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A Study on the Illegal Fishery at the Korean Central and Southern Coast of the Yellow Sea (우리나라 서해 중남부의 불법어업에 대한 연구)

  • SEO, Man-Seok;KIM, Il-Pyeong
    • Journal of Fisheries and Marine Sciences Education
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    • v.17 no.2
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    • pp.170-179
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    • 2005
  • Realities of illegal fisheries in the central and southern coastal areas of the Yellow Sea were investigated. The study was based on the data released by the Ministry of Maritime Affairs and Fisheries (MOMAF) and Korea Coast Guard (KCG) during 1992-2002 and on questionnaire responses. Analyses of KCG data showed that the number of enforcements by the agency gradually decreased during 1998-2001 but rose in 2002. Analyses of the MOMAF data, however, revealed that illegal fisheries gradually increased during 1992-1996, but sharply increased after 1997, and that such illegal activities became more common in the East Sea beginning in 2001. MOMAF data also showed that although illegal fisheries began to increase in the Yellow Sea after 1997 they tended to decrease in the southern sea after 1998, with a high rate of small-bull trawlers (40.9%) that were non-sanction fisheries (38.1%). Questionnaire responses showed that illegal fisheries were mainly motivated by poverty (27.4%) and largely occurred in coastal fisheries (78.0%). Analyses of questionnaire responses also suggested that illegal fishing activities can be reduced through tougher laws regulating fisheries.

A Study on the Way of Securing the Practical Effectiveness of Oil Record Book (기름기록부 실효성 확보에 관한 연구)

  • Choi, Jung-Hwan;Lee, Sang-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.4
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    • pp.389-397
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    • 2014
  • The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

The Unconstitutionality of the Disposition Suspending Medical Care Benefits under the National Health Insurance Act (국민건강보험법상 급여정지 처분의 위법성)

  • Park, Sungmin;Woo, Meehyung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.3-36
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    • 2022
  • In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

Building an IS Environment and Support Structure for Insiders to Comply with IS: A Perspective on Improving the IS Related Justice Climate (내부자의 정보보안 준수를 위한 정보보안 환경 및 지원 체계 구축: 정보보안 공정성 분위기 강화 관점)

  • Hwang, In-Ho
    • The Journal of the Korea institute of electronic communication sciences
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    • v.17 no.5
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    • pp.913-926
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    • 2022
  • As information is recognized as a core competency of organizations, organizations are increasingly investing in policies and technologies for information security(IS). Recently, as information exposure accidents by people have occurred continuously, interest in IS behaviors of organization insiders is increasing. This study aims to confirm the effect of the IS environment and support structure established by the organization on the intention of individuals to comply with IS. We conducted a survey of employees in organizations with IS policies and tested the hypothesis using the structural equation of AMOS 22.0 and Process 3.1 using 421 samples. As a result of the analysis, authentic leadership and justice climate, which are factors that build an IS environment, and communication and feedback, which are factors supporting IS compliance, have a positive effect on employees' compliance intention. In addition, authentic leadership, punishment, communication, and feedback were found to reinforce the positive impact of IS justice climate. As the study suggested the overall structural design direction to be pursued to reinforce insider's IS behavior, and the results help to achieve the IS goal.

A Study about the Legal Nature of Negotiations between NHIS and Pharmaceutical Company (국민건강보험공단과 제약사 간 의약품 관련 협상 행위의 법적 성격에 관한 고찰)

  • DUCKGYU JANG
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.3-28
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    • 2022
  • Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

How Partisan Voters Dispense Reward and Punishment for Government Performance: The Influence of Partisan Blame Attribution on Trust in Government (당파적 유권자는 정부의 국정 운영에 대해 어떻게 문책하는가?: 정부의 국정 운영 평가와 정부 신뢰, 그리고 당파적 책임 귀속)

  • Sung, Yaejin;Gil, Jung-ah
    • Korean Journal of Legislative Studies
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    • v.27 no.1
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    • pp.79-115
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    • 2021
  • Voters' negative evaluations of government performance lower their trust in government, which functions as the reward and punishment for the government. Trust in government thus serves to promote political accountability of the representative government. However, voters build their confidence toward the party government where the ruling party is responsible for the performance. Considering this partisan nature, we empirically examine that the influence of voters' performance evaluations on governmental trust is conditional on their party identifications. While higher perceptions of political/social conflict and increasing negative evaluations of government policies and economic performance are associated with the lower level of confidence in government, the relationship is contrasted between different party identifiers. For supporters of the ruling party in 2020, the negative evaluations of government performance are not likely to reduce trust in government a lot. On the contrary, those who identify with the main opposition party show the most prominent effect of negative evaluations on their distrust in government. This study demonstrates that trust in government is affected by voters' partisan preferences, not entirely by evaluations of government performance. Such a distortion of the reward and sanction function of governmental trust might lead to the weakening of the accountability mechanism in representative democracy.

