• Title/Summary/Keyword: relevant Act

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Legal review of public officials' leave of absence for law school enrollment training

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.189-197
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    • 2022
  • It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

Analysis of the Operation of Fire Observers in the Domestic Manufacturing Industry - Focusing on the Revised Occupational Safety and Health Act (국내 제조업 화재감시자 운영 실태 분석 - 개정 산업안전보건법 중심)

  • Kyung Min Kim;Yongyoon Suh;Jong Bin Lee;Seong Rok Chang
    • Journal of the Korean Society of Safety
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    • v.38 no.3
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    • pp.77-84
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    • 2023
  • Welding and cutting, which are representative tasks in handling firearms at industrial sites, are the basis for production and maintenance processes across all industries. They are also essential in the root industry. Specifically, they are widely used in the manufacturing industry, including equipment industries such as shipbuilding, automobiles, and chemicals, and subsequent maintenance work and general facility repair. However, such hot work carries a high fire risk owing to sparks scattering and inadequate management, resulting in a high occurrence of accidents. In response, the government and relevant organizations have recently revised the Occupational Safety and Health Act to prevent accidents during hot work. These revisions impose more stringent regulations than before, which are expected to help prevent actual fire accidents. However, whether the fire observer system, which is the core element of the revision, would be practically applied and maintained is unclear. Therefore, this study compared the fire observer system in the revised Occupational Safety and Health Act with those in the laws and systems of developed countries, conducted interviews with safety and health experts to assess the suitability of the new system for fire observer operations, and improvement plans were derived accordingly. Therefore, the laws and systems of developed countries grant more authority to fire observers compared with those of Korea. Moreover, professional training in handling emergency is required. Interviews with safety and health experts revealed that regardless of company size, the same operating standards were applied, and standards for deploying fire observers in various locations were unclear. Furthermore, there was a lack of professional education and training, and the role and authority of fire observers were limited. These findings revealed a problem in this sector. The results of this study are expected to serve as basic data for establishing a practical system for placing fire observers and supplementing laws, guidelines, and systems for preventing fire accidents.

A Study on Extending of the Addressable Object of Address of Things (사물주소 부여대상 확대 방안 연구)

  • Yang, Sungchul
    • Journal of Cadastre & Land InformatiX
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    • v.54 no.1
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    • pp.75-87
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    • 2024
  • There There is a difference in terms of administrative power in that the address of things are not an address under Public Act. In terms of location expression, it is possible to express the location more flexibly and in more detail than the road name address, so it should be improved so that it can be assigned and managed in an appropriate location, so that the location of the entire territory can be expressed together with the road name address. As a result of the comparison between the road name address and the address of things based on the analysis results of related laws such as the existing Road Name Address Act, the Building Act, and the Regulations on the Preparation and Management of Basic Address Information, it was confirmed that there are fundamental limitations of the address of things system. Accordingly, this study attempted to suggest ways to improve the address of thing system by broadly dividing it into the legal aspect and the addressable object aspect. From the legal point of view, firstly, it is necessary to improve the upper and lower level laws by unification together with a clear definition of the term subject of addressable object; secondly, according to the Building Act, facilities that are not used for residence among buildings must be given an address of thing; and thirdly, it is necessary to make it easy to use and link with heterogeneous public data by classifying the registration items of the basic address information map by type of geographical feature to be assigned an address. From the point of view of addressability, firstly, it must be given to all facilities in the relevant category so that it can be recognised that all specific facilities have object addresses, and secondly, it is necessary to be able to address the address of things to places that are used by many, even if there are no facilities.

