• Title/Summary/Keyword: 법적지위

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A Study on Modern Shape Art Expression with an Animal Third Perspective of Jacques Derrida (데리다(Jacques Derrida)의 동물 타자 시선에서 본 현대 형상 예술 표현 연구 -본인의 작품을 중심으로-)

  • Lee, Hee-Young
    • Cartoon and Animation Studies
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    • s.50
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    • pp.299-325
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    • 2018
  • Humans have made a third person over a long history and differentiated them from each other. Discrimination of 'us' and 'them' has led Derrida to make works to look upon the human nature towards animal strangers. This study tries to examine upon the expansion of animal strangers by focusing on 'The Animal That Therefore I am.' Furthermore, the research asserts to pay more attention to animal strangers by looking at his works of how modern people think about animals in the current society. Derrida expresses his 'humiliation' that he felt when he faced his cat after a shower. This emotion brings up the topic that was neglected in the conventional wisdom and casts doubts on this. This emotion of humuliation is only felt by humans, and he explains this is one way of feeling like a 'human.' The researcher therefore focuses on the 'experiences of humans' and looks at the ambivalence of humans in culture and the irony in natural animals. This perspective criticizes Speciesism, which considers people other than oneself able to be suffered. This view also tried to escape anthro-pocentrism and looked at the animals on their own. This study examines current animal strangers with theories of Donna Haraway and Jane Goodal, and analyzes Derrida's artworks with Susan Sontag's philosophy. This aims to lead to a conclusion of how to reach an optimal relationship between human and animal. By focusing on Derrida, who has not been highlighted yet in this country, hopes to create effective communication between human and animal by explaining his artworks through new philosophy of animals.

A Study on the Collection Strategies of Library Materials for the National Library for the Disabled (국립장애인도서관 장애인자료 수집전략 연구)

  • Sin-Young Kim;Ok nam Park
    • Journal of Korean Library and Information Science Society
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    • v.54 no.4
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    • pp.123-150
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    • 2023
  • The National Library for the Disabled was upgraded to a primary affiliated organization of the Ministry of Culture, Sports and Tourism on June 4, 2020, in accordance with Article 24 (1) of the Library Act (Law No. 16685). The National Library for the Disabled is currently preparing to build an independent library building. Now that the National Library for the Disabled has secured its independent legal status, it must become a specialized national library by comprehensively collecting not only alternative materials for the disabled, but also domestic and foreign materials useful to researchers related to the disabled. Accordingly, the purpose of this study is to conduct basic research for comprehensive and strategic collection of library materials for people with disabilities, which is an essential part of the statutory work of the National Library for the Disabled. To this end, the concept and category of library materials for the disabled that are expected to be useful for satisfying the intellectual needs of the disabled and for education and research related to the disabled were established targeting knowledge information resources produced and distributed domestically and internationally. Next, based on the current collection development policy of the National Library for the Disabled, an implementation strategy and mid to long term roadmap for comprehensively collecting library materials were presented.

A study on the Improvement Approaches of the Elderly Welfare Law according to change the Population Structure (인구구조 변화에 따른 노인복지법적 대응 방안)

  • Lee, Chuck-He;Noh, Jae-Chul
    • Industry Promotion Research
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    • v.5 no.4
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    • pp.73-79
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    • 2020
  • This study is based on the need to Lawively respond to changes in the population structure according to the low birth and elderly society, and to contribute to the establishment of policies on the welfare of the elderly, based on the need to review the "Elderly Welfare Law", and proposed ways to improve them by looking for problems with the Elderly Welfare Law. First, it is the enLawment of the Basic Law on The Welfare of the Elderly. As a proposal to improve the Elderly Welfare Law, it is a way to completely revamp the Elderly Welfare Law to grant a status as the basic law and the supreme law on the welfare of the elderly. Second, it is necessary to overhaul the law on elderly health and welfare measures and elderly welfare facilities. The plan is to revise the Elderly Welfare Law to clearly revise the legal charLawer of the elderly to the health and welfare measures of the elderly and the Law on elderly welfare facilities. Third, the legal system of the Elderly Welfare Law should be reorganized. The plan is to maintain the contents of the major welfare policies contained in the current "Elderly Welfare Law", but to revise it with a focus on the systemic issues mentioned above. In conclusion, the current "Elderly Welfare Law" was made in the context of the period at the time of its establishment and the basic courtesy of the elderly, and there are many points that are insufficient to cope with the low birth rate and the elderly society. Accordingly, this study proposes amendments and supplements to the Elderly Welfare Law, which can accept the request stipulated by the times due to changes in population structure.

A Study on the Safe Transportation of a Non-Standardized Cargo (Steel Box) for General Cargo Ships (일반화물선에서 비표준화물(철재상자)의 안전한 운송을 위한 고찰)

