• Title/Summary/Keyword: 법적근거

Search Result 478, Processing Time 0.028 seconds

A Study on the Investigation of the Awareness for the Privacy of the Users at the School Libraries (학교도서관 이용자의 프라이버시에 대한 인식조사연구)

  • Sim, Jae-yun;Noh, Younghee
    • Journal of the Korean BIBLIA Society for library and Information Science
    • /
    • v.26 no.4
    • /
    • pp.31-63
    • /
    • 2015
  • This research was based on the investigation of the awarenesses of librarians of issues regarding the privacy of the users of school libraries. It sought to determine if, by raising the issue of the importance of the need for the protection of the personal information of the users of the school libraries, and the implications of not paying attention to the rules in effect, the awareness regarding the privacy of the users of school libraries would be improved. For this, previous research related to the privacy of the students, the legal basis for the protection of the privacy of the domestic and foreign students, and the types of the infringements upon the protection of their personal information were investigated. A survey was conducted to measure the awareness of issues related to the privacy of the users of the library. The research showed the results as follows: First, the awarenesses regarding the privacy of the users of the school libraries appeared low, and low recognition was also found regarding the awareness of the cases of the infringements upon the privacy of the users of the school libraries; regarding the awareness in relation to the protection of privacy; regarding the seriousness of the privacy problems of the users; and regarding the factors that can encroach upon the privacy of the users. Second, regarding the seriousness felt when the library records of the users of the school libraries are leaked to the outside, 41.6% of the respondents responded by saying "It is serious", and 18.4% responded by saying "It is not serious". Third, as a result of investigating the awareness regarding whether the consent of the person concerned is needed in case a third party requests access to reading the records in the library, 68.5% of the respondent responded "It is needed", and only 10.4% responded "It is not needed". Last, in the investigation into whether the respondents had the experience of being educated as to the rules related to the privacy of the users at a school or an external organization, over 80% of the respondents answered that they did not receive it.

Mixed Methods Research on Issues of Residential Care Services for Children and Youth with Disabilities (장애아동청소년의 거주서비스 쟁점에 관한 혼합방법론 연구)

  • Kim, Mi-Ok
    • Korean Journal of Social Welfare
    • /
    • v.63 no.3
    • /
    • pp.55-82
    • /
    • 2011
  • This study aims to explore the issues of residential care services for children and youth with disabilities using mixed methods research. In Korea, welfare policies for people with disabilities tend to focus on adults with disabilities. As a result, children and youth with disabilities often receive less attention in welfare policies, which is especially true of children and youth with disabilities at residential facilities, who have confronted more serious situations than children and youth with disabilities living together with their families. Thus, the goal of this study explores the issues of residential care services for children and youth with disabilities, and suggests alternatives grounded in the research results. This study used a mixed methodology; in particular the embedded design that is designed by Creswell and Clark(2007). In qualitative research, representative professionals who work at residential facilities were selected using the recommendations of professional groups, and were interviewed using focus group interview methods. In quantitative research, this study investigated the thoughts of professionals on the issues of residential care services for children and youth with disabilities, using questions that were developed through qualitative research results. This study is significant in that it explored the issues of residential care services for children and youth with disabilities, focusing on field experiences, for the first time in Korea, and suggested political alternatives for the future.

  • PDF

Exercising the Rights of Self-Defense and Using Force in Response to North Korean Provocations (북한의 군사도발에 대응한 군사력 사용과 자위권 행사)

