• Title/Summary/Keyword: 법률적 쟁점사항

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Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

A Study on the Liability for Damages of Air Carriers (항공운송인의 손해배상책임에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.01a
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    • pp.95-98
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    • 2020
  • 4차 산업혁명과 더불어 급격하게 성장하고 있는 우리나라 항공운송산업은 다른 교통 및 운송수단에 비교하였을 때 항공운송이 갖는 고유한 특성인 안전성, 경제성, 국제성 등의 장점으로 인하여 꾸준히 성장을 거듭하고 있는 것이 사실이다. 하지만 이러한 성장과정 속에서 우리가 예상 할 수 없이 갑작스럽게 벌어지는 항공기 엔진 결함으로 지연 및 항공기 추락사고 등으로 발생되는 법률적인 분쟁도 지속적으로 증가해 가는 것도 틀림이 없다. 한편 그동안 항공사고를 둘러싼 인명피해나 재산상 손해에 대한 법률적인 분쟁에 있어서 국제항공운송과 관련해서는 국제조약으로 국내항공운송은 각 항공사가 제시한 항공운송약관 및 민법, 상법 등으로 해결을 해왔었다. 따라서 본 연구에서는 항공기사고와 관련한 항공운송인의 손해배상책임에 대한 쟁점사항을 살펴보고 그에 대한 합당한 개선방안을 적시하고자함이 본 연구의 목적이다.

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A Study on Legal Commentary Information Services Based on the Usage Patterns of Legal Information Sources (법률정보원 이용행태에 기반한 주석서 정보서비스에 관한 연구)

  • Won, Jong Sam;Lee, Jee Yeon
    • Journal of the Korean Society for information Management
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    • v.37 no.1
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    • pp.127-151
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    • 2020
  • The court has the responsibility to determine the final interpretation of the law. The court hands down final decisions on personal disputes and conflicts between individuals and the state. Legal commentaries will stay true to their intention of providing diverse legal theories and enabling a unified legal interpretation only when law practitioners are allowed to discuss in depth laws, cases, and legal theories within the boundaries set by commentary authors. If law practitioners include the latest laws, cases, and legal theories as well as their opinions to existing commentaries in their judicial roles and legal studies, they will be able to obtain a unified legal interpretation without referring to other legal literature.

Research trend analysis of the introduction at the issue of private investigation institution (민간조사제도 도입시 쟁점에 대한 연구동향 분석)

  • Seo, Jin-Seok
    • Convergence Security Journal
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    • v.15 no.3_2
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    • pp.11-19
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    • 2015
  • This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

A Study on Telemedicine Service Issues (원격의료 서비스의 쟁점사항에 관한 연구)

  • Jung, Yong Gyu;Kim, Jang IL;Kwon, Jun Cheol;Choi, Young Jin
    • Journal of Service Research and Studies
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    • v.4 no.2
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    • pp.57-67
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    • 2014
  • Because telemedicine is also the medical care, it is limited by law to allow medical personnel only physician because there would cause a risk to health and hygiene. Since the work dealing with the life and honor the human body involving a small mistake, it may be difficult to recover the damages can be recovered even if the telemedicine. Therefore, systematically it is to allow remote medical care only proven national healthcare only clinical practice starting with basic medical medicine, and received training as a systematic study of the body and life of humans. The patient information could get far away in the distance to provide medical information and professional advice to the remote system, even if you can not be reached due to several issues such as the number of differences that occur in time. We Mentioned various opinions on regulatory issues and information gathered for the development of the medical industry in this respect.

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A Study on the Stabilization of Employment about the Irregular Librarians in Kyungnam Public Schools (경상남도 학교비정규직 사서 고용안정에 관한 고찰)

  • Yang, Jae-Han
    • Journal of Korean Library and Information Science Society
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    • v.43 no.3
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    • pp.217-237
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    • 2012
  • The library activation projects at school which has continued for the 10 years starting from 2003 provide us with too many irregular librarians. This study is not only to analyze the current state for their employment, the condition for their employment, and the causes of their conflict in the schools; but also to suggest some methods for the stabilization of employment that most irregular librarians currently have. As for the methods, there could be two ways: (1) to understand who play the key users for the library through the analysis of conflicts related to labor-condition and (2) to suggest how to legalize the stabilization of employment for the irregular librarians at school.

Analysis by Defensive Process Prerequisite and Offensive Cause of Action on the Merits of Lawsuit Cases in Urban and Housing Redevelopment - Based on Affirm-Rate and Staircase Matrix Tables - (도시정비사건 소송의 본안전항변사유와 본안쟁점사항에 관한 분석 - 인용률 및 행렬표식 분석기법을 활용한 -)

  • Kim, Yohan;Jung, Boseon;Lee, Sangyoub
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.104-114
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    • 2019
  • This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law.

The study of meanings and follow-up tasks for enactment of Assistive Technology Act in Korea (한국의 보조기기법 제정 의의와 후속과제에 대한 연구)

  • Nam, Se-hyun
    • Journal of Digital Convergence
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    • v.14 no.10
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    • pp.535-542
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    • 2016
  • This study was to explore the meanings and follow-up tasks for enactment of Act on Supply and Utilization Promotion of Assistive Technology Devices for People with Disabilities and Seniors(Assistive Technology Act) in Korea. I conducted analysis about contents and establishment process of the Act. The study found meaningful effects ; it provided the basis for supporting assistive technology devices based on the social model, it led to an Implementation of the national obligations such as UN Convention on the Rights of Persons with Disabilities, it provided terms related to assistive technology. It is suggested to conduct follow-up studies and to put the efforts to strengthen additional laws for backing up the effective policy for extended support of assistive technology devices and for security of budget, for establishing regional service centers, for phasing of professional qualification, for controlling quality, for establishing an information system, and for promoting industries.

A Study on the Modernization of the Rome Convention and its Issues - Focusing on the recent ICAO Legal Committee's Discussion (로마조약의 현대화와 쟁점에 관한 고찰 - 최근 ICAO법률위원회의 논의를 중심으로 -)

  • Kim, Jong-Bok;Maeng, Sung-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.33-54
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    • 2008
  • The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

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Challenges in Accordance with Current Law by the Enforcement of the Medical Dispute Adjustment Act (의료분쟁조정법의 시행에 따르는 현행법상의 해결과제)

  • Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.4
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    • pp.139-147
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    • 2014
  • Medical disputes the problem that occurs essentially among the rapidly increasing of the demand for health care and the attention of the public health. The subject of dispute is mostly criminal penalties and civil redress due to a physician's medical malpractice, resolved by agreement was prioritized. They trying to solve through the litigation and exercise the skills. But, the lack of clear standards and related legislation make difficult to solve the problem. for this, "The Act of Medical Malpractice Damage's Relief and Mediation for Medical Dispute Resolution" (Medical Disputes Adjustment Act) was enacted in April 7, 2011 and performed in Apr. 8, 2012. To solve the problem autonomously between the parties. It is the legislative intent such as mediation or arbitration to solve the conflict between the parties. But there are some problems that examined from the perspective of constitutional review with the criminal and civil problems. Therefore, this paper will find out the legal issues about Medical Dispute Adjustment Act and the constitutional and civil issues. And want to expect to be prepared the more stable and efficient solution of medical disputes.