• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.147-150
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• 2016

우리 국민(國民)들의 사적(私的) 생활관계(生活關係)를 규율(規律)하는 가장 기본적(基本的)인 민법(民法)은 그동안 많은 학자(學者)와 실무가(實務家)들의 끊임없는 연구(硏究)와 판례(判例) 등(等)을 통(通)하여 상당(相當)한 발전(發展)을 거듭해 온 것이 사실(事實)이다. 그러나 민법(民法) 제정(制定) 당시(當時)와는 비교(比較)할 수 없을 정도(程度)로 많은 변화(變化)가 있었지만, 2008년(年) 개정(改正) 가족법(家族法)을 대폭(大幅) 수정(修正)하고 일반(一般) 규정(規定)은 특별(特別)한 수정(修正)이나 보완(補完)이 없이 현재(現在)에 이르고 있어 국민(國民)의 기본적(基本的)인 법률관계(法律關係)를 제대로 지원(支援) 규율(規律)하지 못하고 있는 것이 많은 문제점(問題點)으로 대두(擡頭)하고 있음은 부인(否認)할 수 없는 현실(現實)이다. 특(特)히 그 중(中)에서 쟁점(爭點) 사안(事案)마다 다양(多樣)한 논쟁(論爭)이 있던 소멸시효제도(消滅時效制度)는 1958년(年) 2월(月) 22일(日) 법률(法律) 제(第)471호(號)로 제정(制定)된 이후(以後) 몇 차례에 걸쳐 개정작업(改正作業)을 착수(着手)하였으나 국회의결(國會議決)을 통과(通過)하지 못하고 임기만료(任期滿了)로 폐기(廢棄)되었던 사례(事例)도 있었다. 하지만 계속적(繼續的)으로 미루는 것보다는 국제거래(國際去來)가 비약적(飛躍的)으로 증가(增加)하고 있는 현재(現在) 상황(狀況)을 고려(考慮)하고, 세계적(世界的)인 경제상황(經濟狀況)의 변화(變化)에 적절(適切)하게 대응(對應)하기 위(爲)하여 소멸시효체계(消滅時效體系)를 우리 현실(現實)에 맞게 제도적(制度的) 정비(整備)가 시급(時急)히 필요(必要)하다고 본다. 따라서 본(本) 논문(論文)에서는 민법(民法) 중(中)에서 매우 복잡(複雜)한 형태(形態)를 가지고 있고, 많은 문제점(問題點)을 안고 있는 소멸시효(消滅時效) 규정(規定)의 개정(改正)을 위하여 각국(各國)의 입법례(立法例)를 살펴본 후(後), 이를 토대(土臺)로 우리의 현행(現行) 민법(民法) 하(下)에서 국민(國民)의 법(法) 감정(感情)과 정서(情緖)에 맞는 가장 바람직한 입법방안(立法方案)을 제시(提示)하고자 한다.

• Journal of Korean Society of Forest Science
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• v.97 no.6
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• pp.661-668
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• 2008

This study was conducted to provide the policy information on implementing forestry mechanization through analyzing the project results and policy effectiveness. Study method adopted LISREL (Linear Structural Relationships) model which is the covariance structural equation model. Data was collected by questionnaires on the executors who are actually executing the forestry mechanization project. The analysis results on project outcome, policy satisfaction, and education and training showed the average. But the policy consistency, the consolidation of law and system and the spreading of forest machines showed bellow the average. Therefore, it is necessary to implement the consistent policy through the consolidation of law and system, and to increase the spreading ratio of forest machines in the forestry mechanization. In forestry mechanization project, the policy basis, the spreading of forest machines, and the education and training showed the positive affect on the policy outcome, respectively. The policy outcome had the positive affect on policy satisfaction. Accordingly, although the forestry mechanization policy system is important, it is necessary to spread the forest machines and to increase the training and education of operators for the successful forestry mechanization in the future.

• Journal of Digital Convergence
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• v.11 no.1
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• pp.13-25
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• 2013

After studying FSMA 24, We found that the insolvency rule of financial institutions in FSMA consists of eight provisions: 1) voluntary arrangement, 2) administration order, 3) receiverships, 4) voluntary winding up, 5) winding up by the court, 6) bankruptcy, 7) provisions against debt avoidance, and 8) supplemental provisions in insurance cases. Insolvency provisions in FSMA explain powers and accountabilities of FSA in relation to these insolvency proceedings. Although there are some differences in proceedings, provisions entitle FSA the same status as creditors to petition the court, with a right to participate in related meetings and to be notified of any matters involving insolvency proceedings. The differences and implications between U.K.'s FSMA and Korean regulations are related to the insolvency rule of financial institutions. First, in FSMA, FSA has a comprehensive power to manage insolvency proceedings of financial institutions in a centralized way. However, Korean regulations have special laws to regulate insolvency in a decentralized way. The offices executing those laws are the Financial Services Committee, the Financial Supervisory Service, and the Financial Deposit Insurance Corporation. This characteristic results from an accelerated legislation procedures related to financial reform in 1997 Korean financial crisis. Second, FSA contains special provisions on continuation of contracts of long-term insurance considering the characteristics of insurance industry related to insolvency of financial institution. However, Korean insolvency rules applied to financial institutions do not consider industrial differences and the characteristics of financial contracts, so need to be supplemented in the future.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.3-48
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• 2021

