• International Commerce and Information Review
• /
• v.13 no.1
• /
• pp.197-216
• /
• 2011

Computer technology has enhanced a new transaction between device or software not just between humans. It offers users agent-like functionality and becomes increasingly common. It's roles diverse from gathering informations to automated trading. However, the use of new technology challenges to traditional legal systems and makes issues in adjusting the legal systems. Contract with electronic agents makes some issues such as whether the contract is enforceable or what principle's responsibility about the operation of electronic agents is. This paper analysis these issues and provides some solutions. First of all, we should make a legal act or revise previous laws. It is better that new civil law establishes for electronic communications and approach the law of agency for attribution of the responsibility issue. Secondly, in practice, website such as shopping mall should provide the terms of conditions to bind a contract.

• Journal of Legislation Research
• /
• no.53
• /
• pp.61-107
• /
• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

• Journal of Agricultural Extension & Community Development
• /
• v.6 no.1
• /
• pp.1-13
• /
• 1999

The objectives of this study were 1) to review legal status of local agricultural extension services during the last fifty years, 2) to propose enacting the new law for local agricultural extension services in Korea. Since Rural Development Act was established, the legal status of extension services was weakened in spite of the most important factor affecting agricultural extension services. It would be necessary to enact the new law prescribed organizational structures and objectives and missions, financial supporting, professional pesonnel management, etc., for development of local extension services after localization.

• Proceedings of the Korean Society for Information Management Conference
• /
• 2012.08a
• /
• pp.161-165
• /
• 2012

이 연구에서는 대통령기록물을 효율적으로 관리 활용하기 위한 분류체계가 없는 실정에서 대통령이 가지는 초법적 지위 및 위상과 대통령기록물의 특성을 반영한 분류체계(안)을 설계하였다. 설계기본원칙은 국가기록원 분류표의 주제별 분류원칙과 행정안전부 공공정보 분류체계의 기능별 분류원칙을 미국 백악관기록관리실 주제적 관점을 수용하였다. 이에 따라 이 연구에서는 25개의 대분류항과 109개의 중분류항을 대통령기록물 분류체계(안)를 제안하였다.

• Proceedings of the Korean Society of Marine Engineers Conference
• /
• 2006.06a
• /
• pp.121-122
• /
• 2006

The legal regime of the high seas has traditionally been characterised by the dominance of the principles of free use and the exclusivity of flag State jurisdiction. It means that the high seas are open to all States, and no State may validly purport to subject any part of them to its sovereignty. but it has not always been so. accordingly, here we discuss the general regime of the high seas in this papaer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.605-630
• /
• 2000

A letter of credit plays very important roles in rational and smooth international trade. But the parties to letter of credit transactions can bring about many troubles and losses in such transactions because of ignorance and limits of their rights and responsibilities. The purpose of this study is to analyze a legal position of confirming bank and limits of responsibilities of the confirming bank on the UCP and authoritative decisions by ICC. I attempts to analyze a legal position of confirming bank and limits of responsibilities between the confirming bank and the contract parties at the documentary credit transactions on the basis of theoretical, lawful, and international transactions.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.52 no.1
• /
• pp.71-86
• /
• 2024

Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.

• The Journal of the Korea Contents Association
• /
• v.21 no.2
• /
• pp.78-84
• /
• 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.

• Current Industrial and Technological Trends in Aerospace
• /
• v.7 no.2
• /
• pp.3-11
• /
• 2009

On August 25th, Korea launched KSLV-1(Naro), the first Korean launch vehicle with the payload of a small satellite. The launch itself was successful in that the first and second stage of the launch vehicle functioned properly but unfortunately the satellite was unable to be put into earth orbit due to the failure of a nose faring detachment. As the history of human space activities shows, it is recognized as a difficult task to be a launching state requiring efforts to obtain enough technical ability. But along with the technical ability, there has to be an understanding on international legal systems on space launch vehicle. It is because the launch may cause cross-border losses and because the launcher is regarded as a strategic technology resulting in international control. This paper aims to study the international status of launching state and to consider legal regimes necessary for launcher development.

• Korean Journal of Labor Studies
• /
• v.24 no.3
• /
• pp.73-107
• /
• 2018

The purpose of this study is to shed light on the characteristics of the social relations of migrant workers in the Ansan area and the factors for the construction of those characteristics. The social relations of migrant workers in the Ansan area are affected by the Korean government's policy of EPS, a short-term rotation policy and its ban on the settlement of migrant workers. These workers are likely to form a temporary and bounded social relationship. The bounded social relationship of migrant workers to society is one of the major factors that put them in social poverty. Ethnic communities, support organizations for migrant workers, and local government agencies have assumed the task of helping build the network among migrant workers of various ethnic backgrounds as well as aiding their participation in local social activities. The status of a temporary resident is the prime reason for spatial exclusion and social poverty among migrant workers. To prevent the exacerbation of these phenomena, this study suggests that the government reconsider its short-term work permit policy for less skilled workers.