• Title/Summary/Keyword: 국가 행위

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An Implications of the Korea's Traditional Seokgasan through the Studying Traditional Sandae (산대(山臺)를 통해 본 석가산 조영 문화)

  • Yun, Young-Jo
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.39-48
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    • 2020
  • This study examined the type, the structural shapes, and the representation of Sandae, which was the stage for traditional performing arts and constructed for the purpose of imperial processions, ritual ceremonies, banquets, etc. from the Goryeo Dynasty to the Late Joseon Dynasty, and the implications of Seokgasan, which was built in the same era. First, through the history and meaning of Sandae, it was confirmed that Sandae has a homogeneity with Seokgasan, which attempted to imitate the shape of "Mountain" in the outer space. The construction of Sandae was deeply related to the tradition of famous mountains. This is consistent with the fact that 'Famous mountains and lakes" in China was symbolically replicated on the Seokgasan in the front yard of the "Cheongyeongak" in the Goryeo Dynasty. Second, Sandae and Seokgasan differed in their structural shapes, materials, and production methods, but they were used as a stage background for national events by constructing in the shape of the mountain, and appeared in various types. It can be seen that the interest in gardens and art of those days has resulted in various formative expressions of nature through the shape and symbolic meaning of the Sandae that mimics the mountain. Third, it is presumed that the square pond with lotus flowers, which is believed to have been located in the center of the garden of Shin Jaehyo's old house, and the Sugak and Seokgasan adjacent to it were not only elements of the garden, but also functioned as a background for the training and performance stage of Shin Jaehyo's students.

A Study on Punitive Damages System in Technology Protection Related Laws: Focusing on Patent Act, TSPA, ITPA, FTSA, MBCA (기술보호 관련 법률에서의 징벌적 손해배상제도에 대한 고찰: 특허법, 영업비밀보호법, 산업기술보호법, 하도급법, 상생협력법을 중심으로)

  • Cho, Yongsun
    • Korean small business review
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    • v.42 no.1
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    • pp.19-41
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    • 2020
  • In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

A Study on the Improvement of the Management Reference Tables for Datasets in Administrative Information Systems (행정정보 데이터세트의 관리기준표 개선방안 연구)

  • Lee, Jung-eun;Kim, Ji-Hye;Wang, Ho-sung;Yang, Dongmin
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.177-200
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    • 2022
  • Administrative information datasets are a kind of record produced based on an organization's work performance. A dataset is evidence of the act of recording and contains a lot of information that can be used for work. Datasets have been neglected in Korea's records management system. However, as the law was revised in 2020, the management of administrative information datasets was legislated. Organizations that require management of administrative information datasets have already gradually begun record management. The core of managing administrative information datasets is the preparation of the Management Reference Table for the dataset. Regardless, there is confusion with the Records Management Reference Table for Dataset in institutions that work on records management, and it is difficult to work because the Management Reference Table for Dataset has a new concept. This study looked into the problems in the records management of datasets that appeared at the beginning of work. It isuggests a method to effectively settle records management for datasets. In that way, the Management Reference Table was selected as the research subject, and the problems discussed so far were summarized. In addition, the items of the current Management Reference Table were analyzed. As a result of the study, we have proposed the simplification of items in the Management Reference Table, the reorganization of areas in the Management Reference Table, the introduction of the concept of retention periods, and the preparation process of the Management Reference Table.

