• Title/Summary/Keyword: 미성년자

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A Study on the Improvement Legal System for Dispute Settlement related to Game Payment of Minors (미성년자 게임결제 관련 분쟁 해결을 위한 법제개선 연구)

  • Kim, Sang-Tae;Huh, Joon-Young
    • Journal of Korea Game Society
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    • v.18 no.6
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    • pp.121-130
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    • 2018
  • Game users purchase contents in order to enjoy games, which is the case as for minors. The most frequently used payment method for minors' purchasing game contents is many kinds of gift certificates. Other payment methods include adding the payment to their cellular phone bills and charging it to their parents' credit cards. Although such payment methods are easily used due to convenience, consequent disputes are also continuously increasing. Both users and game service providers suffer damage due to the disputes related to game payments by minors and, in some cases, such problem also becomes a social issue. The purpose of this study is to present data for the standardization of refund policy (system) for payments made by minors by investigating and analyzing the laws and institutions related to game payments by minors and examining relevant dispute cases, in order to prevent and solve such disputes efficiently.

Legal Study and Legislative Suggestions about Donation by Minors on Live Streaming Platforms - Focusing on protection of the counterparty - (인터넷 개인방송 플랫폼상 미성년자 후원행위에 대한 법적 고찰 및 입법론적 개선방안 - 미성년자의 상대방 보호 필요성을 중심으로 -)

  • Kil, Gi-Beom;Kim, Chang-Hyeon;Lee, Min-Jae;Yoo, Ha-Yeon
    • The Journal of the Korea Contents Association
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    • v.22 no.1
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    • pp.292-309
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    • 2022
  • Recently, with the development of interactive communication system, demands for video live streaming service has increased. Live streamers generate revenues from donations, but existing laws are inadequate to handle these donations. Problems arise when minors donate because they have the right of revocation. In the case of donations that request benefits in return, legal characteristics and results are different from unilateral donations. If minors exercise their right of revocation, live streamers must pay back without getting proper compensation for their services. In this paper, we detect the characteristics of bilateral contract in live streaming donation, indicate the harms that live streamers can get, examine precedents and donation processes focusing on cases when minors can not exercise the right of revocation due to deception, and propose revisions that can protect the streamers without invading minors' rights. Through academically identifying ambiguous legal situations and presenting dispute prevention procedures, this paper can bring positive impacts on the online industry.

Legal Issues in Clinical Trial on Minor (미성년자 대상 임상시험에 관한 법적 문제점)

  • Song, Young-min
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.125-144
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    • 2016
  • All forms of Clinical trial should be fully equipped with protection systems for experimental subjects considering their uncertainty and various risks. Existing laws have some regulations in pharmaceutical affairs act and medical device act. Nonetheless, there is a limit to protect the subjects considering law objective to perform administration of medicine. Furthermore, the clinical trial on minor has no direct regulations in pharmaceutical affairs act, but prescribes certain portion in clinical trial assessment guideline on infants or medicine clinical trial management standard, however there is a limit because that is just recommendation not having legal effectiveness. The legislative solution would be possible for legal problems of clinical trial on minor by examining treatment system on minor in organ transplant act and clinical trial on minor in other foreign laws stronger than usual medical practice in terms of degree of human body invasion. I suppose that the control system of clinical trial being done focusing on the pharmaceutical affairs act, medical device act and other guidelines in existing laws system should be resolved by legislating 'trial subject protection law', in addition, this would be well balanced in organ transplant act on protection system of minor organ donors. Furthermore, the judgement on the consent ability and spontaneity in clinical trial on minor should be judged considering maturity and mentality of minor by clinical trial institutional review board based on legislative solution mentioned above.