  • Bai, Hyung-Soo
    • Strategy21
    • /
    • s.40
    • /
    • pp.216-234
    • /
    • 2016
  • 본 논문은 자위권 사용과 군사력 사용 간의 관계를 분석하고 이를 한반도 서해에서의 한국과 북한 간 해상긴장 상황에 적용시킨 이슈를 다룬다. 국가가 행사하는 자위권(self-defense: 自衛權)은 기본적으로 전쟁 방지를 위한 기본적 원칙이다. 그러나 이는 군사력 사용(Use of Forces: 軍事力 使用) 또는 무력행사(武力行事)이라는 측면에서 칼의 양날과 같은 결과를 낳는다. 즉 자위권 행사로 전쟁의 확산을 방지하는 반면에 자위권 행사로 상대방에 대한 적성(敵性)을 인정해 주는 경우이다. 반면 북한의 군사도발은 전방향적이며, 1953년 한반도 정전협정 위반이다. 1953년 정전협정 체결 이후 양국은 서해 북방한계선(NLL)에서의 군사적 충돌을 거쳤으며, 이는 과연 한국이 자위권 차원에서의 방어태세와 군사력 사용 측면에서의 대응태세 간에 괴리가 존재하고 있다는 것으로 나타나고 있다. 당연히 피해를 받는 곳은 한국이며, 이는 서해 북방한계선에서의 남북한 해군 간 대결국면에서 나타나고 있다. 이에 본 논문은 자위권을 국가 차원 행사하는 수준과 작전에 투입된 현장 작전 지휘관 차원에서 행사하는 수준으로 구분하여 다룬다. 서해 북방한계선 부근 수역에서의 북한의 해상 군사도발에 대해 현장 작전 지휘관이 행사하는 자위권은 대한민국 정부 차원에서의 자위권 행사와는 다르면, 이 문제를 국제법을 중심으로 분석하기에는 너무나 많은 제한점이 있다. 현행 국제법상 국가 자위권 문제는 군사력을 동반하는 문제로서 그 행사요건이 매우 애매모호하고 까다롭다. 그러나 현장 작전지휘관의 자위권 행사는 단호해야 하며, 이는 군사력 운용으로 나타나야 한다. 실제 서해에서의 남북한 대결국면에서의 대한민국 해군의 자위권 행사는 정전협정에 의거 제한되고 있으며, 이는 2010년 북한의 천안함 침몰과 연평도 폭격도발 시 대한 민국 해군과 해병대의 대응에서 증명되었다. 현재 대한민국 국방부는 현장 작전 지휘관에서 소위 '선제적 자위권 행사' 부여 필요성에 대한 논의를 진행 중으로 알려져 있다. 이에 따라 선제적 자위권 행사를 위한 조치들을 제도화하는 움직임을 보이고 있다. 예를 들면 2013년 발표된 대한민국 합참과 유엔사령부/한미 연합사령부/주한미군사령부 북한 군사 도발에 대한 대응계획(ROK JCS and UNC/CFC/USFK Counter-Provocation Plan)이 이를 간접적으로 증명하고 있다. 선제적 자위권은 행사에 있어 몇 가지 원칙을 요구하고 있으며, 이에 대한 합법성 문제는 아직 해결되고 있지 않다. 따라서 이 문제와 북한 군사도발 시에 대한 대한민국의 선제적 자위권 행사 간 연관성 문제를 어떻게 해석할 수 있는가에 대한 연구가 필요한 실정이다. 평시 군사력 사용에 따른 무력행사의 적법성은 그 인정이 대단히 어려운 것이 현실이며, 이에 따라 북한의 군사도발에 대한 가장 효율적 방안이 선제적 자위권이라면, 이에 대한 법적 대응이 무엇인가에 대한 제도적 근거를 필요로 할 것이다.

A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
    • /
    • v.16 no.4
    • /
    • pp.79-102
    • /
    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

  • PDF

Legal approach on uniliteral changing membership in the airlines' frequent flyer program (항공사의 상용고객우대제도 변경에 관한 법적 고찰 - 미국 연방대법원의 Northwest, Inc. v. Ginsberg사례를 중심으로 -)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.30 no.1
    • /
    • pp.65-94
    • /
    • 2015
  • Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

The Use of School Science Textbooks, and Laws and Rules Concerned with Their Publication and Approval from 1895 to 1915 in Korea (1895년부터 1915년까지 과학 교과서의 발행, 검정 및 사용에 관련된 법적 근거와 사용 승인 실태)

  • Park, Jong-Seok;Chung, Byung-Hoon;Pak, Sung-Jae
    • Journal of The Korean Association For Science Education
    • /
    • v.18 no.3
    • /
    • pp.371-382
    • /
    • 1998
  • The years from 1895 to 1915 marked an important period in Korean because it was the start of modern education during which a new school system was developed. In particular, the Government made laws and rules concerning the use of textbooks in schools. In this research information about books in use in schools was obtained from the {School Textbook List} which was drawn up during this period. Science textbooks printed in Korea from 1895 to 1915 were control1ed in their use by the Ministry of Education and the Government General of Chosen. They used the Private School Ordinance, Regulations for Official Examination of Textbooks in 1908, and Law of Publication in 1909 as the main means of controlling textbooks. The official examination of textbooks under the Japanese rule of Korea resulted in an increasing number of science textbooks being banned. While science textbooks had enjoyed more freedom from control by the Government General of Chosen than other textbooks, the situation changed significantly as Japan to intensify the control of all kinds of textbooks in Korea.

