laws, which makes exception according to the $\ulcorner$Law on Information Communication Usage and Information Protection$\lrcorner$ or poses double regulation toward the same case. The spam prevention activity at free hands of information communication network provider such as portal site or mobile communication has many limitations along with comparison and analysis of spam regulations abroad. Therefore, examinations on legal obligation such as service restriction, identification and technical measure to spam prevention is needed. This study focuses on making the scope of spam regulation clear by considering the domestic related laws and the general environment of industry, on enacting law which regulates spam including advertisement and on deducting essential facts in enacting or modifying related laws and thus, deducting the form and contents of spam regulation law which is most decent in our domestic environment.

A Study on Improvement Plan of Teacher Librarians' Placement after the Revision of the Enforcement Decree of School Libraries Promotion Act (개정 학교도서관진흥법 시행 이후 사서교사 배치 및 양성에 대한 연구)

  • Kang, Bong-Suk;Park, Juhyeon
    • Journal of Korean Library and Information Science Society
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    • v.50 no.3
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    • pp.239-259
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    • 2019
  • The purpose of this study is to find a better way for placement of teacher librarians after the revision of the Enforcement Decree of School Libraries Promotion Act. To do this, the literature research is applied for reviewing the policy and current status regarding the placement of school librarians. The Ministry of Education announced its willingness to secure the number of job openings for librarian teachers through the midium and long-term plan in the 3rd School Library Promotion Basic Plan. It is analyzed that 323 new teacher librarians need to be recruited every year, after estimating the demand for recruitment of teacher librarians by 2030, considering the 3rd school library promotion basic plan. Schools in Gyeonggi Province and Daegu with no school library personnel exclusively in charge of libraries have been allocated with temporary teacher librarians, as an attempt to comply with the legal obligation to place exclusive staff for libraries, faced with practical challenges of recruiting new teacher librarians in a limited amount of time. But survey through questionnaire method shows only 69 out of 122 survey participants, which account for 56.6%, have proper teacher librarian licences. According to the analysis of teacher librarianship status, only 146 people were trained in 2019. As a result, the field demand for librarian teachers surged, but it was found that the conditions for training excellent librarian teachers have not been provided. Therefore, it is necessary to actively prepare a way to secure a certain level of qualification holders with the qualifications of excellent teacher librarians.

A Comparative Study on Requirements for the Buyer's Right to Withhold Performance for the Seller's Actual Non-Performance under the CISG and the CESL

  • Lee, Byung-Mun;Kim, Dong-Young
    • Journal of Korea Trade
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    • v.24 no.8
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    • pp.101-120
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    • 2020
  • Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

Changes in Child Care Compensation Criteria by the German Constitutional Court (독일 연방헌법재판소에 의한 자녀 양육비 보상 기준의 변화)

  • Lee, Shinyong
    • 한국사회정책
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    • v.25 no.2
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    • pp.165-189
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    • 2018
  • Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

A Study of the Experiences and Changes of the Self-Sufficient Centers that Converted the Centre Corporation into Social Cooperative (지역자활센터의 사회적협동조합 전환과정과 변화에 대한 연구)

  • Baek, Hakyoung;Kim, KyoungHuy;Han, Kyounghoon
    • 한국사회정책
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    • v.25 no.4
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    • pp.265-299
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    • 2018
  • The pilot project for type diversification of self-sufficient support center that convert the centre corporation into social cooperative was introduced in 2015. That aimed to increase the number of participants of self-sufficient programmes and to create more jobs for the working poor through expanding the center's autonomy of usage of budget and arrangement of self-sufficient programmes. This study analyzed the organization transmitting processes and changes of the centers took part in the pilot project, then aimed to suggest the improvement schemes to be helpful for reinforcing positive efforts and removing obstacles in the process converting. The results show that converting into social cooperative is a choice for the sustainability of the centers led by surroundings rather than self-initiated plan. There are some positive changes that are increasing the enterprising spirit and obligation of the center staff. Further more, the cooperation with other community organizations is enhanced based on achieving regional recognition, and support of local governments and the opportunity for new businesses are expanded. However, these are very limited in the regions where social economy is undeveloped. Eventually, we should seek the development schemes of the pilot project considering the reduction of the number of participants in self-sufficient programmes and decreasing of their ability to work, even if some positive aspects are revealed.

Paradox, Impossibility or Superabundance - Theories of Gift of Mauss, Derrida and Ricœur (역설, 불가능성 혹은 넘침 - 모스, 데리다, 리쾨르의 선물론 -)

  • Byun, Kwang-bai
    • Cross-Cultural Studies
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    • v.52
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    • pp.1-29
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    • 2018
  • The notion of 'gift' is one of the effective and fruitful codes for understanding Western civilization. In this study, we will shed light on several meanings, especially by comparing among the three French philosophers that expressed interest in this notion: they are Mauss, Derrida and $Ric{\oe}ur$. Called "father of French ethnography", Mauss claims, in his famous article "Essay on the Gift", that the gift is paradoxically a kind of economic exchange dominated by three obligations: to give, receive, and return. But he strives to establish a moral theory based on the obligation to give. Under the influence of Mauss, Derrida deconstructs the theory of Mauss by devoting attention to 'time', one of the determining elements in studies on the gift. Derrida observes that the gift is established just at the extremely short moment of emergence of the act of giving and that this act is transformed into an economic exchange with passing of time. From it, the impossibility of the gift is derived despite its concrete and real emergence and existence. Under the influence of Mauss, $Ric{\oe}ur$, for his part, is interested in the notion of giving as part of the dialectic between 'love' and 'justice'. According to him, whereas justice is dominated by the economy of gift, namely the logic of equivalence, love, by the logic of 'superabundance'. He focuses on establishing 'Supra-ethics' by considering the fact that the gift is at the core of his religious and philosophical vision. Finally, let us point out that in $Ric{\oe}ur$, this notion of gift ('don') is closely linked to forgiveness ('pardon'), that holds in it the secret of understanding regarding the 'fallible' and 'capable' man.

The Enactment of Record Management Act and the Reform of the National Assembly Record Management System(1999~2008) (기록물관리법의 제정과 국회기록관리체제의 개편(1999~2008))

  • Lee, Seung-Il
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.37-89
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    • 2008
  • The record management system of the National Assembly was remarkably reformed as 'Record Management Act' was enacted in 1999. At first, the records of the National Assembly had been managed by the general services division, the proceeding division and the stenograph division. But as Record Management Act was enacted, the system was remarkably reformed. 'The National Assembly Archives' was set up for the first time since the National Assembly was established in 1948. In addition, the proceeding division and the stenograph division were set up as 'the National Assembly Record Management Rules' were laid down. In result, The National Assembly Archives took to comprehensively manage records that had been scattered over 'the National Assembly Secretariat', 'the National Assembly Library' and otherwise, and so it had been true to its name. The two changes, the enactment of Record Management Act and the reform of the National Assembly record management system, well show how national records are managed by constitutional institutions. 'Governmental Document Regulations' was enacted ahead of Record Management Act, but there was no obligation to apply it to the National Assembly. But Record Management Act, enacted in the form of 'a law' in 1999, began to be in force even in constitutional institutions and therefore the National Assembly felt the need to take follow-up measures so as to bring the act to effect smoothly. As a part of follow-up measures, the National Assembly set up The National Assembly Archives and reformed the National Assembly Record Management Rules. This study was performed to ascertain how Record Management Act affected the National Assembly, how the National Assembly coped with the act, and how the record management system of the National Assembly changed.