• Title/Summary/Keyword: 법적근거

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A Basic Analysis on the Operation of the Cultural Heritage Committee (부록 1. 문화재위원회의 역할에 관한 기초적 분석)

  • Kim, Hong-real
    • Korean Journal of Heritage: History & Science
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    • v.38
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    • pp.421-474
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    • 2005
  • The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural properties. The Cultural Heritage Administration is responsible for Korean cultural properties. It was found to produce and execute policies on cultural properties, which involves in-depth investigation and consultation of experts in the fields of cultural properties. In here the Cultural Heritage Committee plays an important role in policy-making on Korean cultural properties. Governmental committees in Korea are largely divided into consultation committees and administrative commissions. Consultation committees are subdivided into consultation, deliberation and legislative committees. The Korean government established the Bureau of Cultural Properties in October 1961, and enacted provisions (as a presidential decree) on March 27, 1962, by the Cultural Properties Act, January 10, 1962. The Cultural Heritage Committee was opened as a deliberation committee which covers the entirety of cultural properties, including designation and cancellation of cultural properties, on which currently 120 members serve in 9 subcommittees. The committee member hold two years membership. This analysis contains a frame and scheme of the committee, function and statue of the current operation and study on role of a deliberation committee.

A Study on the Public Broadcasting and Audiovisual Archive : Focusing on the INA (공공 방송·영상 아카이브 연구 프랑스 INA 사례분석을 중심으로)

  • Kim, Hee jin;Yi, Kyoung Yong
    • The Korean Journal of Archival Studies
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    • no.70
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    • pp.157-187
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    • 2021
  • Broadcasting and audiovisuals are the easiest audiovisuals to access in everyday life and are shared through the media by recording the times. Overseas, independent broadcasting and audiovisual archives are already in operation under the legal system. As the domestic broadcasting and audiovisual industries continue to grow in size and are drawing global attention, the establishment and operation of public broadcasting and audiovisual archives need to be discussed in more detail. In particular, it is clear that the legal device is a task that must be preceded as the basis for the establishment of public broadcasting and audiovisual archives. To this end, this study first looked at the Digital Archive Center, which was operated in the 2000s. In addition, the cause of the dismantling of the Digital Archive Center was considered as the absence of a legal device, and the case of the Institut national de l'audiovisuel(INA), which has been operating on a legal basis for a long time, was investigated. INA is a representative example of implementing a lead-based system in the broadcasting and audiovisual fields, and has been introduced several times through previous studies, but tends to be focused on user services. Therefore, in this study, the analysis was focused on legal factors supporting the operation of INA. Finally, in order to realize the Public Broadcasting and Audiovisual Archive discussed in the previous study, I would like to suggest a legal device for the establishment of Public Broadcasting and Audiovisual Archive in Korea.

A Study on the Active Economic Activities by the Job Program to Overcome the Poverty of the Elderly in the Aged Society (고령사회 노인빈곤 극복의 일자리사업을 통한 적극적 경제활동 방안 고찰)

  • Kim, Young-Chul;Kim, Seo-Ho
    • Industry Promotion Research
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    • v.6 no.1
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    • pp.55-62
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    • 2021
  • This study regards the need for jobs to overcome the poverty of the elderly in an aged society, and as well as researches ways to participate in active economic activities in old age. The results of the study are as follows. First, the legal system needs to be improved. In addition to institutional support for the expansion of jobs for the elderly, improvement of awareness of the elderly and reinforcement of infrastructure such as a delivery system are required, and a legal basis for this is needed. To this end, occupations targeting the elderly must be selected first, and legal procedures must be prepared by the government. Second, there must be social consideration and support for the elderly. Extension of the retirement age plays an important role in enhancing employment for the elderly. Along with the improvement of the legal system, social consideration is required. Therefore, since the elderly policy without social consensus is bound to fail, various support methods that can lead to social support must be devised. Third, the elderly must have a sense of poverty and willingness to rehabilitate themselves. Elderly people should not only ask for their children and social support. The elderly must be able to find a way to become the economic agent themselves. To do this, a basic awareness of the elderly poverty consciousness is needed, and a change of awareness to escape the poverty of the elderly is necessary. Therefore, the elderly need to be self-reliant, and they must choose jobs according to their own abilities. In conclusion, the elderly job program is a part of income increase that solves the poverty of the elderly in the aged society, and the elderly are required to actively participate in economic activities.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

Study on the Legal Protection of Sports Organizer's Profit and Introduction of Intellectual Property Right (경기주최자의 재산적 이익의 법적 보호방안과 지식재산권 도입론)

  • Lee, Sung-Un
    • Journal of Legislation Research
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    • no.54
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    • pp.345-382
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    • 2018
  • Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

A Study on the New Management Technology Model in Service Economy Era (서비스경제시대의 경영기술 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.10 no.4
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    • pp.101-125
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    • 2020
  • This study was conducted to derive a management technology model based on the new management framework established in previous studies. The management technology sector, which occupies most of the existing business administration, is defined as a technical division in new management. In this study, the theory of management technology based on the service philosophy of the service economy era was presented. The structure of new business, which is the basis of new management technology, is presented first, the service philosophy of the service economy era where management is performed, and then the management technology model based on service philosophy is presented. The management technology model was derived on the basis of immutable axioms. After presenting new management axioms based on common human ideology and nature and human nature, a management technology model was presented based on axioms. On the basis of the axioms, a new dialectical development model was developed as a model for the dialectical development that maintains a tight balance and a fierce interaction between two opposing parties based on the structure and operation model of service philosophy. In addition to the overall organizational management model, a management function model and a management expansion model were presented. Each detailed technique is presented as a model for dialectical development of opposing confrontations. Management technology is a dynamic technology that is constantly changing, and is an overall technology that takes into account various situations and viewpoints. This study has significance as a basic study to overcome the limitations of the existing static management technology and develop dynamic management technology. Future research requires empirical analytical studies on new management technology models.

