• The Journal of the Korea institute of electronic communication sciences
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• v.18 no.5
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• pp.877-884
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• 2023

In this study, when another vehicle is parked in a designated space where a personal vehicle can park and a defined personal use time, an ultrasonic object recognition sensor is used to determine vehicle entry, and a camera sensor recognizes a license plate. If the vehicle is not recognized by the individual vehicle owner, the "private parking lot operation block" of the application server receives the individual phone number based on the National Police Agency's Vehicle Number Information Inquiry Open API. Afterwards, when parking is processed, the non-right holder receives the approval of the parking right holder, parks for the recognized time, and deposits the parking fee into the public account of the city hall. Through this study, it was possible to find an operation processing method that can most effectively manage parking in the city center in a private parking space recognized by the city hall.

• Korean Journal of Social Welfare Studies
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• v.49 no.1
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• pp.85-107
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• 2018

The purpose of this research is to review a grandparent visitation case which court decided grandparent visitation rights in 2016 for the first time, to determined how justices interpreted the best interests of the child standard. Based on the critical review of a target case, three categories emerged: parental rights, child's rights, and the developmental environment of child. These categories help to explain how courts influence the social construction of status withing families and child's rights. This research closes the study with implications and suggestions for future social policy.

• Proceedings of the Korea Water Resources Association Conference
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• 2022.05a
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• pp.77-77
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• 2022

댐건설관리법 제2조제3호에서 댐사용권을 '다목적댐에 의한 일정량의 저수를 일정한 지역에 확보하고 특정용도에 사용할 수 있는 권리'로 규정하고 있다. 즉 댐사용권을 설정할 수 있는 법적인 객체는 다목적댐에 한정된다고 할 수 있다. 이러한 댐건설관리법 상의 규정은 다목적댐만이 오롯이 댐사용권을 설정할 수 있는 특혜적 권리로 인정되고 있다. 댐용수와 하천수의 관계를 구분함에 있어서 댐건설관리법상 저류된 물은 댐건설로 추가로 확보된 하천수를 국가가 배타적인 물권적 권리인 댐사용권이라는 권리를 설정함으로서 하천수와 구별하고자 하는 주장이 하천행정 및 학계에 있어서 광범위한 지지를 얻고 있는 이유이다. 한편 하천수는 하천의 지표면에 흐르거나 하천 바닥에 스며들어 흐르는 물 또는 하천에 저장되어 있는 물을 의미(하천법 제2조제8호)하는데 댐용수와 하천수의 구분에 관해서도 이렇다 할 법적인 기준은 존재하지 않는다. 댐용수에 관한 법률 규정이 없기 때문이다. 그러나 대부분의 경우댐용수 역시 하천수의 일종으로 보는 것이 다수 의견인데 이러한 구분의 모호함 역시 댐사용권의 설정에 따른 구분의 모호함에서 비롯된 사항이라고 보인다. 본 연구에서는 다목적댐에 대해서만 설정할 수 있는 댐사용권이 가지는 의미에 대하여 새로운 법적 해석을 시도한다. 다목적댐 외에도 우리나라에서는 하천의 저수를 일정한 지역에 확보하고 있는 수많은 댐이 존재한다. 즉 댐건설관리법은 그 자체로 왜 다목적댐에 대해서만 댐사용권의 설정이라는 특혜적 권리를 부여하고 있는지에 대해 아무런 설명을 하고 있지 않다. 이 문제를 규명하기 위하여 댐건설관리법의 모체인 특별다목적댐법의 입법목적을 검토하고, 이의 모체가 된 일본의 특정다목적댐법과의 비교·분석을 수행한다. 이를 통해 댐사용권의 진정한 법적인 의미를 규명하고 댐관리 법제의 현실을 명확하게 파악하고자 한다.

• Korean journal of communication and information
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• v.76
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• pp.151-182
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• 2016

The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• Proceedings of the Korea Water Resources Association Conference
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• 2021.06a
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• pp.262-262
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• 2021

수리권이란 한정된 수자원을 개인, 지자체 및 국가 등이 법률적 근거에 따라 독점적 및 균형적으로 사용할 수 있는 권리를 의미한다. 법률적인 관점에서 수리권은 「하천법」에 근거하여 기존의 물 사용자의 취수권을 우선 인정해 주는 관행수리권과 허가절차에 따라 취수를 허용하는 권리를 획득하는 허가수리권으로 구분할 수 있다. 또한, 「댐 건설 및 주변지역지원 등에 관한 법률(댐 건설법)」에 근거하여 댐 건설 이전의 관행수리권과 댐 건설 이후의 기득수리권으로 구분할 수 있다. 본 연구에서는 수원, 상수도 및 하수도 등 물 공급/처리에 대한 국내 수리권 법률을 검토하였다. 향후 검토된 수리권 관련 법률은 수리권에 기초를 둔 하천/저수지 모델의 국내 적용에 필요한 법률적 근거로 활용될 것이다.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.37-60
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• 2017

Ownership is the bundle of rights that allow a person or institute to use and control an object. As the biomedical science is advanced, we should consider whether human biological material should be recognized as property. Whether separated parts of the human body can be objects of ownership is a different issue. Many thought that separated parts of the human body could not be objects of ownership. This idea is primarily based on this thought: even if a piece of human biological material is separated from a person, it still relates to that person, and if treated as a thing, human dignity may be harmed. However, some commentators have admitted separated parts of the human body into the realm of property. Though a person owns his/her body or body parts, this does not mean that he/she can do anything he/she desires. There are many natural and social limitations to exercise the ownership of human biological material as discussed above. Human dignity is the core consideration whether or not we recognize that ownership of human biological material biomedical research and knowledge.

• Journal of Korea Port Economic Association
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• v.29 no.1
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• pp.47-66
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• 2013

This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.267-274
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• 2014

The culture is an integral factor when we deal with the quality of life of members of society, and the cultural right is accepted as the basic right. However, the cultural right of the disabled in our society stays in the conditions of the discrimination and alienation by social prejudices and barriers against people with disabilities, and that results from the lack of understanding as a right. The aim of this study is to further raise awareness about the cultural right of the disabled as the basic human right, make it clear to be a universal right based on that, and insist on implementing 'Affirmative Action' for actualizing the disabled's cultural right to equality. The political measures derived from this study to guarantee and realize the cultural right of the disabled are as follows. First, the target extent of cultural voucher system should be expand to not recipients of national basic livelihood guarantees and near poverty groups, but all the disabled. Second, to take full charge of the cultural support of the disabled as a independent organization, it is necessary to establish Ministry of Culture, Sports and Tourism-affiliated 'Bureau of Culture for Persons with Disabilities'. Third, the nationwide survey on cultural activities and desires of the disabled periodically is required.

• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.