• Title/Summary/Keyword: 법적쟁점

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A Study on Legal and Regulatory Improvement of Telemedicine Service (원격의료 서비스의 규제개선에 관한 연구)

  • Kwon, Jun Cheol;Choi, Yong Jeon;Jung, Yong Gyu
    • Journal of Service Research and Studies
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    • v.4 no.1
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    • pp.83-93
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    • 2014
  • Telemedicine is performed at a place far away from medical practice with physicians and patients by the means of communication appropriately. It will be identified in general the remote medical service to deliver the medical information and also defined as any action by interactive information communication technology. Medical services can be said to be fused as television, communication, computer, engineering of various technologies of information and communication applications. If doctors can not be reached due to distances away from the patient, Information technologies could be used to get medical information and to give expert advice provided by the system remotely. And it could be used patient care as well as medical administration, medical education, professional advice and consulting. In this paper, we take a look at the legal requirements of telemedicine for improving regulatory in the current law to investigate the matter.

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A Study on the Legal Issues of Inter-Korean Investment Disputes Settlement System (남북 투자분쟁해결의 법적쟁점에 관한 고찰)

  • Oh, Hyun-suk
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.3-34
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    • 2019
  • The resumption of economic cooperation between South and the North Korea will be a new growth engine for our economy. Many Korean companies are preparing to invest in North Korea in accordance with the progress of inter-Korean relations. However, there are many risks inherent in inter-Korean economic cooperation, as experienced in previous cases. Specifically, one should be prepared for unfair measures such as the expropriation of investment assets of South Korean enterprises by North Korea authorities. Therefore, it is essential to review the protection measures of investment in North Korea and to review the investment dispute settlement system. The South and the North have an agreement to establish the inter-Korean Commercial Arbitration Committee to resolve the disputes that may arise if one party's investments are lost due to inappropriate or unfair measures due to the other party's authority. However, the Investment Agreement, which governs the Inter-Korean Commercial Arbitration Committee, contains a number of declarative statements that are somewhat ineffective. Even today, nearly 20 years after the adoption of the Agreement, the specific detailed procedures have shown no real progress, such as in the enactment of arbitration rules. Therefore, at present, it is difficult to expect a system that can effectively address the damage of our corporations which have invested in North Korea. When the assets freeze after the suspension of Kumgang tourism and the closure of the Kaeseung Industrial Complex by North Korea, the activation of the inter-Korean Commercial Arbitration Committee is the most important prerequisite for economic cooperation with North Korea. For this purpose, the resolution of disputes through the Inter-Korean Commercial Arbitration Committee has to be made more concrete, with the effectiveness of the dispute settlement system enhanced by means of various efforts.

A Comparative Study on the Revised Bills of the Regulatory Freedom Special Districts Act (focused on the Revised Bills by Proposed Kim Kyung-soo, Jung Sung-ho, Choo Kyung-ho, Hong Il-pyo) (규제자유특구법 개정안의 비교 고찰 (김경수, 정성호, 추경호, 홍일표, 개정안을 중심으로))

  • Kang, Min-Su;Choi, Ho-Sung;Cho, Han-Jin
    • Journal of the Korea Convergence Society
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    • v.10 no.3
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    • pp.203-209
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    • 2019
  • Special Act on Regulatory Freedom Zone and Regional Special Development Zonet" introduced a new type of 'Freedom Special Zone of Regulation' that is legally distinguished from the existing Special Districts for Regional and Regional Development to support the innovative and strategic growth of the areas, and even passed a number of legal grounds for providing innovative regulations for regional development projects or regional strategic industries within the Special Districts. Starting with the bill legislation proposed by The Parliament Members, Kim Kyung-soo on behalf of 33 suggestors, Choo Kyung-ho, Jung Sung-ho and Hong Il-pyo submitted the bill legislation on behalf of 10 to 12 proposers, respectively. As a major matter of issue, the purpose, designation, scope of application, promotion system, application of A Bill of Three kind on Regulatory Innovation, and Balanced National Development, many kind of regulation as like types of menu, special cases, punitive regulations, and so on have been argued until the end of the bill proposed from the beginning. In this study, the differences between the bill suggested by the Parliament members and bill approved already are to be compared and analyzed to confirm how the items on issue were reflected for the bill finally and to draw up measures for the correct operation of the special regulations.