Comparative Study of Institutional Approaches to Children's Playgrounds for Ensuring the Right to Play (놀이권 보장 측면에서 본 국내외 어린이놀이터 관련 법제 비교 연구)

  • Song, Yun-Jeong;Lee, Sang-Min;Kang, Hyunmi;Kim, Suin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.6
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    • pp.33-45
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    • 2023
  • The importance of play from a Children's Rights perspective has been continuously emphasized, and the need for play facilities and spaces has been reiterated. Meanwhile, in South Korea, despite the continuous increase in the number of play facilities, efforts to improve children's play spaces are required. Therefore, this study reevaluated the current regulations and policies concerning play and play spaces from the perspective of securing the right to play. An analysis of the legal concept of domestic playgrounds, related laws, construction standards, and regulations was conducted. The systems and characteristics of the related regulations in the UK, Canada, and Germany were analyzed. Based on the results of the comparative analysis, our directions for improving the system of playgrounds to ensure the children's right to play were proposed. First, a legal definition of the concept and scope of playgrounds should be established. Second, beyond safety-focused facility regulations, there is a need for institutional enhancements to ensure the right to play. Third, comprehensive management of playgrounds is required as a spatial concept rather than as individual facilities. Fourth, qualitative management is needed through specific guidelines and guidelines related to the establishment of playgrounds. These results can serve as a basis for establishing systems and promoting policy projects to ensure children's right to play in various fields, including urban planning, child welfare, and education in the future.

An Empirical Study on the Driving Force for Diffusion of Surrender B/L as an International Trade Payment Document (무역결제서류로서 Surrender B/L의 확산 동인에 관한 실증연구)

  • Hye-Young Joo;Byoung-Boo You
    • Korea Trade Review
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    • v.48 no.2
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    • pp.153-174
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    • 2023
  • Electronic bill of lading, Letter of Guarantee, Surrender B/L, Seaway Bill, etc. have been proposed as alternative tools to overcome the crisis of bill of lading, but the most useful of these is by far the Surrender B/L. However, since the Surrender B/L has various problems due to the absence of a legal basis, studies so far have been conducted focusing on these legal limitations or problems in use of the Surrender B/L. This study tried to empirically identify the factors that affect the spread of Surrender B/L by expanding this point of research view. A hierarchical regression analysis was conducted by acquiring 190 valid samples centered on member companies of the Korea International Freight Forwarders Association. In addition, the R program was used to diagnose the research data and analyze the degree of spread by region. As a result of the empirical analysis, it was found that the utilization of Surrender B/L increased due to the convenience and cost reduction effect of Surrender B/L and the apprenticeship training of forwarding companies. In addition, as a result of regional analysis, the spread of Surrender B/L was notable not only in neighboring regions but also even in areas far from Korea.

Policy of Surging Investment to Early Startups Via Boosting up SAFE in Korea (창업초기투자 촉진을 위한 한국형 SAFE 활성화 방안에 대한 연구)

  • Park, Jin;Yang, Youngseok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.6
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    • pp.1-12
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    • 2022
  • This paper put the goal on boosting up early startup investment by delivering and positioning SAFE as the main early startup investment type in Korea. In particular, this paper proves the better fitting of SAFE as to the early stage of venture investment than these of Convertible Note. This paper as referring the previous studies of SAFE as the major keystone issues determining active SAFE applying (legal positioning issue, tax treatment issue, failure of inducing the following investment with uncertainty over maturity) proposes boosting up policy of Korean SAFE. First, as to accounting treatment of SAFE, it suggests SAFE to recognize legally as "the capital" on the Korean Venture Investment Act of introducing SAFE actively as venture investment type. Second, as to tax treatment issue, it proposes on amending venture indication rule as the best alternative of resolving tax issue by accepting SAFE as the investment meeting to venture investment requirement. Third, as benchmarking foreign cases, it delivers the method of modifying foreign SAFE Contract Format by adding up more clauses about safety vehicles against the failure of the following investment and fixing maturity date and event. Ultimately, all resolutions of this paper fall on highlighting the role of Korean Venture Investment Act and Ministry of SMEs and Startups.

With Corona Era, exploring policy measures to prevent non-face-to-face lonely deaths - Focusing on Daegu Metropolitan City's AI and IOT cases of lonely death prevention (With 코로나 시대 비대면 고독사 예방정책 방안 모색 - 대구광역시 AI, IOT 고독사 예방 사례를 중심으로)

  • Ha-Yoon Kim;Tai-Hyun Ha
    • Journal of Digital Convergence
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    • v.21 no.3
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    • pp.49-62
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    • 2023
  • Due to social and cultural changes and the growth of aging people living as a single because of aging, lonely deaths are steadily increasing, and each local government has begun to define them as a social problem. The legal basis began to be established. In order to explore policy measures to prevent lonely deaths, this study examined cases of lonely death prevention policies using smart digital information technology (AI, IOT), which is being promoted by Daegu Metropolitan City to promote non-face-to-face policies to prevent lonely deaths. Policies related to lonely deaths are divided into two axes: lonely death prevention projects and post-excavation support projects. In order to operate these businesses efficiently, the provision of non-face-to-face services through artificial intelligence and the Internet of Things is recognized as a new service delivery system, so the importance and necessity of non-face-to-face services is increasing. It is time that multifaceted changes and preparations are needed, such as establishing a system to expand the non-face-to-face industry at the national level. In order to respond to another national disaster situation in the future, the non-face-to-face smart care system is being expanded in various welfare policies such as preventing lonely deaths. It will have to be activated.