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A Comparative Study on the Perceptions towards Personal Mobility Vehicle between Adults and Minors (개인형 이동수단에 관한 법·제도 개선방안 연구: 연령별 차이를 중심으로)

  • Choi, Nakhyeon;Kim, Junghwa
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.41 no.5
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    • pp.543-550
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    • 2021
  • Recently, there has been an increase of accidents related to the rise in the use of Personal Mobility Vehicle (PMV). To solve this problem, the National Assembly announced an amendment that restricted the use of PMV to bicycle roads and to prohibited for people under 13 years old to use PMV, but there is no detailed information about travel speed and safety. In this study, a survey was conducted by dividing the group into minors and adults based on the age of obtaining a driver's license to find out the direction of improvement of laws and systems about PMV. Our results showed that adults considered PMV as more dangerous (Adults 5.50, Minors 4.94) and the suggested age for PMV use was lower from minors than adults (Adults 15.70, Minors 13.85). We found that proper travel speed on bicycle roads differed according to the presence of a driveway (Driveway 26.21 km/h, Non-Driveway 23.55 km/h) and minors had higher a travel speed than adults on all types of bicycle road. Also, Helmets for PMV were seen as the most important safety equipment on all types of bicycle road. and the importance of other safety equipment differed according to the presence of a driveway (Driveway Front-Lighting, Non-Driveway Car Horn). Through this study, It proposes that we have to make new regulations about the use of front lights and horns, as well as enforcement measures that differentiate the speed on each bicycle road type as a way to improve the laws and systems for PMV.

COP 보안기술 동향

  • Kim, Tae-Kyung
    • Review of KIISC
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    • v.22 no.3
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    • pp.13-18
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    • 2012
  • 인터넷은 사회 경제적 상호작용을 위한 기본적인 인프라가 되어 사람들에게 많은 혜택을 주는 반면 여러 가지 다양한 위험들을 가져왔다. 또한 인터넷을 사용하는 어린이의 수가 증가하고, 그 연령이 더 어려지면서 어린이를 온라인상에서 보호하는 것은 중요한 이슈가 되고 있다. 본 논문에서는 온라인상에서 미성년자를 보호하기 위한 기술적인 대처 방안에 대한 분석을 수행하였다. COP의 다양한 기술들을 활용하여 어린이들을 위험으로부터 벗어나게 할 수 있으며(filtering technologies), 특정한 사이트에 어린이를 접근하지 못하게 하고(age or identity verification systems), 인터넷 상에 어린이들을 안전하게 할 수 있는 안전지대(walled garden)를 만들 수 있다. 이러한 기술적인 대처 방안들은 여러 기술들을 조합하여 사용해야 그 효과성을 높일 수 있으며, 특히 미성년자들의 개인정보 보안을 고려하여 균형적으로 사용해야 한다. 이외에도 COP에서 기술적인 대처방안의 발전적인 개발을 위해서는 보안기술 사이에 정보를 공유할 수 있는 표준이 개발되어야 하며, 보호 기술의 장점 및 기능을 파악할 수 있는 표준 성능 인자의 개발이 필요하다.

Estimation of lost Earnings by Personal Injury in Aged Society and Its Implication (고령사회에서 인신사고로 인한 일실수입의 산정과 그 시사점 : 대법원 2019. 2. 21. 선고 2018다248909 판결을 중심으로)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.20 no.1
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    • pp.460-469
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    • 2020
  • Recently, the Supreme Court pointed out that it would be difficult to maintain the existing opinion any more because the overall conditions that were the basis of the past empirical rule were remarkably changed when estimating the lost earnings of a deceased minor. Thus, the court sentenced en banc decision to extend the maximum working age of manual laborers under the empirical rule to 65 years old. The significance of this ruling is to put an end to social confusion caused by courts' different sentences on the maximum working age under the empirical rule depending on lower court decision, and also to acknowledge the maximum working age of physical laborers by applying the new empirical rule in accordance with entering the aged society. It is still unfortunate to conclude the maximum working age as a specific age and also to estimate the lost earnings of a victim by applying the daily wages of urban laborers. Like this, this study aimed to provide the basic data for guaranteeing a proper compensation for damage to victims by analyzing the issues of rulings related to the maximum working age of manual laborers under the empirical rule, and then complementing imperfections in Korean society that has entered the aged society.