• Title/Summary/Keyword: 관계법률

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A Study on the Improvement of Systemicity and Compatibility in The Framework Act On Science And Technology (과학기술기본법의 체계성 및 정합성 제고를 위한 개정방안)

  • Yoon, Chongmin
    • Journal of Korea Technology Innovation Society
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    • v.17 no.1
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    • pp.95-123
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    • 2014
  • Recently, as the role of science and technology in social domain is more increased and the creative economy becomes a important matter in national development strategy, it is necessary that the improvement of legal system on science and technology for efficiently responding to paradigm shift into Innovation driven science and technology policy. Especially, The Framework Act On Science And Technology as a general and basic norm on science and technology policy is necessary to revise in systematic and substantial aspect in order to correspond with changed environment and current of the times. The Framework Act On Science And Technology was established in 2001 and revised several times, but substantial amendment reflecting the political facts as the need to demand was insufficient because it was revised only related with restructuring the government organization and changing the S&T Policy Coordinating Committee system. And therefore, this paper aims to review the problems and complementary factors and suggest the improvement draft on The Framework Act On Science And Technology. According to study, the revision methodologies are following : first, the Chapter and Paragraph of the law should be restructured to improve the systemicity, next the comprehensiveness, effectiveness, connections with related special laws and compatibility of the law should be complemented by adding the new provision or amending the inadequate provision to improve the position and function as a general and basic norm.

The Issues in the Revised National Certification of Sports Coaches (개정된 체육지도자 국가자격제도의 쟁점)

  • Cho, Min-Haeng
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.8
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    • pp.440-446
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    • 2020
  • This article highlights the issues and problems in the revised National Sports Promotion Act, Article 11(Fostering of certified sports leaders) and Article 11-2(Designation, etc. of qualifying examination institutions and training institutions) that were amended by Presidential decrees and Ordinances of the Ministry to implement the acts, July. 4, 2014. The national certification that was introduced to promote job career and to effectively manage human resource is forming a strong link with the education and labor market. Given the numerous human resources majoring in sports and exercise of the higher education and as they are providing them with professionalization of curriculum and instruction in higher education, the national sports promotion act administrative legislation article 8-2(offering certification for any person aged over 18 years old) should be omitted. The national sports promotion act administrative legislation article 12(Training course) that requires 90 hours of professional development should be revised to a few hours of continuing professional development every year.

A Study on the Relationship between TLO Organization and Technology Transfer Performance: Focused on Government-Funded Research Institutes (TLO 조직과 기술이전 성과의 관계에 관한 연구: 정부출연연구기관을 중심으로)

  • Yun, Jang-ho
    • Journal of Technology Innovation
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    • v.25 no.4
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    • pp.165-187
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    • 2017
  • This study analyzed the effects of TLO's organization size, expertise, and economic compensation on technology transfer performance using the panel data of Government-Funded Research Institutes in 2013-2016. First, the size of TLO personnel and budget have a positive effect on the technology transfer performance. However, in the case of TLO manpower, the statistical significance of the effect on the number of technology transfers was only 90%, and it did not affect royalty. Second, TLO expertise has a strong impact on technology transfer performance. It shows that the number of professional license holders, such as patent attorney or a technology valuer, has a statistically significant effect on the increase of the technology transfer number and the royalty under the 99% confidence level. However, unlike expected, the size of the Ph.D. did not seem to have any effect on technology transfer performance. Finally, the economic compensation for TLO does not affect both the number of technology transfers and the royalty. It does not seem to work as an appropriate incentive system, because the absolute size of the compensation is too small. The results of the above analysis suggest that it is important to secure expertise in order for the TLO organization to play a substantial role, and it is necessary to improve the economic compensation system to attract TLOs to technology transfer.

An Exploration on Personal Information Regulation Factors and Data Combination Factors Affecting Big Data Utilization (빅데이터 활용에 영향을 미치는 개인정보 규제요인과 데이터 결합요인의 탐색)

  • Kim, Sang-Gwang;Kim, Sun-Kyung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.287-304
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    • 2020
  • There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

Strategies for Cyber Territory Construction (사이버국토 구축전략에 관한 연구)

