• Title/Summary/Keyword: 법적근거

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XML Web Services for Learning ContentsBased on a Pedagogical Design Model (교수법적 설계 모델링에 기반한 학습 컨텐츠의 XML 웹 서비스 구축)

  • Shin, Haeng-Ja;Park, Kyung-Hwan
    • Journal of Korea Multimedia Society
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    • v.7 no.8
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    • pp.1131-1144
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    • 2004
  • In this paper, we investigate a problem with an e-learning system for e-business environments and introduce the solving method of the problem. To be more accurate, existing Web-hosted and ASP (Application Service Provider)-oriented service model is difficult to cooperate and integrate among the different kinds of systems. So we have produced sharable and reusable learning object, they have extracted a principle from pedagogical designs for units of reuse. We call LIO (Learning Item Object). This modeling makes use of a constructing for XML Web Services. So to speak, units of reuse from pedagogical designs are test tutorial, resource, case example, simulation, problem, test, discovery and discussion and then map introduction, fact, try, quiz, test, link-more, tell-more LIO learning object. These typed LIOs are stored in metadata along with the information for a content location. Each one of LIOs is designed with components and exposed in an interface for XML Web services. These services are module applications, which are used a standard SOAP (Simple Object Access Protocol) and locate any computer over Internet and publish, find and bind to services. This guarantees the interoperation and integration of the different kinds of systems. As a result, the problem of e-learning systems for e-business environments was resolved and then the power of understanding about learning objects based on pedagogical design was increased for learner and instruction designers. And organizations of education hope for particular decreased costs in constructing e-learning systems.

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A Study on the Identity and Administration of Toy Library in South Korea (장난감도서관의 정체성 및 운영 실태 분석 연구)

  • Lee, Jong-Moon
    • Journal of Korean Library and Information Science Society
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    • v.44 no.3
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    • pp.75-98
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    • 2013
  • This study aimed to identify the problems of toy libraries by investigating and analyzing the identity and administration of toy library and so to propose the approaches to improve the legal and administrative status of toy library. In accordance with the analysis, only 9.8%(5) of 51 toy libraries in Korea was established on the basis of the Libraries Act. Most toy libraries were established and operated without any basis on legal institutions or toy library ordinances of local authorities(45%). The purposes of establishment were different from the identity of toy library specified in the provisions of Clause 1, 2 and 3, Article 2, Libraries Act, as 82.4% of toy libraries was established for rental of toys, providing game data and cultural activity service and distributing game programs. For the legal registration standards based on the Libraries Act, it was found that 96.1% exceeded the floorage requirements, 92.3% exceeded the seating requirement and 45.1% exceeded the collection requirement on the basis of the small libraries. Only 13.7% employed the librarians. Next, most toy libraries secured just 70% of the required budget. In conclusion, this study proposed the local authorities to establish the ordinances related to toy library on the basis of the Libraries Act. Next, it was also proposed for the toy libraries to register themselves in accordance with the Libraries Act for securing the legal status. Finally, the local authorities need to rationalize and support the budgets for rationalizing the administration of toy libraries.

Specialty Hospital and Keyword Searching Ads Regulation (전문병원과 키워드검색광고 규제)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.103-141
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    • 2017
  • The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

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Direction of Laws and Policies for the Regulation of Internet Personal Broadcasting (국내외 인터넷 개인방송 규제현황 및 규제 방향성 제언)

  • Lim, Han Sol;Jung, Chang Won
    • The Journal of the Korea Contents Association
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    • v.20 no.2
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    • pp.248-264
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    • 2020
  • This study aims to analyze the social and legal status of Internet personal broadcasting in Korea and propose the direction of personal broadcasting regulation based on overseas regulatory laws and the media characteristics of Internet broadcasting. The influence of Internet personal broadcasting has increasing, and social and legal problems such as pornography and fake news have also growing. In the absence of legal regulations on personal broadcasting on the Internet, academia is also discussing relevant legislation and policies at a general level of analysis. In addition, the current study argues that new legislative research is needed to respond to the rapidly changing media environment and to cope with the newly introduced Internet broadcasting content and platforms. The findings suggest that freedom of expression is a significant value, yet obscene materials for minors should be thoroughly regulated, and that internet personal broadcasting should be regulated to the minimum extent through self-regulation guidelines through cooperation between councils and related agencies or businesses. The significance of the current study indicates that it proposed the practical and concrete laws for the improvement of the quality of Internet personal broadcasting content, the establishment of new broadcasting policies for fair and diverse content development, and the efficient and fair regulation of personal broadcasting content.

