• Journal of The Korea Institute of Healthcare Architecture
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• v.24 no.4
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• pp.37-45
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• 2018

Purpose: The purpose of this study is to suggest directions for improving Authentication Of A Barrier-Free Living Environment(BF) of passenger facilities. Methods: We examined the parts (terms, Authentications, and dimensions) where the difference in the legal standards between the relevant items in the "ACT ON GUARANTEE OF PROMOTION OF CONVENIENCE OF PERSONS WITH DISABILITIES, THE AGED, PREGNANT WOMEN, ETC." and the "ACT ON PROMOTION OF THE TRANSPORTATION CONVENIENCE OF MOBILITY DISADVANTAGED PERSONS", which are the basis of Authentication of BF for buildings and passenger facilities. We also mention the differences by comparing and analyzing Authentications of BF. In addition, we survey the current status of passenger facilities in Korea that have been granted and not granted Authentication of BF of passenger facilities. and we describe improvement directions of Authentications of BF. Implications: Improvement of Authentications of BF should be made in accordance with relevant laws, and improvement of Authentications of BF to reflect various situations in the field is needed. Authentications of BF according to the type of passenger facilities should be distinguished.

• The Journal of the Convergence on Culture Technology
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• v.7 no.3
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• pp.545-552
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• 2021

Under the Act amended on August 4, 2011, a special fire-fighting investigation was conducted by the relevant person (owner, manager, oil refineries), and the responsibility was also given to the relevant person. Instead of directly entering all existing fire-fighting targets and investigating the maintenance and management status of fire-fighting facilities, the fire-fighting agency selects and visits some targets every year, checks the maintenance and management status of fire-fighting facilities, corrects them, and imposes fines, etc. Reasons for the introduction of the system were the establishment of a private autonomous correction system by strengthening the responsibility of officials, lack of firefighting professionals, possible corruption due to frequent public contact, and responsibility of fire agencies. However, many problems arose even after the introduction of a special fire investigation system. A special fire investigation, one of the fire safety systems, checks whether related public officials and especially fire officials are properly installed, maintained and managed in accordance with relevant laws. Special firefighting investigations were introduced as firefighting inspections at the time the firefighting law was enacted in 1958, and have undergone a revised process more than 30 times until recently. Firefighting Facility Installation, Maintenance and Safety Management Act", the existing firefighting inspection was changed to a special firefighting investigation and accepted. At the time of enactment of the Fire Service Act in 1958, a special firefighting investigation was introduced as a firefighting inspection, and until recently, more than 30 revisions have been made. In 2003, as the existing fire fighting system was divided into four laws, it was approved by changing the existing fire fighting inspection to a special fire fighting investigation in the "Fire Fighting Facility Installation, Maintenance and Safety Management Act".

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Korean Society of Archives and Records Management
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• v.14 no.1
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• pp.53-73
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• 2014

The study aims to analyze the Public Data Act and provide alternative strategies for public data management. It conducts an extensive literature review based on a multidisciplinary approach and discusses the terms, public data and synonyms from the Public Data Act, and other related laws while also studies and traces the history of related regulations. The significance of the Public Data Act is analyzed and the major contents of the Act are examined, particularly, the contents that describe relevant committees. As a result, the article discusses five issues: relation between regulations, ambiguity of decision-making standards, 'professionality of a public data supply officer, low quality of public data, and lack of records and archives management.

• Environmental Analysis Health and Toxicology
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• v.31
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• pp.26.1-26.9
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• 2016

Objectives Korea's Act on the Registration and Evaluation of Chemicals (K-REACH) was enacted for the protection of human health and the environment in 2015. Considering that about 2000 new substances are introduced annually across the globe, the extent of animal testing requirement could be overwhelming unless regulators and companies work proactively to institute and enforce global best practices to replace, reduce or refine animal use. In this review, the way to reduce the animal use for K-REACH is discussed. Methods Background of the enforcement of the K-REACH and its details was reviewed along with the papers and regulatory documents regarding the limitation of animal experiments and its alternatives in order to discuss the regulatory adoption of alternative tests. Results Depending on the tonnage of the chemical used, the data required ranges from acute and other short-term studies for a single exposure route to testing via multiple exposure routes and costly, longer-term studies such as a full two-generation reproducibility toxicity. The European Registration, Evaluation, Authorization and Restriction of Chemicals regulation provides for mandatory sharing of vertebrate test data to avoid unnecessary duplication of animal use and test costs, and obligation to revise data requirements and test guidelines "as soon as possible" after relevant, validated replacement, reduction or refinement (3R) methods become available. Furthermore, the Organization for Economic Cooperation and Development actively accepts alternative animal tests and 3R to chemical toxicity tests. Conclusions Alternative tests which are more ethical and efficient than animal experiments should be widely used to assess the toxicity of chemicals for K-REACH registration. The relevant regulatory agencies will have to make efforts to actively adopt and uptake new alternative tests and 3R to K-REACH.

• Fire Science and Engineering
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• v.24 no.1
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• pp.54-63
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• 2010

The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.

• Journal of Korean Society of Rural Planning
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• v.25 no.2
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• pp.1-13
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• 2019

The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.470-477
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• 2022

Purpose: As the Act on Punishment of Serious Accidents came into effect in January 2022, it is becoming a big social issue in the labor and management circles. The purpose of this law is to analyze problems and suggest improvement plans so that the purpose of protecting lives and bodies by preventing major accidents can be met. Method: The main contents of the relevant law were identified, and the current application status of the currently enforced law and problems by law were analyzed. Result: Currently, more than 50 accidents have occurred and they have been classified as serious accidents, and no punishment has been imposed under the relevant laws. There are four major problems: 1) the issue of equity in the applied workplace, 2) the lack of clarity in some legal provisions, 3) the issue of entrusting the obligation to secure safety and health to private organizations, and 4) the issue of excessive punishment regulations. was analyzed as. Conclusion: As the law is in the early stages of enforcement, there are trials and errors, but revisions are necessary through the efforts of the labor and management circles to meet the establishment and purpose of the law.

• Journal of Digital Convergence
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• v.17 no.3
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• pp.73-78
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• 2019

Recently, there is a need to introduce a Korean-style restriction sandbox system that exempts or suspends existing regulations so that new products or services based on new technologies can be commercialized without restrictions. In response, the government reorganized the relevant statutes to promptly check regulations centering on four fields, including industrial convergence, ICT, FinTech, and regional innovation growth, and to allow experimental, proof and market releases by setting certain conditions(zone, period, scale, etc.). However, despite the same regulatory sandbox application, depending on the nature of the field applied, differences in application subject, whether application of regulatory specifics, system of push ahead decision-making and whether support of financial and taxation are shown. This research is intended to present efficient operation measures for successful settling of Korean-style regulation sandboxes by comparing and analyzing, centering on the Industrial Fusion Promotion Act in the Industrial Convergence Field, ICT field's Information and Communication Convergence Act, FinTech field's Financial Innovation Act and Regional Special Zone Act in the Regional Innovation and Growth Sector.