  • 김영표;한선희
    • Spatial Information Research
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    • v.10 no.1
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    • pp.1-14
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    • 2002
  • Due to the rapid development in information technology, countries of advanced information technology and multi-national information communication industries have expanding their invesment in constructing a cyber territory or a cyber city, and even a cyber globe that combines the real world with the cyber world. As such, in order to keep up with the competition with other countries to secure the Invisible Continent, Korea cannot afford to fall behind in the preparation and efforts to construct a cyber territory. Therefore in preparation for the inevitable establishment of a cyber territory, this study defined the concept of a cyber territory clearly and proposed a promotional strategy needed by the government for the establishment of a cyber territory. A cyber territory is 'the dynamic second territory that realizes various values in various aspects through organically combining innumerable active bodies in a surreal space and that are created by systematically and optimally connecting the physical topographical space and activity of the first nation to the cyberspace'. To explain further, a cyber territory is defined as another simulated space not only to manage the land systematically and deal with administrative services far the greater population, but also to contain economic activities of corporations and the citizens' everyday lives in a virtual reality by digitizing the entire territory including even the sea. In order to establish such cyber territory, it is necessary to revise related laws and policies, to foster related technology and industry as a main engine for national development, to promote public awareness, and to train related human resources.

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A Study on the Development of Metadata Schema for Intangible Cultural Heritage Based on Multiple Entity Model (다중개체모형을 적용한 무형문화유산 메타데이터 요소 개발에 관한 연구)

  • Han, Hui-Jeong;Kim, Tae-Young;Kim, Yong
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.3
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    • pp.329-359
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    • 2016
  • This study has developed standard metadata for intangible cultural heritages based on multiple entity model. By analyzing "Preservation and Promotion of Intangible Cultural Heritage Act", which was newly legislated in 2016, intangible cultural heritages archiving books, archival information resources and guidelines of organizations which conducted resources investigations, the transmission status of intangible cultural heritages, and the current status of intangible cultural heritage digital archiving and information services of related organizations, we obtained information lists required for intangible cultural heritages and took them into account in the process of selecting elements for intangible cultural heritage metadata. In addition, developing the intangible cultural heritage metadata based on the multiple entity model made it possible to provide comprehensive information by organically linking numerous sorts of information-with intangible cultural heritage information, which is the most essential, in the center, information on agents related to intangible cultural heritages, archival information resources information that they produce, and record management task information required to manage these archival information resources. By maintaining various relations of intangible cultural heritages and keeping the information up-to-date, the developed metadata is expected to provide rich contextual information on intangible cultural heritages in addition to the efficient management of information; and ultimately, make contribution to sustainably developing the value of intangible cultural heritages.

A Study of Legal Status of Artificial Insemination Child (인공수정자의 법적 지위에 관한 연구)

  • Kim, JI Yeon
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.83-124
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    • 2015
  • Currently, infertility and artificial insemination have increased. However, there is no detailed legislation about this. In this study, I'll consider the legal status of artificial insemination child. Through the examination of the overseas legislation, we may get the reference of the future legislation. If we consider the increasing of infertility, artificial insemination should be allowed. And due to the well-being of artificial insemination child, such as the United States and France, the artificial insemination child should be regarded the legal child of the infertile couples. When the contradiction between the subject's basic rights has occurred, we need to consider the welfare of the child preferentially. Because the artificial insemination child has no selection of opportunity in birth, unlike adults who select the artificial insemination in their own free will. The development of biotechnology should be for the treatment of human. But creation and improvement of human must be prohibited. In addition, the social investigation of recognition about A.R.T. and general public administrative legal regulation should be made. There is a need for balanced discipline through a multi-disciplinary research. This study may be providing a legal interpretation criteria of other biotechnology researches.

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Review of 2017 Major Medical Decisions (2017년 주요 의료판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.207-254
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    • 2018
  • The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

The Legal Structure of Guard & Security Contract and the Prevention & Resolution Method of Security Disputes (경호경비계약의 법적 구조 및 분쟁의 예방과 해결 방안)

  • Ahn, Sung-Cho
    • Korean Security Journal
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    • no.11
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    • pp.129-157
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    • 2006
  • With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

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Study of Strategic Alliance and Anti-Trust Immunity on Airline Industry (전략적 제휴와 독점금지예외조항에 관한 연구)

  • Hong, Seock-Jin;Kim, Je-Chul
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.37-56
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    • 2004
  • As part of the ongoing global process of airlines forming strategic alliances, Korean Air has become a member of the SkyTeam Alliance, while Asiana has joined the Star Alliance. However, as something akin to the Anti-Trust Immunity(ATI) initiative has not been ratified domestically, these two airlines have seen their roles within these strategic alliances significantly reduced. In keeping with its domestic airline liberalization policy the U.S. government has instituted a mechanism through which foreign airlines that join such strategic alliances with their American counterparts can be exempt from the U.S. antimonopoly law. As a result, U.S. airlines have been able to forge wide ranging cooperative relations with foreign airlines, and thus increased their competitiveness within the air transport industry. This study analyzes the applicability of this Anti-Trust Immunity initiative to the domestic environment.

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