Among the major rulings handed down in 2020, there were cases involving anaphylaxis, which is timely as a side effect of coronavirus and flu vaccine. And as a rare case, a ruling was handed down that if medical treatment was done so unfaithfully beyond the limit of patience of ordinary people, it can be an independent illegal act and a cause of compensation for emotional distress. Also, there was a ruling in the appellate court that evaluated disability rate applying the Korean Academy of Medical Sciences Guides for the Evaluation of Permanent Impairment, not McBride system. And the supreme court made it clear that telemedicine is illegitimate. In relation to duty of explanation, it is in the process of adding detail criterion on the firm principles in the individual cases. In regard of medical records, there was a case that even when a medical record is strongly suspected to be tampered with, it is not considered to be an obstruction of proof. There were cases that resulted in different conclusion between the court of first instance and the appellate court rulings. Lastly, in the face of a growing number of cases in which doctors are sentenced to prison for malpractice, we reviewed a ruling that sentenced a doctor to prison.

• The Journal of Society for e-Business Studies
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• v.17 no.4
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• pp.155-174
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• 2012

As Online Behavioral Advertising is dramatically growing with usefulness of information and user convenience in recent years, there are privacy issues caused by collecting user's behavioral information without their consent. To tackle the problem, the need of Do Not Track regulations is getting much higher. In Korea, however, it has never existed. So, this study is examining the case of the major countries have been enforcing the law and regulations of DNT. After that, it is classified with four domain (law/regulation, corporation, individual, society) to include all stakeholders of OBA. Furthermore, this study may have academic significance by suggesting DNT framework through analysis of them. Providing DNT mechanism consisted of three type (behavioral information, control, DNT system), it can be useful guidelines for companies to support decision making as introduced DNT. As analyzed between DNT and stakeholders based on the study of OBA market, it will be useful basic material of OBA study later.

• The Journal of the Korea Contents Association
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• v.12 no.5
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• pp.188-198
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• 2012

Church is one of organizations recognized not as corporation but as private association and therefore its identity and possession of properties must be confirmed by the general theories of the civil law in relation not to corporation but to private association. Different from corporation, the internal relations of private association is primarily regulated by the articles of association. When there is no article of association, ordinary resolution and provisions for incorporated association in the civil law are applied by inference. As for the debt of private association, all the members own it in a quasi-joint manner (article 275 and 278). For the last 50 years, the judicial precedents of the Supreme Court has permitted the partition of church for the Protestant church and ruled that the relationship of properties at the time of partition is the joint ownership by church members at the time of partition. This ruling is different from that of corporation and ordinary principles of law. However, a new judicial precedent (the Supreme Court, 2006. 4. 20, 2004다37775) prescribes that different from corporation, the partition of private association is not allowed. Thus, in order to settle the dispute of private association, the Supreme Court changes its traditional standpoint of allowing partition into denying it. This ruling seems to reflect the necessity of settling dispute above all.

• The Journal of the Korea Contents Association
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• v.11 no.5
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• pp.481-488
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• 2011

Generally speaking, a document is a mutual promise between two parties and functions as a legally-binding trust for a transaction. A document should be produced on a mutual agreement basis, and its credibility shall be attained if the transparency of a document production is ensured. Therefore, sequence analysis of the procedures in a document production is very important for appraisal of a document. The purpose of this research is to distinguish sequence association between the erased carbon ingredients of a pencil and the ingredients left in a ball-point pen and thus suggest a method that determines whether mutual agreement was applied or not in signing an insurance policy. This method analyzes if the carbon ingredients of a pencil are left in the bottom section of a ball-point pen through infrared photography. If the carbon ingredients of a pencil are left in the bottom section of a pen, the pen shall absorb infrared rays and mark a dense concentration. This method applies a relatively simple infrared photography system and therefore shall be beneficial to a personal appraisal store.

• Korean Journal of Construction Engineering and Management
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• v.13 no.1
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• pp.148-159
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• 2012

Recently construction companies' capital condition has been aggravated due to low profit, fierce competition and market contraction. For this reason, the companies rely on public construction projects that protect construction fee by regulations. Despite these regulations, problems regarding progress payment are constantly happening. Also, insufficient analysis on interaction between contractors makes policy making difficult. Thus, in this study, interaction between contractors are quantitatively determined according to delay of application and payment based on current public construction regulations on construction stage. A system dynamics model is used, which analyzes the problems based on an interaction between contractors, and solutions for progress payment application and payment delay are suggested according to the research results.

• Spatial Information Research
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• v.18 no.2
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• pp.77-88
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• 2010

It is possible to evaluate hi-tech spatial services such as U-City services as part of the visible results from more than 10 years of public efforts and budgets on Korea National Digitalization. The U-City services are mainly based on ICT(Information and Communication Technology), but in the aspect of giving intelligence to the existing physical space, in principle, they are to be inter-connected with both spatial information and spatial plan. But, still there are few shared concepts for linking U-City services with spatial information and spatial plan. Therefore, under the proposition of the realization of Ubiquitous National Territory in the Digital Convergence Era, the purpose of the current study is to facilitate the balanced development among U-City services, national spatial data and spatial plan by proposing a new concept of Digital Convergence Space. Then, for its realization, regarding laws and policy arrangements are suggested.