• Title/Summary/Keyword: 관계법률

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Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles (UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계)

  • Hur, Hai-Kwan
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.31-53
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    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

A Study on the Local Education Autonomy System in the United States in relation to the Educational Superintendent

  • Jong-Ryeol, Park;Sang-Ouk, Noe
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.2
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    • pp.191-200
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    • 2023
  • The U.S. education policy making and execution process, in which residents can directly participate as members of state or local boards of education, without entrusting a small number of experts to decide on issues of sharply intertwined political interests, can be presumed that it played a role in preventing conflicts and disputes that may arise due to differences of opinion or differences in the interpretation of laws and regulations between subjects. Such a consensus system in the United States suggests a supplementary point to the local education administration system in Korea, where conflicts between various educational entities are occurring because of the current excessive dependence on one superintendent of education.

Method of Transparency Guarantee for Compensation Budget expenditure using Connection of Construction CALS and dBrain (건설CALS와 국가재정정보시스템 연계를 통한 보상비 집행의 투명성 확보 방안)

  • Seo, Myoung-Bae;Kim, Nam-Gon
    • Proceedings of the Korea Information Processing Society Conference
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    • 2011.04a
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    • pp.1608-1609
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    • 2011
  • 국토해양부에서는 건설사업의 생산성을 향상시키고 건설사업의 효율성을 제고하기 위해 건설기술관리법 제15조의 2에 따라 건설공사지원통합정보체계의 구성.운영에 관한 법률을 마련하고 1998년부터 건설사업정보화(Continuous Acquisition Life-Cycle Support : CALS)를 추진중에 있다. 건설사업정보화의 일환으로 건설공사비의 상당부분을 차지하고 개인의 소유권과 관계되어 있어 민원 소지가 많은 보상자료를 관리하기 위해 용지보상시스템이 기 개발되어 운영중에 있으나 보상비 지출의 핵심과정인 지급단계가 국가재정정보시스템과 별도로 운영중에 있어 체계적인 보상자료 관리 및 보상비 지급의 이력관리가 제대로 이루어지 지고 있지 않다. 이는 곧 부적절한 보상비 집행으로 인한 국고예산 낭비의 소지가 있고 보상비 집행에 대한 대민 신뢰도 저하로 인해 다수의 소송으로 이어질수 있다. 이에 기존의 보상비 집행업무 프로세스 개선 및 건설CALS 용지보상시스템과 디지털예산회계시스템의 연계를 통해 보상비 집행의 투명성을 확보하고 민원인들에게 대민행정에 대한 신뢰도를 높일 수 있는 방안을 제시하고자 한다.

A Study on Safety Awareness of Managers and Workers in Construction after the Serious Accident Punishment Act (중대재해처벌법 시행 후 건설현장 관리자 및 근로자의 안전의식에 대한 연구)

  • Dongsun Lee;Taekeun Oh
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.543-548
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    • 2023
  • Korea has achieved great economic growth, but the high rate of accidents in the industry still threatens the safety of workers and causes a lot of property loss. In order to lower the accident rate, the Occupational Safety and Health Act was fully revised in April 2020 and safety management was strengthened, but the number of deaths rather increased. In response, the government and the National Assembly implemented the Serious Accident Punishment Act in January 2022, but the effect has not been confirmed. So, this study conducted a questionnaire survey on how the safety awareness of construction site workers and managers was affected after the Serious Accident Punishment Act. and suggested measures to improve safety management.

A Study on Regulations Through Analysis of the Status of Radiation Workers and Related Workers and Satisfaction Survey in the Radiology Department (방사선작업종사자 및 방사선관계종사자의 현황 분석과 교내 실습 만족도 조사를 통한 방사선(학)과의 규제에 대한 고찰)

  • Jung, Hyunseo;Lee, Yong-Ki;Ahn, Sung-Min
    • Journal of the Korean Society of Radiology
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    • v.16 no.3
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    • pp.327-334
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    • 2022
  • In this study, the purpose of this study was to conduct a basic study on the effectiveness and feasibility of the regulation of the Nuclear Safety Act for the department of radiology by examining the questionnaire on the satisfaction of on-campus practice while attending the department of radiology and the current status of radiation workers and radiation related workers. As for the satisfaction of the workers who were designated as frequent visitors while attending the department of radiology and did not handle and operate the radiation generator during on-campus training, 34.62% of the workers answered 'not satisfied'. On the other hand, 50% of workers who were designated as radiation workers while attending school or who were enrolled in school before the regulation of the nuclear safety act and handled and operated radiation generators were 'satisfied' at 50%. In addition, the annual exposure dose of radiation workers in educational institutions was found to be less than 0.05 mSv. If you look at the trends of radiation workers and radiation workers, it can be seen that students who graduate from the Department of Radiology find the most employment in the field dealing with diagnostic radiation generators registered as radiation workers among medical institutions. Therefore, by easing the regulations of the current Nuclear Safety Act or by amending the medical act and the rules on the safety management of diagnostic radiation generating devices, etc. It is presumed that something is necessary.