The Impact of CPO Characteristics on Organizational Privacy Performance (개인정보보호책임자의 특성이 개인정보보호 성과에 미치는 영향)

  • Wee, Jiyoung;Jang, Jaeyoung;Kim, Beomsoo
    • Asia pacific journal of information systems
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    • v.24 no.1
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    • pp.93-112
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    • 2014
  • As personal data breach reared up as a problem domestically and globally, organizations appointing chief privacy officers (CPOs) are increasing. Related Korean laws, 'Personal Data Protection Act' and 'the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.' require personal data processing organizations to appoint CPOs. Research on the characteristics and role of CPO is called for because of the importance of CPO being emphasized. There are many researches on top management's role and their impact on organizational performance using the Upper Echelon theory. This study investigates what influence the characteristics of CPO gives on the organizational privacy performance. CPO's definition varies depending on industry, organization size, required responsibility and power. This study defines CPO as 'a person who takes responsibility for all the duties on handling the organization's privacy,' This research assumes that CPO characteristics such as role, personality and background knowledge have an influence on the organizational privacy performance. This study applies the part relevant to the upper echelon's characteristics and performance of the executives (CEOs, CIOs etc.) for CPO. First, following Mintzberg and other managerial role classification, information, strategic, and diplomacy roles are defined as the role of CPO. Second, the "Big Five" taxonomy on individual's personality was suggested in 1990. Among these five personalities, extraversion and conscientiousness are drawn as the personality characteristics of CPO. Third, advance study suggests complex knowledge of technology, law and business is necessary for CPO. Technical, legal, and business background knowledge are drawn as the background knowledge of CPO. To test this model empirically, 120 samples of data collected from CPOs of domestic organizations are used. Factor analysis is carried out and convergent validity and discriminant validity were verified using SPSS and Smart PLS, and the causal relationships between the CPO's role, personality, background knowledge and the organizational privacy performance are analyzed as well. The result of the analysis shows that CPO's diplomacy role and strategic role have significant impacts on organizational privacy performance. This reveals that CPO's active communication with other organizations is needed. Differentiated privacy policy or strategy of organizations is also important. Legal background knowledge and technical background knowledge were also found to be significant determinants to organizational privacy performance. In addition, CPOs conscientiousness has a positive impact on organizational privacy performance. The practical implication of this study is as follows: First, the research can be a yardstick for judgment when companies select CPOs and vest authority in them. Second, not only companies but also CPOs can judge what ability they should concentrate on for development of their career relevant to their job through results of this research. Cultural social value, citizen's consensus on the right to privacy, expected CPO's role will change in process of time. In future study, long-term time-series analysis based research can reveal these changes and can also offer practical implications for government and private organization's policy making on information privacy.

A Study on the Analysis and Direction for Revision of the Small Library Ordinance in Gyeonggi-do (경기도 작은도서관 조례 분석 및 개정방향에 관한 연구)

  • Choi, Manho;Noh, Younghee;Chang, Rosa;Kim, Yoonjeong
    • Journal of Korean Library and Information Science Society
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    • v.51 no.2
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    • pp.187-212
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    • 2020
  • It is expected that Gyeonggi-do Small Libraries will increase in quantity in the future due to the current SOC complex project being implemented by the government, and it is deemed that institutional and policy support must be provided with priority in order for the Small Libraries to grow qualitatively through the implementation of substantial measures. Based on the findings of this study, the reform measures proposed to revitalize Gyeonggi-do Small Libraries in terms of ordinances as follows: ① strengthen the library law and business promotion related to Small Libraries; ② enact the mandatory library law provisions for the installation of and support for Small Libraries; ③ even if there are relevant provisions in the 「Library Act」, the local governments' Small Libraries Support Ordinances should at least simply state that they must meet the criteria specified in the 「Library Act」; and ④ provisions on the number and qualifications of operating personnel of Small Libraries reflecting the number of users and the size of collections of books of Small Libraries of cities and counties.