A Study on tne Necessity of Using ESG to Prevent Accidents in the Chemical Industry (화학산업 사고 예방을 위한 ESG 활용 필요성 연구)

  • Cheolhee Yoon;Leesu Kim;Seungho Jung;Keun-won Lee
    • Journal of the Society of Disaster Information
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    • v.19 no.4
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    • pp.826-833
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    • 2023
  • Purpose: We suggest the need to utilize ESG in the safety field to prevent serious industrial accidents. Method: The Serious Accident Punishment Act, a strong serious accident prevention system, was reviewed through a review of previous research. And through comparative analysis of serious accident data from the United States and Korea, the main causes of accidents in the domestic chemical industry were derived. Result: It was determined that there was a need to induce voluntary safety management by companies through ESG management along with the Serious Accident Punishment Act, which aims to prevent corporate accidents. Through statistical analysis of accident data, it was confirmed that the scale of damage and number of deaths in domestic accidents was greater than in the United States. The reason was interpreted to be that there are many accidents caused by human causes in the country. Conclusion: In order to compensate for the lack of voluntariness in corporate safety management as well as the Serious Accident Punishment Act and encourage active safety management, the proportion of 'ESG safety evaluation' must be expanded. By using ESG as an indirect social sanction, we can expect companies to voluntarily and actively manage safety and expand safety investments in the safety field.

A Study on the Continuing Education of Dental Technicians (치과기공사의 보수교육에 관한 연구(I) -보수교육 실태와 인식을 중심으로 -)

  • Moon, Je-Hyuk
    • Journal of Technologic Dentistry
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    • v.22 no.1
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    • pp.179-198
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    • 2000
  • Since dental prosthesis is made possible only when dental technicians give themselves to the study of knowledge and the acquisition of updated skills, continuing education is of great importance in that it makes up for the efforts of dental technicians. Accordingly, continuing education relates to a system designed to contribute to the enhancement of the talents of dental technicians and the dental health of the nation. Specialized knowledge and information may work as the best weapon to preserve their jbs. This is true of this modern society where no one can expecth to survive without acquiring knowledge and information constantly for work is getting more classified and more divirsifide. This paper is dedicated to take a look at the current condition of the continuing education of dental technicians and to come up with measure to make general evaluation and to improve continuing education. This research resorts to 609 questionnaires among 6433 copies save unfaithfully responded 34 copos with 6.431 dental technicians as the subjects enrolled in the Dental technician Association. The collected questionnaires consist of 365 dental technicians living in Seoul and of 244 ones, Which account for 11.8 percent of dental technicians enrolled in the association. Because dental technicians live more in local areas than Seoul, the generalization of this survey leaves something to be desired. I have come up with the following findings. 1. 6,431 dental technicians, or 36.3 percent of an total of 14,956 licensed dental technicians, were admitted as numbers of the Dental Tachnician Association as of October 31, 1999. In the '98 continuing education. 4,141 dental technicians among 4,711 dental technicians got relevant training, and in the '99 continuing education, 4,075 technicians, or 75.9 percent of 5,365 technicians got relevant training while 1,290 technicians or 24.2 percent, fail to get relevant training. 2. The survey has it that 38.1 percent of dental technicians are ignorant of the laws on continuing education, and that technicians staying in local communities(146 persons, or 61.6%) take more part in education than those living in the capital of Korea(159 persons, or 146%), and that the older they are, the more money they earn, the more carrer they have, the higher position they hold, the more part they take in education 3. According to the survey, those who have the experience of getting training more than three times account for 52 persons(16.8%) in Seoul and 47 persons(22.4%) in local districts(p<0.01). In terms of sanctions in relation to continuing education, 26 dental technicians(4.6%) say that they have ever gotten sanctions, and 533 dental technicians(95.4%) say that they haven't. And those who were absent from continuing education(72 technicians : 13.51%) didn't get any sanction. 4. In terms of the degree of understanding continuing education, local technicians(46.8% : 110 persons) have a higher understanding of continuing education than their countparts staying in Seoul(36.0% : 130). Continuing education is not the ultimate goal itself. It should be changed to motivate those who get education to be willing to take part in contunuing education, and to help dental technicians in a practical and specific way. And the branch societies should be developde to engage in more specialized and classified expert fields. Of course, the curriculum should be so selected that the conceptions of dental technicians may be reflected to the maximum extent, and the ultimate effores should be made to effect diversity in the ways of educational methods and to perfect the preparation of continuing education on the part of instructors. Regulations should be established in relation to continuing education with a veiew to enhancing the participation of continuing education and its effectiveness. The supervision of the Ministry of Health and Welfare is of great importance in this context. The regulation of continuing education is not administrative regulation, but the expression of national will to guarantee the medical service of the nation at highest level. Therefore, it is necessary that the Ministry of Health and Welfare should change their understanding of the needs for the continuing education of dental experts, and that the expertise of government employees in charge of continuing education should be expanded. It goes without saying that the government should suppory continuing education in a financial way so as to supply the person in charge of public welfare and control the quality of national medicine.