Study on Forestland Conversion Demand Prediction based on System Dynamics Model (System Dynamics 기반의 산지전용 수요 모델 개발에 관한 연구)

  • Doo-Ahn, KWAK
    • Journal of the Korean Association of Geographic Information Studies
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    • v.25 no.4
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    • pp.222-237
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    • 2022
  • This study was performed to predict change of forestland area in future to 2050 based on System Dynamics Model which is based on feedback loop by causal relationship. As forestland area change in the future depends on potential forestland conversion demands, each demand type of forestland conversion such as agricultural, industrial, public and residential/commercial use was modeled using annual GDP, population, number of household, household construction permission area (1981~2019). In results, all of conversion demands would have continuously decreased to 2050 while residential and commercial land would be reduced from 2034. Due to such shortage, eventually, total of forestland in South Korea would have decreased to 6.18 million ha when compared to current 6.29 million ha. Moreover, the forestland conversion to other use types must be occurred continuously in future because most of forestland is owned privately in South Korea. Such steady decrement of forestland area in future can contribute to the shortage of carbon sink and encumber achievement of national carbon-neutral goal to 2050. If forestland conversion would be occurred inevitably in future according to such change trends of all types, improved laws and polices related to forestland should be prepared for planned use and rational conservation in terms of whole territory management. Therefore, it is needed to offer sufficient incentive, such as tax reduction and payment of ecosystem service on excellent forestland protection and maintenance, to private owners for minimizing forestland conversion. Moreover, active afforestation policy and practice have to be implemented on idle land for reaching national goal 'Carbon Neutral to 2050' in South Korea.

A Study on the Improvement Direction of Natural Heritage in the Cultural Heritage Protection Act - Focused on the Landscape Architecture Field in Cultural Heritage - (문화재보호법에서 자연유산 분야의 개선 방향에 관한 연구 - 문화재 조경분야를 중심으로 -)

  • Chin, Sang-Chul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.3
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    • pp.127-133
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    • 2019
  • This study intends to discuss the system improvement of landscape architecture field in the cultural heritage protection system, which is changing continuously. The results are as follows. First, the status of landscape architecture in cultural heritage, including natural monuments and scenic sites, must be defined. If possible, careful consideration should be given to establish the natural monuments law and scenic sites law, respectively, related to landscape architecture. Second, natural heritage must be preserved by focusing on "space" to include cultural artifacts and landscapes that may be missing through the method of "object" focused protection. Institutionally, the scope of work should be clearly shared by reviewing the redundancy and interrelationship of related laws. Third, in order to protect and manage natural heritage, a department that is wholly responsible for landscape architecture should be established independently at the Cultural Heritage Administration. Fourth, the landscape architecture field should be specified as the requirements for the commissioner of commission at the Cultural Heritage Protection Act. In addition, it is necessary to improve the system such as expending the roles of the repairing technician for landscape architecture and plants in the Cultural Heritage Protection Act.

Controlling Agent Government in Contract with State (국가와의 계약에서 대리인 정부에 대한 통제)

  • Lee, Hyukwoo
    • The Journal of the Korea Contents Association
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    • v.15 no.5
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    • pp.168-178
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    • 2015
  • Besides the imposition of taxes and mandatory actions, why in a special rules needed in the contract between state and civilians. The contract between the state and civilian are unlike with civilian's contract in the comparable effect, even if the effect of the agreement and the parties bear the structural nature of the self-other agreement between private economic actors and there are a variety of different specificity. In other words, the agents of the contract with the state government for control of opportunistic behavior are very specific rules exist. Through this, even if it is the relationship between state and non-mandatory private realms of the contract, even if the area forced me to the fact that the difference can be confirmed. Representative of the government of the country to understand the delegate decisions and judgments and other opportunistic behavior always seem to exist on the possibility of such devices for the pre-control needed.

A Research on the Digital Information of the Deceased (사자(死者)의 디지털 정보에 관한 연구)

  • Kim, Young-Hwan
    • Journal of the Korea Society of Computer and Information
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    • v.15 no.12
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    • pp.247-253
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    • 2010
  • The demand that needs 'Digital Legacy', a notion that an Internet user can transfer his private blogs, e-mail and financial assets to inheritors and party interested when he died suddenly in the accident, has been growing recently. This issue has become a social hot potato since Justine Ellsworth's father in USA sued Yahoo for the right to access his son's Yahoo e-mail account after Justine Ellsworth had died in Iraq, in November, 2004 and the problems happened to deal with suicide-related blogs and homepages when great entertainers in Korea committed suicide and soldiers' parents in the situation of warship Chonan tragedy in Korea demanded access to soldiers' homepages and e-mail accounts. The point at issue focuses on the property matters about the digital information of the deceased and the relationship between the deceased and the Internet Service Provider(ISP). This research looks into the trend of judicial precedents and laws related to the digital information of the deceased and suggests the preliminary data of the next research.