Trends and Issues of the Korean National Curriculum Documents' Subject-Matter Content System Table: Focusing on the Science Subject Case (우리나라 국가 교육과정 문서상 교과 내용 체계표의 변천과 쟁점 -과학과 사례를 중심으로-)

  • Gyeong-Geon, Lee
    • Journal of The Korean Association For Science Education
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    • v.44 no.1
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    • pp.87-103
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    • 2024
  • The content system table of the subject-matter curriculum is considered important in the Korean national curriculum, textbook writing, and teaching and learning in the classroom. However, studies that comprehensively organize the issues concerning the format of the subject-matter curriculum content system have been scarce. This study scrutinized the evolution of the content system from its inception in The 6th Curriculum to the most recent 2022 Revised National Curriculum, focusing on science curricular. The following issues and suggestions were derived for the format of the subject content system. First, caution should be exercised in using terms such as "domain," "field," and "category," and it should be clarified whether these terms are intended simply for logical differentiation or to serve as a content organizer with a specific emphasis. Second, the nature of components such as "core ideas," which can serve as innovative content organizers, should be strictly defined. Third, while the introduction of three-dimensional content elements such as "knowledge and understanding," "process and skill," and "value and attitude" is viewed positively, it is suggested that a further delineation be made, elaborating how each can be utilized to form core competencies. Fourth, the construction of the subject-specific content system in national curriculum needs caution because whether it will resolve or exacerbate the 'disparity between general curriculum and subject-matter curriculums' is uncertain. Finally, as an apparent pendulum motion of the subject-matter content system is observed in national curriculum documents, efforts should be made to ensure that it does not result in meaningless repetition, but instead achieves meaningful dialectical progress.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

Study of Legal Issues on Complex Regional Pain Syndrome (CRPS) - Focusing on issues in damage compensation lawsuit - (복합부위통증증후군(CRPS)에 관한 법적 문제 고찰 - 손해배상소송의 쟁점을 중심으로 -)

  • Bae, Hyun-Mo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.91-116
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    • 2010
  • As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

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Legal Issues Relating to Construction of the Dokdo Ocean Research Station (독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.32 no.4
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    • pp.427-437
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    • 2010
  • The Korean Government is trying to construct an ocean research station in Dokdo's water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.

Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Legal Issues and Implications in relation to the Charter in the WCPFC CMM (중서부태평양수산위원회(WCPFC) 보존관리조치에서 용선에 관한 법적 쟁점 및 시사점)

  • Kim, Young Su
    • Ocean policy research
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    • v.33 no.2
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    • pp.205-228
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    • 2018
  • Since many RFMOs have been established, various measures to protect small island developing States have been enacted. WCPFC CMM 2017-01 also enacted various measures for that purpose. However, it is notable that CMM 2017-01 has enacted a measure in a manner to reduce benefits of the small island developing States in relation to the vessel charter scheme, although it has made another exception. This study aims to draw implications in establishing Korea's fisheries policy and making an appropriate strategy of the fisheries industries in Korea, through analyses of the charter issue in the WCPFC CMM 2017-01. This paper examines an issue of the vessel charter scheme in the WCPFC CMM 2017-01 comparing with the flag of convenience issue. It concludes that it is recommended to further restrict the application of the vessel charter scheme in the WCPFC CMM 2017-01 and to repeal it ultimately. Finally, this paper draws implications for the Korean government to participate in the WCPFC in a manner to reflect its positions and to harmonize interests of the fishing States and the small island developing States, considering various joint venture business with such States. It further draws implications for the fisheries industries in Korea to actively participate in the WCPFC to maximize their interests.

A Study on Energy Data Exchange Guide in Energy Data Platform (에너지 데이터 플랫폼에서의 거래 가이드에 관한 연구)

  • Kim, Woo-Je;Jeong, Beomjin;Kim, Hayoon;Jeon, JongHyeon;Park, Subin
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2021.07a
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    • pp.731-734
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    • 2021
  • 본 논문에서는 에너지 데이터 플랫폼에서의 데이터 거래 가이드라인을 연구 및 제안한다. 타 산업에서의 데이터 플랫폼들의 현황과 에너지 데이터 플랫폼 구조를 분석하여 에너지 데이터 거래에서의 이해관계자를 정의한다. 또한, 타 산업에서의 데이터 거래가이드를 분석하여 에너지 거래 가이드 구성요소와 거래 계약 거래 원칙을 정의한다. 에너지 데이터 거래 가이드의 구성 요소로는 데이터 거래 이해관계자 정의, 데이터 거래 유형, 데이터 거래 유형별 거래 계약 원칙, 데이터 구매 및 판매비용 산정 방안, 데이터 플랫폼 이용료 산정 방안, 데이터 거래시 법적 쟁점으로 구성된다. 본 연구에서는 데이터 거래 이해관계자 정의, 데이터 거래 유형, 데이터 거래 유형별 거래 계약 원칙에 대해 정의하였다.

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