  • PDF

Analysis for Measured Results in EMF Strength Exposure Level under Base Station Environment for Mobile Communication (이동 통신용 기지국 환경에서 전자파 강도 노출량 측정 결과 분석)

  • Song, Hae-Zu;Kim, Soon-Young;Lee, Moon-Ho
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
    • /
    • v.21 no.6
    • /
    • pp.601-609
    • /
    • 2010
  • This paper measured EMF strength of the duty measurement radio station(77 station) and the non-duty measurement radio station(41 station) of mobile communication base station in Jeonbuk region. As the result of measurement, it generally reveals that EMF is highly low level compare to the human protection guideline. And It is regarded as level that the national people who live close to the mobile communication base station don't have to worry about electromagnetic wave. This paper provides comparative analyses categorized by the duty measurement station and the non-duty measurement station. The results reveals that the average value and the maximum value of the non-duty measurement station preferably was higher than all the duty measurement station. It is thought that the EMF exposure strength of the national people is caused by approach of station antenna rather than antenna power. Consequently this paper suggests that standard of the antenna power(exceed 30 W), standard of antenna height(exceed 10 m) specified by Radio Regulation Act enforcement ordinance, legal basis for mobile communication base station have to be changed.

A Study on the Museum Renovation in the Preserved Area of Cultural Properties for Sightseeing Resources (관광자원화를 위한 문화재보호구역 내 미술관 리노베이션 계획연구 -사적 제314호 광주 분원리 조선백자도요지 내 폐교를 중심으로-)

  • 정영환;유보현
    • Archives of design research
    • /
    • v.17 no.2
    • /
    • pp.43-54
    • /
    • 2004
  • The appreciation of cultural properties related with what the aspects of society was is mandatory to understand our culture correctly. To make over all cultural properties to our descendants without breakage or damage is our natural duty and national obligation. On the contrary, inhabitants in the preserved area should be restricted and controlled by the cultural property law. The conflict between the inhabitants in the preserved area and the government raises economical problems and damages all the time. Especially it is time to discuss to mediate between them and solve the problems. This feasible study is a proposal to settle them up through renovating abolished school in the preserve area to the museum and a case to preserve the cultual properties as well as habitant's assets in that area.

  • PDF

A Study on the Post modern Reality in Animation - Focused on Animatrix - (애니메이션에 나타난 포스트모던 리얼리티 연구 - 애니매트릭스를 중심으로 -)

  • 이준수
    • Archives of design research
    • /
    • v.17 no.2
    • /
    • pp.403-412
    • /
    • 2004
  • Animation has been developed with trying a transformation of a reality continuously. The animation's trio is needed to study how the reality is expressed, transform, and developed through postmodernism, which the culture characteristic is one of culture phenomenons. First of all, to study, it s need to define what is animation and postmodernism. And then, the characteristic of postmodernism is studied to figure out how to relate with the reality in animation by the definition, and the reality is classified and expressed properly by a animation film. According to the study, the theory of simulation in animation based on Jean Baudrillard is to express the reality of post modern animation. 11 also shows what master narration is collapsed by the disorganization an outlook on consideration of an idealism and an absolutism and by the reality based on the implication aesthetic through the stream of the times. Finally, according to the combination of the genre such as the mixing 3-Dimensional and 2-Dimensional images, the appearance of the new genre is a result of the autogenous efforts in the animation which makes up the lack of the narrative due to the magical character of the hyper-realism image and the external image caused by the rapid development of technology. In this paper, the post modern reality is analyzed by a animation film such 'Animatrix', and the paper discusses how to express and re-analyze post modern reality in the animation.

  • PDF

Review on the Cooperative Policing System in Japan (일본의 민경협력치안제도에 대한 고찰 및 시사점)

  • Kim, Gyoo-Sik;Choi, Eung-Ryul
    • Korean Security Journal
    • /
    • no.36
    • /
    • pp.29-55
    • /
    • 2013
  • In modern society, citizen's expectation about policing levels have been rising over time and it limited resources of the police to deal with the security services are insufficient. Until now, the state monopoly of the police activity was changing to subject of a variety in cooperation with public security system. The citizens considers community not the destination to police enforce the law but space for effective policing partners. Japanese police focus on cooperation oriented policing to strengthen the police and local residents with crime prevention for a long time. Also, the community through a variety of problem-solving policing activities to identify problems such as anxiety and anguish of the people. The legal basis for cooperative policing activity is that Nagaoka city crime prevention regulation in 1979. In recent years, Tokyo local government legislated the safe town development regulations(東京都安全 安心まちづくり條例) and set up the hot-spot area to promote the safety of public facilities. Cooperative policing not police intervention for crime prevention but national policy for the city reclamation in Japan. Police as well as the Ministry of Land and Transport, Ministry of Justice, Ministry of Education, Prime Minister and all government departments thread safe city, crime prevention, and has been working to make the safe city. Japan's cooperative policing is a system that receives the most attention and greater implications.

  • PDF