• Title/Summary/Keyword: 민법

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Dynamic Reconfigurable Integrated Management and Monitoring System for Heterogeneous Distributed Environments (이기종 분산 환경에서 동적 재구성이 가능한 통합 관리 및 모니터링 시스템)

  • Min, Bup-Ki;Seo, Yongjin;Kim, Hyeon Soo;Kuk, Seunghak;Jung, Yonghwan;Kim, Chumsu
    • Journal of Internet Computing and Services
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    • v.13 no.6
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    • pp.63-74
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    • 2012
  • In this paper, we develop an integrated management/monitoring system that supports to dynamically reconfigure information models for systems or applications managed by heterogeneous distributed systems. When the subsystems on diverse platforms are added, removed, or modified, the altered configurations should conform to the configuration information of the integrated management/monitoring system. Further, upon the system configurations being changed, the altered system configurations should be synchronized with the information on the integrated management/monitoring system. Moreover, availability should be assured during synchronization to the extent that users can access the monitoring information with no system halting. This paper focuses on notifying the integrated management/monitoring system of any changes in hardware/software configurations on any subsystems under its management, and on dynamically re-configuring the information about hardware and software being managed based on the information notified. Finally, we expect that this research will be contributory to carrying out reliable integrated management by reflecting the information on any heterogeneous distributed systems in the integrated management/monitoring system.

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.

A critical review on informed consent in the revised Medical Law (개정 의료법상 설명의무에 관한 비판적 고찰)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.3-35
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    • 2017
  • The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

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A Critical Approach on Family Support, Social Security, and its Direction: Focusing on Old Parents and Children from Divorced Families (가족부양 쟁점에 관한 일고찰: 노인과 이혼가족 아동을 중심으로)

  • Song, Da-Young
    • Korean Journal of Social Welfare
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    • v.57 no.2
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    • pp.143-164
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    • 2005
  • The study is to analyze support-related issues, particularly associated with elderly and children care, which have been a fundamental agenda of family welfare policy. We are expected for societal-level controversy on the relationship of family support and social security in the near future because of rapid increase in ageing and divorce rate. Accordingly, we need to establish social consensus on the extent to which both family support system and social support system are responsible for the life maintenance of the elderly and the children from divorced family. We also clarify the various characteristics(including scope, degree, period of time, and need/manageability) of support provided by family members. Considering the changes of family structure and population composition, the policy of supporting the old and children should go for social responsibility. Findings show that civil law and social welfare law have unclear application on the relationship between family support and social security, and contents in family support. In particular, public assistance law strongly emphasizes the principle of family support while social insurance laws provide only limited and insufficient family maintenance. The suggestions of further study on support-related issues are given in the rapidly changing society and the increasing economic instability.

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Aircarrier's Liability by revised German Air Transport Act 2004 (독일항공운송법(獨逸航空運送法)에서의 항공운송인책임(航空運送人責任) -2004년(年) 독일항공운송법(獨逸航空運送法) 개정내용(改正內容)을 중심(中心)으로-)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.183-212
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    • 2004
  • Die Haftung des Luftfrachtf${\"{u}}$hrers nach dem ge${\"{a}}$nderten Luftverkehrsgesetz 2004 In dieser Arbeit handelt es sich um das ge${\"{a}}$nderte Luftverkehrsgesetz in Deutschland. Neuerdings werden die bisherige Vielzahl von v${\"{o}}$lkerrechtlichen Abkommen und Protokollen, europarechtlichen Bestimmungen und privatrechtlichen Vereinbanmgen durch das Montrealer ${\"{U}}$bereinkommen 1999 zu einem einzigen Instrument zusammengefuhrt. Am 4. 11. 2003 ist das ${\"{U}}$bereinkommen von Montreal f${\"{u}}$r die Ratifikationsstaaten in Kraft getreten. Der Anwendungsbereich des Montrealer ${\"{U}}$bereinkommen beschr${\"{a}}$nkt sich jedoch nach dessen Art. 1 auf die internationale Bef${\"{o}}$rderung. Urn bei reinen Inlandf${\"{a}}$llen einen Gleichlauf zu gew${\"{a}}$hrleisten, will der deutsche Gesetzgeber im Zuge der Ratifikation in ${\S}$ 46 LuftVG eine entsprechende nationale Haftungsbestimmung schaffen.

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Development of a Test Framework for Functional and Non-functional Verification of Distributed Systems (분산 시스템의 기능 및 비기능 검증을 위한 테스트 프레임워크 개발)

  • Yun, Sangpil;Seo, Yongjin;Min, Bup-Ki;Kim, Hyeon Soo
    • Journal of Internet Computing and Services
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    • v.15 no.5
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    • pp.107-121
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    • 2014
  • Distributed systems are collection of physically distributed computers linked by a network. General use of wired/wireless Internet enables users to make use of distributed service anytime and anywhere. The explosive growth of distributed services strongly requires functional verification of services as well as verification of non-functional elements such as service quality. In order to verify distributed services it is necessary to build a test environment for distributed systems. Because, however, distributed systems are composed of physically distributed nodes, efforts to construct a test environment are required more than those in a test environment for a monolithic system. In this paper we propose a test framework to verify functional and non-functional features of distributed systems. The suggested framework automatically generates test cases through the message sequence charts, and includes a test driver composed of the virtual nodes which can simulate the physically distributed nodes. The test result can be checked easily through the various graphs and the graphical user interface (GUI). The test framework can reduce testing efforts for a distributed system and can enhance the reliability of the system.

Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

A Study on the Swiss Cadastral & Registration System (스위스의 지적과 등기제도에 관한 연구)

  • Ryu, Byoung-chan
    • Journal of Cadastre & Land InformatiX
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    • v.50 no.2
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    • pp.169-187
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    • 2020
  • In Korea, Switzerland has been known as a country that integrates the Cadastral System (hereafter as CS.) and the registration system(hereafter as RS.) according to a research report by the Ministry of Home Affairs since 1975. However, I found that Switzerland's CS. and RS. were separately managed by the Dept. of Defense, Civil Protection & Sports(hereafter as DDPS.) and the Dept. of Justice & Police(hereafter as DJP.). Therefore, I have a question about where is the institution in charge of the CS. and RS. in Switzerland, what are the relevant laws and regulations, and what are the related public records, and the background and purpose of this study is to resolve this. Research Results First, cadastral affairs are handled by the Cadastral Surveying Division at the Federal Office for Topography (Swisstopo) under the DDPS, and the registered affairs are handled by the Private Law Division at the Federal Office for Justice under the DJP. Second, Cadastral-related laws include 'VAV' and 'TVAV' newly enacted in 1993, and Registration-related laws include 'Civil Act(ZGB)' and 'Order on Land Registration(GbVO)' etc. which have been in effect since 1912. Third, the cadastral record includes the Cadastral Books, Cadastral Maps & Numerical Cadastral Books etc, and the register includes the Hauptbuch, Tagebuch, Pläne, Liegenschaftsbeschreibung etc. It is hoped that the results of this study will provide an accurate understanding of the fact that Switzerland's CS. is managed separately by the DDPS, and the RS. is managed by the DJP.

A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • Journal of Legislation Research
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    • no.54
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    • pp.261-301
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    • 2018
  • In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.