• Title/Summary/Keyword: 법적근거

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원유의 세균학적 질:법적요구와 지불제도 - EU와 IDF 회원국 현황 -

  • 손봉환
    • Journal of the korean veterinary medical association
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    • v.33 no.4
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    • pp.222-234
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    • 1997
  • 유질은 성분과 위생상태로 결정되어 진다. 질/위생은 사람건강 보호와 적정소비에 대한 관점에서 보면 장점인 영양적 중요성에서 오는 욕망을 이르키는 성질과 일정범위의 좋은점 사이에 원유변화와 만나게되는 것이 필요하다. 높은 질/위생적 원유에 대한 가치의 주요 평가는 : - 부패미 생물의 낮은 수 - 유방염 병원성균이 포함된 병원성군이 없거나 대단히 낮은 수 - 가능한 한 멀리 피할 것은 잔류와 오염 그리고 또는 최고잔류한계(Maximum Residue linits. )이하를 지킬 것. 우유내 부패세균은 다음 군에서 주요 우유성분에 대한 공격의 그들 주요점에 의하여 세분할 수 있다. - 당분해(Glycolytes) - Streptococci, lactobacill; - 단백질 분해(Proteolytes) - Pseudomonads, Enterobacteriaceae, Aerobic sporeformer - 지방분해(Lipolytes) - Pseudomonads, Micncocci, Aeromonads, Coryneb acteria 원유내 부패세균의 존재와 분열은 우유성분 변화와 생산품의 질에 영향을 줄 것이다. 더구나 원유의 맛은 역의 영향이 될 것이며 열 안정성 세균성 효소는 생산품에서 계속적으로 작용된다. 특히 오랜 저장시에 그러하다. 그리고 안정성, cream의 맛과 UHT 우유에 나쁜 영향을 준다. 이 병원성 세균을 고전적 미생물과 최근 발견된 미생물이 포함된다. 현재는 Salmonella, 병원성 E. Coli 균주, Listeria monocytogenes, Campylobacter Jejuni, Yersinia enterocolitica, Staphylococcm aureu는 대단히 중요하다. 원유의 세균학적 질과 지불제도에 대한 법적요구는 우유위생지침 92/94 EEC와 IDF설문 2893/A(전문가모임 A8군)의 결과를 기준으로 설명되었다. IDF Nr. 305/1995는 농장 지불제도에 관한 정보가92/93년 동안 IDF국가들 사이 차이나는 실제적 위치가 실려있다. 지불제도의 차이나는 현상은 보고의 초점과 연관 유질, 위생적 질, 우유시료채취, 수집방법론 그리고 여러가지 지불공식과 관계된 조사는 논쟁이 있었다. 현재 있는 자료를 제시한 몇 나라는 1992년에 응용한 것이고, 기타는 그후 응답으로 1993년과 1994년에 있던 것이 제시되었다. 식품위생에서 법적인 요구는 HACCP제도가 더욱더 추가로 포함된다. 더우기 위험분석은 위생과 질에 관련시켜 모든 연결결정에 대하여는 과학적 근거가 있어야 한다.

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A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.5
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    • pp.11-20
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    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

A Study on the Industrial Condition, the Legal and Administrative Problems of Data Broadcasting Services (국내 데이터방송서비스 산업현황 분석 및 법적.제도적 쟁점에 관한 연구)

  • Kim, Kwan-Kyu;Lee, Si-Hoon
    • Korean journal of communication and information
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    • v.21
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    • pp.35-62
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    • 2003
  • This study is conducted to achieve following two purposes. First, this study investigates domestic conditions and problems of data broadcasting industry. Second, this study suggests the improving way of the legal and administrative systems in order to promote domestic data broadcasting industry. Survey was conducted with 16 companies and a few business men for gaining data of general condition and analyzing problems about domestic data broadcasting industry. The results are as follow: first, domestic industry was suffering from the lack of man power, finance, and the delay of data broadcasting service schedule. Second, respondents argued there was no the legal basis and the systematic regulation under the current digital broadcasting policy of government. To resolve those problems, this paper proposed the making laws preparing for the fusion service of communication and broadcasting, systematic assistance of government, the way of technology development and technical standardization, and the way of constructing infrastructure and cultivating man power.