Gene Chip을 이용한 돼지의 퇴행성 관절염의 활막세포 기작 연구

  • Lee, Jeong-Su;O, Baatartsogt;Im, Hui-Gyeong;Jo, In-Hui;So, Hyeon-Gyeong;;Kim, Eun-Guk;Lee, Jong-Ha;Hwang, Su-Yeong;Choe, Gang-Deok
    • Proceedings of the Korean Society for Food Science of Animal Resources Conference
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    • 2006.05a
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    • pp.128-132
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    • 2006
  • 관절염이 일어나는 정확한 기전은 아직까지 잘 규명되어 있지 않으나 일반적으로 cytokine, chemokine을 비롯한 여러 가지 조절 물질들 사이의 미묘한 균형이 깨어지는 일이 주된 요인으로 추정되고 있다. 사람의 경우 염증이 일어난 관절 조직에서 활막 세포(synovial fibroblast)는 여러 염증성 사이토카인들을 분비하기도 하며 또 한편 이들 cytokine의 target 세포로 이들의 자극에 대하여 정상인의 그것과 다른 증식 및 활성화 반응을 보이는 등, 다양한 측면에서 관절염증의 유발에 기여하는 것으로 보여진다. 따라서 활막세포 활성화 경로를 DNA Microarray chip을 이용하여 세포 및 분자 수준에서 밝혀 이를 차단할 수 있는 자연물질(natural product)를 선별함으로써 항생제나 스테로이드를 사용하지 않고 돼지의 관절염을 효과적으로 치료 또는 예방할 수 있는 방법을 모색하고자 한다. 6.6kg의 암컷 Yorkshire와 수컷 Landrace의 교배잡으로 왼쪽 뒷다리 슬관절에 십자인대를 파열하여 관절염을 유발하고 8주간 성장을 시킨 후 정상 슬관절과 관절염이 유발된 슬관절의 활막세포로부터 total RNA를 추출한 후 affymetrix Gene chip을 제작하여 Geneplex소프트웨어를 이용하여 데이터를 분석하였다. 분석 결과 unknown 유전자 962개를 포함하여 유전자 발현이 증가된 유전자는 총 1,059개 였으며, unknown 유전자 564개를 포함하여 유전자 발현이 증가된 유전자는 총 639개를 얻었다. 이러한 돼지 관절염에서의 활막세포에 의한 유전적 발현 양상으로부터 molecular function, biological process, pathway등을 이용하여 관절염 지표를 작성할 수 있다.분별을 성공적으로 수행하였다.(p<0.05), 맛, 연도, 다즙성 및 전체적인 기호성은 유의한 차이가 없었다.자체를 악하다고 볼 수 없고 더구나 구원을 이 세상에서의 이탈로 볼 수 없다. 진정한 구원이란 원래 하나님이 보시기에 아름다웠던 그 세상으로의 회복을 포함한다. 이런 면에서 하나님 주권 신앙 하에서 구원이란 전 인격적인 구원, 전 우주적인 구원이 된다. 그렇기 때문에 성도는 세상의 삶과 학문, 예술, 정치, 경제, 사회를 포함한 모든 분야를 하나님의 뜻 가운데서 그 원래의 목적에 부합할 수 있도록 회복시키는 일에 적극 참여해야 한다.자체가 이를 주도하기는 사실 어려움이 있다. 그리고 대형유통점이 영업행위를 영업시간제한에서부터 출점제한에 이르기까지 규제하는 건은 심사숙고하여야 한다. 대형유통점이 국가경제 및 지역사회에 미치는 영향이 부정적인가 긍정적인가에 대해 국내외 학계와 업계에서 여전히 많은 논란이 있기 때문이다. 정부와 지자체에 의한 시장개입은 반드시 필요한 경우에 한해 합당한 방법에 의해 이루어져야 한다. 대형유통점에 대한 규제는 지역사회에 미치는 영향을 다면적으로 평가한 결과에 근거하여 이루어져야 할 것이다. 대부분의 지자체는 체계적인 평가시스템과 객관적인 통계 자료를 갖고 있지 못한 실정이다. 향후 가장 시급한 과제는 시장개방 이후 지난 10년간 대형유통점이 지역사회에 미친 영향에 관한 광범위한 통계자료를 수집하고 이를 체계적으로 분석하여 정책방향을 올바르게 설정하는 것이라 할 수 있다.i와 K. pneumoniae가 존재하며 확산 중임을 시사한다. 앞으로 CTX-M형 ESBL의 만연과 변종 CTX-M형 ESBL의 출연을 감시하기 위한 정기적인 연구와 조사가 필요한 것으로 생각한다., A2-1, B1-1, B2-1의 경우, 강우 일수 감소 이전과

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An Empirical Study on the Possibility of Duplicated Sanctions in Bid-rigging on Construction Projects (건설공사 입찰담합의 중복제재 가능성에 관한 실증연구)