A Study on the Directions of Effective Farmland Use Planning (효율적인 농지이용계획수립 방향에 관한 연구)

  • 임상봉
    • Journal of Korean Society of Rural Planning
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    • v.1 no.2
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    • pp.77-92
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    • 1995
  • The initiative to determine farmland use has been transferred to local side under the decentralized government system in Korea. New Land Act and Rural Development Act support it. Changes in external and internal environments of Korean agriculture require to diversify farmland use. Lpcal development plan may be implemented when specific farmland use plan is prepared. However, (armland use planning has not been prepared by the local governments yet. This study aims to identify problems encountered in current farmland use and suggest directions of effective and reasonable farmland use planning relevant to local conditions. Questionnaire method was used to prove topographical differences of community land demand, Statistical analyses show that farmers desire to utilize marginal farmland for income increase. Growing grass(42.0%) and cash crops(41.7%) was greatly demanded by them. They were generally eager for developing touristic farm (52.1 % ). By topographical characteristics, the eager was greatest in coastal areas, on the contrary, it was relatively low in mountainous areas. There were more farmers who want to expand their farmland in rice farming(48.4%) or rice-horticulture farming(46.9%) areas. Potential retirer among farmers were most in suburban areas, However, it was expected that there would be the highest retirement rate in rice farming areas because of the high rate of aged farmers. Farmland use planning should be incorporated into food production policies and community people's needs for income increase and life improvement. Agriculture promotion areas must be maintained for scale optimized farming and cash crop farming as much as possible. However, minimum portion for other uses in each village or farming community unit should be adopted. Less favored areas will have to be utilized for both agriculture and non-agriculture uses. Priority can be put into touristic resorts as a non-agriculture use. Furthermore, such areas can be used for sustainable agriculture as well as for residence, industry, animal breeding.

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Buyer's Right of Rejection and Revocation of Acceptance under the Uniform Commercial Code Compared with English Law (UCC상 매수인의 물품거절 및 승낙 철회권의 영국법과의 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.3-36
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    • 2005
  • Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

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Suggestion on Korean Internet governance system by multi stakeholder approach and Introduction of Korean Internet address law (한국 내 인터넷 거버넌스 형성과 인터넷주소에 관한 법률)

  • Yun, Boknam
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.68-77
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    • 2013
  • This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

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Reformation of Legislation and System for Improving Seoul Metropolitan Railway Transfer Center and Connection Transportation Facility (수도권 광역철도역 환승센터 및 연계시설확충을 위한 법제도 개선방안)

  • Kim, Si Gon;Kim, Ji Yeon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.1
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    • pp.119-124
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    • 2017
  • In this paper, 18 railway stations in Gyunggi-do are selected as metropolitan transfer centers out of 203 stations based on three elements. They are the number of passengers, the level of connection transport, and the level of relevant plans. For 18 stations the level of service (LOS) is analyzed for connection transport system. As a result, half of them are found to be below LOS "D". In order to maximize the use of those railway stations, a method is proposed to upgrade the level of service to "C" above. Finally, the improvement plans are suggested for two acts. In the Special Act on Metropolitan Traffic Management of the Metropolitan Region, the central government financial support ratio is suggested from 30% to 50%, from "necessary costs" to "total costs." In the Act on National Integrated Transport System Efficiency, 50% for connection road and 70% for connection raiway are suggested.

Study on the Introduction of Tram Driving Qualifications (트램 운전자격제도 도입방안 연구)

  • Choi, Yang-Gyu;Lee, Jong-Seock;Baek, Joo-Hyun
    • Journal of the Korean Society for Railway
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    • v.18 no.2
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    • pp.94-104
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    • 2015
  • Trams are rail vehicles that run on tracks along public, urban streets; they also sometimes run on separate rights of way. Tram vehicles run more efficiently and their overall operating costs are lower than those of similar vehicles. In general, trams provide a higher capacity service than buses. However, when tram stops in the middle of the road do not have pedestrian refuges, trams can cause speed reductions for other transport modes (buses, cars), as in such configurations other traffic cannot pass whilst passengers are alighting from or boarding the tram. In this study we examined the qualifications of overseas tram operation. The Railway Safety Act, sub-laws, and other relevant laws were examined to determine complementary measures.