• Title/Summary/Keyword: 법적근거

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Measures to improve the legal system for commercialization of sand dams (샌드댐 상용화를 위한 법제도 개선 방안)

  • Shim, Young-Gyoo;Chung, Il-Moon;Kim, Min-Gyu
    • Journal of Korea Water Resources Association
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    • v.55 no.8
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    • pp.635-643
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    • 2022
  • Attempts are being made to use the sand dam as an alternative water resource securement facility by installing and operating sand dams in valleys, where water intake capacity is extremely limited, in areas with limited water supply in the upstream watershed of Korea. In the case of some countries in Africa, where sand dams are known to be most actively installed and used, it is difficult to find examples of establishing and applying a separate legal system for sand dams. A sand dam is a kind of groundwater dam, and in view of its concept, structural and technical form and characteristics, purpose, use, and function, it will be said that it has the legal character and status as a facility for securing groundwater resources specified in the current 「Ground Water Act」. Interpretation and application of regulations on facilities for securing groundwater resources also supports this. Therefore, it is legal and realistic to promote and implement the sand dam project as one of the installation and management projects for securing underground water resources based on the 「Ground Water Act」.

Development of a Korean-version Integrated Message Set to Provide Information on Traffic Safety Facilities for Autonomous Vehicles (자율주행 자동차 대응 교통안전시설의 정보 제공을 위한 한국형 통합 메시지 셋 설계 방안 연구)

  • Eunjeong Ko;Hyeokjun Jang;Eum Han;Kitae Jang
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.21 no.6
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    • pp.284-298
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    • 2022
  • It is necessary to acquire information on traffic safety facilities installed on the roadways specifically for the operation of autonomous vehicles. The purpose of this study is to prepare a Korean version of an integrated message-set design as a way to provide to autonomous vehicles standardized information on traffic safety facilities. In this study, necessary facilities are classified according to four criteria (no legal basis; not providing information to autonomous vehicles; providing duplicate information; not standardized, and too difficult to generalize) based on information that must be provided to operate autonomous vehicles. The priority of information delivery (gross negligence followed by behavior change) was classified according to the importance of the information to be provided during autonomous driving, and the form was defined for the classification code in the information delivered. Finally, the information location and delivery method of traffic facilities for compliance with SAE J2735 were identified. This study is meaningful in that it provides a plan for roadway operations by suggesting a method for providing information to autonomously driven vehicles.

An Analysis of Threat Factors for Strengthen Maritime Safety around Delphi/AHP-Based Launch Site and Flight Paths (Delphi/AHP 기반 발사장 주변 및 비행경로의 해상안전 강화를 위한 위협요인 분석)

  • Ahn-Tae Shin;Byung-Mun Park;Hun-Soo Byun
    • Korean Chemical Engineering Research
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    • v.61 no.2
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    • pp.208-216
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    • 2023
  • In this study, using the Delphi method, 20 responses to 4 questions (need for launch safety control, top-priority considerations for ensuring public safety during launch, necessary improvements for securing maritime safety, and maritime safety threat factors) regarding launch vehicles and public safety were obtained from experts, and their importance was evaluated to analyze the factors that threaten the reinforcement of maritime safety around launch sites and flight paths when launching. According to the results of an analytic hierarchy process (AHP) analysis, the consistency ratio of the four questions was 4.8%, which is lower than CR ≤ 0.1(10%), and the consistency percentage of the lower measurement indicators was 3.9~5.7%. The derived importance and priority of maritime safety threat factors during launching were in the following order: Substantial human and physical damage in case of launch accidents(0.36), Prepare legal bases (e.g., penalty details) regarding maritime control(0.32), Secure the safety of personnel, equipment, and facilities in danger zone(0.31), Unauthorized entry of vessels in maritime control zones and non-compliance to restrictions(0.30). This article can serve as a reference for strengthening maritime safety in areas around launch sites and flight paths.

Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
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    • v.42 no.2
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    • pp.205-225
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    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

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The Development and Application of Lex Mercatoria in the international commercial transaction : Focus on CISG and PICC Principles (국제물품매매계약에 있어서 상관습법(Lex mercatoria)의 발전과 전개, 그리고 향후 과제 - CISG와 PICC 원칙을 중심으로 -)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • Korea Trade Review
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    • v.41 no.5
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    • pp.15-39
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    • 2016
  • Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

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The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.392-402
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    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

The Relationship of European Landscape Painting and the Scientific (Visual) Instruments in the Pre-modern Period: On the Using of Camera obscura and Camera lucida in the Artistic Works by Canaletto·Sandby·Talbot (근대 유럽 풍경화와 과학(영상)기구의 연관성 - 카날레토·샌드비·탈보트의 미술작업에서 카메라 옵스쿠라와 카메라 루시다의 사용에 대해)

  • LEE, Sangmyon
    • Korean Association for Visual Culture
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    • v.23
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    • pp.329-368
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    • 2013
  • This thesis investigates the relationship of the 18th century European landscape painting and the scientific (optical) instruments like Camera obscura and Camera lucida. Based on the fact that some landscape painters, 'veduta painters', at that times might have used or surely used these optical instruments in their sketches/drawings, it explores the reasons for using them and their working process with them, and analyses the advantages/disadvantages here as well as the aesthetic problems in the cases of the Italian painter Antonio Canaletto (or Canal, 1697-1768), the British topographic artist Thomas Sandby (1721-98) and the British chemist/optician Willian Henry Fox Talbot (1800-77). Advantages of using Camera obscura/lucida are rapidity in drawing, truthful representation of nature/reality and 'accurate' fulfilling of perspectival structures. But partly 'inaccurate' or simplified depictions as disadvantages can be traced in drawings/sketches made by using these instruments. Another problem lie in the subordination of the artistic work to the technical devices, but for artists still remain the creative working process in painting like coloring, tone and chiaroscuro etc. Therefore, it can be maintained that the optical instruments have played a role of the subsidiary tool as an aid to painting.