  • Kim, Ji-Hong
    • Journal of Navigation and Port Research
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    • v.43 no.6
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    • pp.444-449
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    • 2019
  • The "Standard on Cargo Stowage and Securing" implemented to safely stow and secure the cargo of international shipping vessels and domestic car ferries, has also been applied to general cargo ships transported between domestic ports since J anuary 2018. As a result, a new type of cargo, such as a non-standardized steel box transported by general cargo ships to major ports in Korea from Jeju Island in Korea, must be factored as the method of safe stowage and securing according to the legal classification of cargo. This study analyzed the legal status of a steel box by analyzing the actual size, shape of steel box through field verification, collection of data from relevant agencies and finally proposed the methods of safe stowage and securing for a steel box in the cargo holds of general cargo ships. According to the relevant domestic laws and international regulations, steel boxes could be classified as pallette boxes with protective outer packing, a type of non-standardized cargo. Additionally, when a steel box is loaded into the cargo hold of general cargo ships, a method of loading and transporting them must be factored so that there is no gap in the cargo hold of ships. Verification of the safety of the tightly loading and transportation measures in the reviewed cargo hold was verified through safety of the hull structure and securing of the ship's stability. As a result of verification of the safety of the hull structure, the value of the structural strength on both sides and the floor of the cargo hold for the total weight of cargo that can be loaded in the cargo hold was satisfied, and the value of the ship's stability was satisfied with the value of GoM and the restoration of the three cross-sectional stability curve areas.

A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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The Identified Self: Location-Based Technologies, Surveillance, and Non-place (식별되는 자: 위치기반기술, 원격성과 감시의 문제, 그리고 비-장소(non-place))

  • Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.16 no.2
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    • pp.1-31
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    • 2016
  • This essay examines the recent proliferation of location-based services (LBS) within the context the expansion of the technologies of remote identification, monitoring, and tracking. Following the spatial turn in the social sciences, this essay aims to analyze LBS as a surveillance technology that can re-shape the spatial configuration of its users and their identity. The analytic focus of this essay is on LBS within the global information infrastructure, and it utilizes key LBS examples in the US and South Korea. First, as a way to discuss the technical possibilities of LBS for spatial coordination and surveillance, this essay investigates its technical architecture in terms of information flow. It then discusses the issue of privacy in LBS by analyzing some of its key legal and regulatory issues. The combination of the global information infrastructure with location-related technologies has enabled LBS companies to expand the scope of surveillance over the ever-increasing computer-mediated activities, prompting heated discussions over whether LBS is capturing "Every Moment in Your Life." This essay concludes with a discussion on how location technologies have provided a key platform for the rise of surveillance capitalism through the creation of what Marc $Aug{\acute{e}}$ called a "non-place," a place where the identified self is constituted by LBS.

A Study on the Legal Status of North Korean Defectors (북한 탈북자의 법적지위에 관한 고찰 - 난민인정과 보호를 중심으로 -)

  • Son, Hyun-Jin
    • Journal of Legislation Research
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    • no.53
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    • pp.109-147
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    • 2017
  • North Korean defectors had left North Korea often to escape from food shortages in the mid-1990s. Since the 2000s, the reasons of their flee from North Korea have more resulted from their exposure to external information, and a desire for democracy and freedom. However, North Korean defectors living in China are not recognized as refugees and thus subject to various human rights violations including forced repatriation. It needs to be thought that wether North Korean defectors who escape from North Korea are political refugees under international law. If they are not recognized as refugees in their new countries, it is imperative to consider a possible way to protect their human rights under international law. The problem of recognition of the refugee status of a person is a matter of involving the sovereignty of individual countries, however, the Convention Relating to the Status of Refugees should provide protection of their unique rights, as recognizes by the UNHCR, and their status should be treated as a refugees issue in a broad sense. In the future, it is a necessary to establish international solidarity among individual countries, the UN General Assembly, the decisions of the Human Rights Council and support of UNHCR, to anticipate the need for the refugee recognition and the protection of International Human Rights in preparation for possible mass defections and refugees from North Korea.

A Study on the Maritime Law According to the Occurrence of Marine Accidents of MASS(Maritime Autonomous Surface Ship) (자율운항선박의 해양사고 발생에 따른 해상법적 고찰)

  • Lee, Young-Ju
    • Maritime Security
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    • v.6 no.1
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    • pp.37-56
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    • 2023
  • Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

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A Legal Study on Division of Labor and Collaboration within the Same Medical Institution (동일 의료기관 내에서의 분업과 협진에 대한 법적 고찰)

  • Baek, Kyoung-hee
    • The Korean Society of Law and Medicine
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    • v.24 no.3
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    • pp.27-55
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    • 2023
  • The term "Collaborative medical care" commonly used in South Korea refers to the case where doctors from different medical departments work together to treat a patient within the same medical institution. Therefore, "Collaborative medical care" represents the aspect of a medical team where various medical professionals collaborate based on their expertise to treat patients. Additionally, doctors from different specialties within the medical team engage in horizontal division of labor at an equal status, distributing legal responsibilities according to the principles of division of labor. The Supreme Court also acknowledges cases where multiple doctors collectively provide medical treatment through division of labor or collaboration and states that the doctor who initially attended to the patient must accurately inform the subsequent attending doctor about the patient's condition to enable appropriate measures. In medical institutions with multiple specialties, when doctors from different specialties collaborate to provide medical treatment, the doctor who attended to the patient initially must decide whether collaboration is necessary based on the patient's condition. Subsequently, they must inform the doctor from the relevant specialty about the patient's condition accurately to facilitate appropriate actions. The successor doctor who participates in collaborative medical care must actively communicate relevant treatment information related to the patient's condition with the predecessor doctor who requested collaboration, exchange opinions, and do so until the patient's treatment concludes. However, the determination of the necessity of collaborative medical care should be based on the patient's condition at the time, and it cannot be asserted that collaborative medical care is mandatory in all cases. Whether there is negligence in the decision about the necessity of collaboration will be assessed based on the legal principles of a doctor's duty of medical care.