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Entry Types and Locational Determinants of North Korean Workers in Cross-border Regions between North Korea and China (중국 대북 접경지역의 북한 노동력 진입 유형과 요인)

  • Lee, Sung-Cheol;Lee, Yong-Hee;Kim, Boo-Heon
    • Journal of the Economic Geographical Society of Korea
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    • v.22 no.4
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    • pp.438-457
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    • 2019
  • The main purpose of this paper is to identify the entry types and locational determinants of North Korean workers in cross-border regions between North Korea and China. More specifically, the paper has attempted to divide the entry type of them in the regions into two; 1) entry via transactions between Chinese traders with North Korea and North Korea trade companies, and 2) entry via transactions between Korean-Chinese middlemen and North Korean trade companies. Also, it has analyzed main factors of their locational determinants in the spatial contexts of the regions. There have been changes in two perspectives in terms of the entry paths and types of them in accordance with the transformation of characteristics of United Nations sanction against North Korea from 'call-upon' to 'decide' after UN Security Council Resolution 2094 in 2013. Firstly, main agents who have dealing with North Korean trade companies which have right to dispatch North Korean workers have been changed from Chinese traders into Korean-Chinese brokers who are specialized in the introduction of North Korean workers with one-stop service from visa administrative to labor managements. Secondly, there has been a transfer of North Korean workers in the regions from formal to informal workers who has been admitted into China with a short stay or a tourist visa, and then remained illegally to be employed in China. Therefore, as demands on service which is able to guarantee the security of North Korean informal workers and their managements have increased, Korean-Chinese brokers have been stimulated in the regions after the operation of real international sanctions against overseas North Korean workers. In addition, the main factors of their locational determinants in cross-border regions between North Korea and China are could be analyzed in three perspectives; 1) an increase in real wages in accordance with the reform of the Chinese social insurance system after 2011, 2) the structural vulnerability of labor markets in the regions, 3) the utilization of stable and manageable workers.

The Joseon Confucian Ruling Class's Records and Visual Media of Suryukjae (Water and Land Ceremony) during the Fifteenth and Seventeenth Centuries (조선 15~17세기 수륙재(水陸齋)에 대한 유신(儒臣)의 기록과 시각 매체)

  • Jeong, Myounghee
    • Korean Journal of Heritage: History & Science
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    • v.53 no.1
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    • pp.184-203
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    • 2020
  • The Confucian ruling class of the Joseon Dynasty regarded Buddhist rituals as "dangerous festivals." However, these Buddhist ceremonies facilitated transitions between phases of life from birth till death and strengthened communal unity through their joint practice of the rites. Ritual spaces were decorated with various utensils and objects that transformed them into wondrous arenas. Of these ornaments, Buddhist paintings served as the most effective visual medium for educating the common people. As an example, a painting of the Ten Kings of the Underworld (siwangdo) could be hung as a means to illustrate the Buddhist view of the afterlife, embedded in images not only inside a Buddhist temple hall, but in any space where a Buddhist ritual was being held. Demand for Buddhist paintings rose considerably with their use in ritual spaces. Nectar ritual paintings (gamnodo), including scenes of appeasement rites for the souls of the deceased, emphasized depictions of royal family members and their royal relatives. In Chinese paintings of the water and land ceremony (suryukjae), these figures referred to one of several sacred groups who invited deities to a ritual. However, in Korean paintings of a nectar ritual, the iconography symbolized the patronage of the royal court and underlined the historicity and tradition of nationally conducted water and land ceremonies. This royal patronage implied the social and governmental sanction of Buddhist rituals. By including depictions of royal family members and their royal relatives, Joseon Buddhist paintings highlighted this approval. The Joseon ruling class outwardly feared that Buddhist rituals might undermine observance of Confucian proprieties and lead to a corruption of public morals, since monks and laymen, men and women, and people of all ranks mingled within the ritual spaces. The concern of the ruling class was also closely related to the nature of festivals, which involved deviation from the routines of daily life and violation of taboos. Since visual media such as paintings were considered to hold a special power, some members of the ruling class attempted to exploit this power, while others were apprehensive of the risks they entailed. According to Joseon wangjo sillok (The Annals of the Joseon Dynasty), the Joseon royal court burned Buddhist paintings and ordered the arrest of those who created them, while emphasizing their dangers. It further announced that so many citizens were gathering in Buddhist ritual spaces that the capital city was being left vacant. However, this record also paradoxically suggests that Buddhist rituals were widely considered festivals that people should participate in. Buddhist rituals could not be easily suppressed since they performed important religious functions reflecting the phases of the human life cycle, and had no available Confucian replacements. Their festive nature, unifying communities, expanded significantly at the time. The nectar ritual paintings of the late Joseon period realistically delineated nectar rituals and depicted the troops of traveling actors and performers that began to emerge during the seventeenth century. Such Buddhist rituals for consoling souls who encountered an unfortunate death were held annually and evolved into festivals during which the Joseon people relieved their everyday fatigue and refreshed themselves. The process of adopting Buddhist rituals-regarded as "dangerous festivals" due to political suppression of Buddhism in the Confucian nation-as seasonal customs and communal feasts is well reflected in the changes made in Buddhist paintings.