A Study on a Legitimate Plaintiff in Cases Involving a State Request for a Right of Reply (반론보도청구사건에 있어 국가기관의 당사자 적격에 관한 고찰)

  • Yoo, Jae-Woong
    • Korean journal of communication and information
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    • v.21
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    • pp.147-175
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    • 2003
  • This study is primarily concerned with the criteria for choosing a legitimate state plaintiff in cases involving a states request to media for a right of reply. Interpretation of the right of reply itself is different from country to country because of different constitutional views and systems in each state. Unlike the United States, the constitution of the Republic of Korea does not expressly prohibit the making of laws adversely affecting freedom of the press. Accordingly, in Korea freedom of the press may be restricted through legislation within certain limits and the right of reply is not incompatible with the spirit of the constitution. An analysis of relevant law makes it clear that the particular agency aggrieved should initiate the suit rather than the Justice Minister. The idea that the Justice Minister should assume the role of plaintiff in all state cases seems to stem from flawed interpretations of provisions in the Law Governing Registration of Periodicals and the Law Governing Litigation Involving the State. Even though each state agency has the right of reply, it should be cautioned not to abuse it as the states frequent involvement in litigation may bring on unnecessary misunderstanding and have a chilling effect on the media. The right of reply does not always imply that a certain media report in question is wrong and the media should be sanctioned for it. The right of reply is basically intended to help the general public make an informed judgment on issues presented in the media and insure fairness and balance.

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A legal study on a Street Performance (거리 공연에 관한 공법적 고찰)

  • Lee, Jang-Hee
    • Journal of Legislation Research
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    • no.55
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    • pp.7-56
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    • 2018
  • This paper deals with the legal meaning and issues of street performances. The key elements in the legal sense of street performances (or artistic performances) are 'public places' and 'artistic activities'. Therefore, as far as belongs to "artistic activities in public places", we can call them in principle as street performances regardless of its level of art, whether they are paid or not, size of performances or genre of artistic activities. Street performances are a way for anyone to freely participate and enjoy art by being performed on open places. In addition, street performances can be seen as more popular and democratic artistic acts than mainstream art culture in that anyone can become street performers. Although street performances are in vogue and becoming a universal cultural phenomenon, they do not appear to be legally organized yet. However, we don't have to strictly regulate street performances on the grounds that they are something different and special. Instead, they should let their street performances be freely performed and enjoyed in accordance with the constitutional law that guarantees the freedom of art or the freedom of artistic expression. Of course, it is necessary to modify the relevant laws on key issues raised regarding street performances. Finally, for street performances to be well established as cultural phenomenon, it should be harmonized that efforts to observe the law and orders by street performers, mature rituals and cultural tolerances of citizens who enjoy street performances, and efforts to realize the purpose of cultural countries and to promote street performances by governments.

Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

Improvement Plan for Construction Management and Legislation of Donation Collection Facilities (기부채납 시설의 건설관리 및 법제에 관한 개선방안)

  • Lee, Juyong;Jung, Youngchul
    • Korean Journal of Construction Engineering and Management
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    • v.25 no.1
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    • pp.3-12
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    • 2024
  • The donation collection system to secure infrastructure and land necessary for public development projects has been actively applied as an effective means of realizing public interest and the concept of recovering development profits, and has contributed greatly to society in public difficult financial conditions. However, due to the ambiguous legal standards and lack of legal grounds for the operation of the donation collection system, it has been arbitrarily used for administrative convenience in the form of granting a donation collection assistant to install infrastructure. In addition, infrastructure is a facility that is constructed and donated within development profits to obtain licenses, and is promoted to minimize construction costs to improve profitability, posing a risk of poor infrastructure planning, design, and construction, resulting in increased safety and maintenance costs for citizens. Continuous system and legal improvement are needed to improve the excellence, convenience, and safety of facilities that citizens will use for half a century through the improvement of the donation system.

Legal Interpretation on Management Power of Article 7 Section 1 of Security Business Act (경비업법 제7조 제1항 "관리권 범위"에 대한 법적 해석)

  • Lee, Jong-Hwan;Lee, Min-Hyung
    • Korean Security Journal
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    • no.26
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    • pp.59-87
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    • 2011
  • Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

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Priority Scheduling of Digital Evidence in Forensic (포렌식에서 디지털 증거의 우선순위 스케쥴링)

  • Lee, Jong-Chan;Park, Sang-Joon
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.9
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    • pp.2055-2062
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    • 2013
  • Digital evidence which is the new form of evidence to crime makes little difference in value and function with existing evidences. As time goes on, digital evidence will be the important part of the collection and the admissibility of evidence. Usually a digital forensic investigator has to spend a lot of time in order to find clues related to the investigation among the huge amount of data extracted from one or more potential containers of evidence such as computer systems, storage media and devices. Therefore, these evidences need to be ranked and prioritized based on the importance of potential relevant evidence to decrease the investigate time. In this paper we propose a methodology which prioritizes order in which evidences are to be examined in order to help in selecting the right evidence for investigation. The proposed scheme is based on Fuzzy Multi-Criteria Decision Making, in which uncertain parameters such as evidence investigation duration, value of evidence and relation between evidence, and relation between the case and time are used in the decision process using the aggregation function in fuzzy set theory.