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Measures for Early Demonstration of Fine Dust Reduction Technology - Focus on the Sidewalk Pavement -

  • Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.8
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    • pp.181-185
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    • 2021
  • Road fine dust is not simply a problem of air pollution, but is threatening the health and life of the public, including pedestrians using sidewalks. There are various policy proposals related to road fine dust reduction, but the actual effect cannot be guaranteed. Therefore, in order to ensure the safe and pleasant passage of the people, the pavement pavement (sidewalk pavement) for fine dust management on the road should be designed by considering the location, use, function, etc., and appropriate paving materials and construction methods should be selected and designed or sidewalk facilities should be prepared. Therefore, this study examines the concept and legal basis of sidewalk pavement, reviews the status of sidewalk pavement-related technologies that purify air pollution, and utilizes sidewalk pavement materials under the revised sidewalk pavement guidelines for reducing fine dust, 「Act on Promotion of Purchasing of Green Products」 We intend to establish a legal basis for early application of sidewalk pavement technology by proposing measures and amendments to local government sidewalk pavement management rules.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

Conceptualizing the Perceived Disability Discrimination and Its Application to Korea's Disability Discrimination Act (장애인에 의해 '지각된 차별(perceived discrimination)'의 개념화와 법적 적용에 관한 연구)

  • Jeon, Ji-Hye
    • Korean Journal of Social Welfare Studies
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    • v.40 no.2
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    • pp.399-425
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    • 2009
  • This study aims to conceptualize 'perceived disability discrimination', to evaluate the coverage of Korea's Disability Discrimination Act from the perspective of perceived discrimination, and to discuss the possibility of legal judgement on the perceived disability discrimination. As a general concept, it is the perceived discrimination that people with disabilities feel or experience any type of discrimination based on stigma, disability oppression, prejudice, or stereotype. The Korea's Disability Discrimination Act does not consider some perceived discrimination as a subject of legal judgement. Although indirect discrimination is a very good content to correct wrong social rules, values, institutions, actually, it is confronted with being remained useless. Perceived disability discrimination such as strangers' staring or benevolent disability discrimination are not included in the coverage of Korea's Disability Discrimination Act. The disability discrimination experienced by family members who has a disabled member was not a matter of current Korea's Disability Discrimination Act. Considering perceived disability discrimination, coverage of Korea's Disability Discrimination Act should be extended to the concept of discrimination against disability, not against people with disability. Based on the concept of indirect discrimination, social rules and institutions should be examined if they are discriminative or not in dealing with the matters of people with disabilities. Also, for judging perceived disability discrimination, it is necessary to use 'the standard of reasonable people with disability', which comes from judgement standard of sexual harassments. The reality of oppressive ideology against disability should be socially accepted and the social reconstruction for people with disabilities should go on.

The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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A Study on the Overcoming of the Legal Limits and the Status-Consolidating of the Online Services of the German Public Broadcasting System as the Third Media (독일 공영방송 온라인 서비스의 법적 한계 탈피와 제3의 미디어로서 위상 확립과정에 관한 연구)

  • Ko, Su-Cha
    • Korean journal of communication and information
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    • v.47
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    • pp.74-95
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    • 2009
  • With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

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Legal Issues in the Act on the Promotion of Education for the Gifted and Talented Law (영재교육진흥법에 대한 교육법적 쟁점)

  • Park, Chang-Un;Choe, Ho-Seong;Seo, Hae-Ae
    • Journal of Gifted/Talented Education
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    • v.19 no.2
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    • pp.211-240
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    • 2009
  • This paper attempts to explore issues related with the Sifted and talented education in legal aspects. To accomplish this goal, the legal system connected with the gifted and talented education is examined. It includes the Constitution of the Republic of Korea, framework act on education, elementary and secondary education act, etc,. Second, the institutional process of the Act on the Promotion of Education for the gifted and Talented Law and legal characteristics is reviewed. It is found that the Act on the Promotion of Education for the gifted and Talented Law and its regulations is designated to achieve goals of education in general. Educational institutions for children with gifted and talented seem to attain more investment than general education institutions. Third, main issues in the Act on the Promotion of Education for the gifted and Talented Law is discussed. They are the legal system, legal name and aim, rights and obligation for gifted and talented, selection of gifted and talented, organization and operation of curriculum, and teacher education. In conclusion, it needs deeper study on each issue and needs to be presented the specific alternatives. So, it should be improved the law in such a way to meet the fundamental human rights for the gifted and talented.

The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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