Optimal Supply Calculation of Electric Vehicle Slow Chargers Considering Charging Demand Based on Driving Distance (주행거리 기반 충전 수요를 고려한 전기자동차 완속 충전기 최적 공급량 산출)

  • Gimin Roh;Sujae Kim;Sangho Choo
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.23 no.2
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    • pp.142-156
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    • 2024
  • The transition to electric vehicles is a crucial step toward achieving carbon neutrality in the transportation sector. Adequate charging infrastructure at residential locations is essential. In South Korea, the predominant form of housing is multifamily dwellings, necessitating the provision of public charging stations for numerous residents. Although the government mandates the availability of charging facilities and designated parking areas for electric vehicles, it bases the supply of charging stations solely on the number of parking spaces. Slow chargers, mainly 3.5kW charging outlets and 7kW slow chargers, are commonly used. While the former is advantageous for installation and use, its slower charging speed necessitates the coexistence of both types of chargers. This study presents an optimization model that allocates chargers capable of meeting charging demands based on daily driving distances. Furthermore, using the metaheuristic algorithm Tabu Search, this model satisfies the optimization requirements and minimizes the costs associated with charger supply and usage. To conduct a case study, data from personal travel surveys were used to estimate the driving distances, and a hypothetical charging scenario and environment were set up to determine the optimal supply of 22 units of 3.5kW charging outlets for the charging demands of 100 BEVs.

A Study to Improve the Trustworthiness of Data Repositories by Obtaining CoreTrustSeal Certification (CoreTrustSeal 인증 획득을 통한 데이터 리포지토리의 신뢰성 향상을 위한 연구)

  • Hea Lim Rhee;Jung-Ho Um;Youngho Shin;Hyung-jun Yim;Na-eun Han
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.245-268
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    • 2024
  • As the recognition of data's value increases, the role of data repositories in managing, preserving, and utilizing data is becoming increasingly important. This study investigates ways to enhance the trustworthiness of data repositories through obtaining CoreTrustSeal (CTS) certification. Trust in data repositories is critical not only for data protection but also for building and maintaining trust between the repository and stakeholders, which in turn affects researchers' decisions on depositing and utilizing data. The study examines the CoreTrustSeal, an international certification for trustworthy data repositories, analyzing its impact on the trustworthiness and efficiency of repositories. Using the example of DataON, Korea's first CTS-certified repository operated by the Korea Institute of Science and Technology Information (KISTI), the study compares and analyzes four repositories that have obtained CTS certification. These include DataON, the Physical Oceanography Distributed Active Archive Center (PO.DAAC) from NASA, Yareta from the University of Geneva, and the DARIAH-DE repository from Germany. The research assesses how these repositories meet the mandatory requirements set by CTS and proposes strategies for improving the trustworthiness of data repositories. Key findings indicate that obtaining CTS certification involves rigorous evaluation of organizational infrastructure, digital object management, and technological aspects. The study highlights the importance of transparent data processes, robust data quality assurance, enhanced accessibility and usability, sustainability, security measures, and compliance with legal and ethical standards. By implementing these strategies, data repositories can enhance their reliability and efficiency, ultimately promoting wider data sharing and utilization in the scientific community.

Enhancing Empathic Reasoning of Large Language Models Based on Psychotherapy Models for AI-assisted Social Support (인공지능 기반 사회적 지지를 위한 대형언어모형의 공감적 추론 향상: 심리치료 모형을 중심으로)

  • Yoon Kyung Lee;Inju Lee;Minjung Shin;Seoyeon Bae;Sowon Hahn
    • Korean Journal of Cognitive Science
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    • v.35 no.1
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    • pp.23-48
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    • 2024
  • Building human-aligned artificial intelligence (AI) for social support remains challenging despite the advancement of Large Language Models. We present a novel method, the Chain of Empathy (CoE) prompting, that utilizes insights from psychotherapy to induce LLMs to reason about human emotional states. This method is inspired by various psychotherapy approaches-Cognitive-Behavioral Therapy (CBT), Dialectical Behavior Therapy (DBT), Person-Centered Therapy (PCT), and Reality Therapy (RT)-each leading to different patterns of interpreting clients' mental states. LLMs without CoE reasoning generated predominantly exploratory responses. However, when LLMs used CoE reasoning, we found a more comprehensive range of empathic responses aligned with each psychotherapy model's different reasoning patterns. For empathic expression classification, the CBT-based CoE resulted in the most balanced classification of empathic expression labels and the text generation of empathic responses. However, regarding emotion reasoning, other approaches like DBT and PCT showed higher performance in emotion reaction classification. We further conducted qualitative analysis and alignment scoring of each prompt-generated output. The findings underscore the importance of understanding the emotional context and how it affects human-AI communication. Our research contributes to understanding how psychotherapy models can be incorporated into LLMs, facilitating the development of context-aware, safe, and empathically responsive AI.