  • Shin, Young-Su;Cho, jin-Ho;Kim, Byung-Soo
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.50-58
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    • 2023
  • Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

Goryeo Dynasty Incense Culture and Incense Burners (고려의 향문화(香文化)와 향로(香爐))

  • PARK Jiyoung
    • Korean Journal of Heritage: History & Science
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    • v.56 no.2
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    • pp.62-78
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    • 2023
  • The act of burning incense originated from Buddhist rituals and customs, and gradually formed its own culture. In the Goryeo Dynasty, in addition to religious and national rituals, incense came to be enjoyed more generally and widely. In particular, Goryeo literati enjoyed the elegant lifestyle of staying home and burning incense. This was part of a regional culture shared across East Asia. Such incense burning applied the same methods as were used during the same period in China. In collections of writings from the Goryeo Dynasty, it can be seen that incense methods such as gyeok-hwa-hoon-hyang (隔火熏香) and jeon-hyang (篆香) were used. A particular method of incense influenced the size and shape of the incense burner utilized. Small incense burners suitable for simple everyday incense were used, such as the hyangwan (香垸), a cup (wine glass)-shaped burner. White porcelain incense burners from Song were discovered in Gaegyeong, and celadon incense burners from Goryeo were made in the same shape. This phenomenon shows that there was great demand for ceramic incense burners in Goryeo in the 12th and 13th centuries. During this period, incense burners that imitated metalware were produced, and some applied the techniques and patterns of Goryeo celadon. The Goryeo Dynasty-era incense burner was basically a necessity for use in various rituals, but gradually came to be widely used also by individuals.

Agricultural Technology Dissemination System in Africa and the ODA Implications for Korea (아프리카의 농업기술보급체계와 농업기술협력 전략 -에티오피아와 우간다를 중심으로-)

  • Hwang, Jae Hee;Woo, Soo Gon;Lee, Seong Woo
    • Journal of Agricultural Extension & Community Development
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    • v.20 no.4
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    • pp.1045-1078
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    • 2013
  • The purpose of the present study is to improve the effectiveness of Korea's ODA projects on agricultural technology transfer to Africa. This study investigates agricultural extension system of African countries and provides a direction of the systematic strategies of the Korean ODAs on agricultural technology. This study pays particular attention on Africanization of agricultural technology transfer of the Korean ODA strategies. Unlike the previous studies focusing mainly on micro level investigation on the ODA strategy development, the present study incorporates the agricultural technology dissemination system of Ethiopia and Uganda in a macro perspective to develop a desirable form of the ODA strategy. The findings illustrate that the technology dissemination systems of the case countries have different characteristics depending on the function and organization of extension agency. And their functional capability and role segmentation by the extension agency are differently configured, too. In case of Ethiopia, top-down structure for the agricultural extension system has been built. Farmers' group and field agent of the information delivery system has expanded their participation into the system. However, we also find that the system of Ethiopia still lacks effective use of its existing technology, since it puts more emphasis on management aspects than improvement of agricultural productivity for farmers. On the other hand, even though Uganda has established participatory extension system that encompasses the entire agencies of the extension system, government efforts to enhance the extension system are still concentrated on expanding research functions rather than technical dissemination. The results imply that promoting and strengthening localization of the ODA strategy has to be developed to make localization policy of the Korean ODA. The present study concludes with some specific policy implications for necessary conditions of the agricultural development in African countries.

A Review of the Supreme Court Decision on Damages for the Airport Noise (항공기소음피해에 대한 국가배상판결에 대한 고찰)

  • Chae, Young-Geun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.211-253
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    • 2005
  • Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.

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A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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Analysis and de lege ferenda of the Acts Related with Spread of MERS in Korea in the Year 2015 - Focused on the Controversial Clauses of Medical Service Act and Infectious Disease Control and Prevention Act - (중동호흡기증후군 2015년 사태와 관련된 의료법령의 분석과 입법론 - 「의료법」 및 「감염병의 예방 및 관리에 관한 법률」의 쟁점 조항을 중심으로 -)

  • Kim, Cheonsoo
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.197-225
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    • 2015
  • The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.

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