• Title/Summary/Keyword: 법제비교연구

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Analysis of Principle of Law of the Disaster of Rural Region in Korea Legislation (대한민국 법제에 있어서 농촌지역재난의 법리성 분석)

  • Park, Sungje;Lee, YoungKune;Ryu, Sisaeng
    • Journal of the Society of Disaster Information
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    • v.11 no.3
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    • pp.413-420
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    • 2015
  • This study analyzes the current status of Korea's legal system was a disaster in the rural region and to identify problems. There are many problems in rural region despite the specificity and uniqueness of the area significantly as compared to the city did not receive such consideration as to distinguish the area as part of the institutional election strategy. Through this study, we analyze the problem more effectively and to respond proactively to the disaster in the rural region. And it sought a solution to the problem and its legal system.

A Comparative Analysis of EU GDPR with Privacy Laws in South Korea (EU GDPR과 국내 개인정보보호 법제 비교분석)

  • Kim, Sung Hyun;Lee, Chang Moo
    • Convergence Security Journal
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    • v.18 no.5_1
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    • pp.83-92
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    • 2018
  • The GDPR implemented since 25 May 2018 is common to all EU Member States and is legally binding. It is also important and legally valuable in that it takes into account the latest trends related to privacy protection. The purpose of this study is to propose a comprehensive review and improvement direction of the personal information protection laws in South Korea through a comparative analysis of EU GDPR and privacy related laws in South Korea. As a result of this study, the differences between the GDPR and privacy related laws in South Korea are Definition of personal sensitive information, Right to data portability, Data protection officer, Transfers of personal data to third countries, Supervisory authority, and Punishment, etc. The differences in these regulations were necessary to protect the rights and interests of data subjects and to properly handle personal information of personal information controllers. Therefore, based on the results of the comparative analysis of this study and suggestions on improvement direction of the law related to personal information protection, it is expected that it will contribute to the overall inspection and improvement of the law related to personal information protection in South Korea.

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Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • Journal of Legislation Research
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    • no.54
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    • pp.261-301
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    • 2018
  • In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

A Comparative Study on the Fundamental Act of Education in Korea and Japan (한국과 일본의 교육기본법 비교분석)

  • Jeong, Kioh
    • Korean Journal of Comparative Education
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    • v.28 no.3
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    • pp.161-183
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    • 2018
  • The purpose of this thesis is to study the Korea's Education Foundation Act and Japan's Education Foundation Act in a comparative way. The frame of comparison consists of three dimension: syntax analysis, way of legal conceptualization, and the educational climate and institutionalization. Major findings are as following: 1. Legal subjectives are clear in Korea but not clear in Japan 2. Civil relationship rules Korean education while public legal order rules Japanese education. 3. Partnership rules Korean education while administrative initiative rules Japanese education. 4. Curricular mandate is given to teachers in Korean education while to administrative hierarchy in Japanese education. 5. Public nature of schools means public credential in Korean education while public monopoly in Japanese education. 6. Professionalism is adopted for Korean teachers while missionary perspective adopted for Japanese teachers. 7. Korean education is expected to be secular while Japanese education is expected to reconcile with the traditional religious belief in Japan 8. Develop education still strongly orients the Korean education while education for sustainable development the Japanese education In summary, civil law frame is adopted in Korean education while in Japan public law frame is adopted in legalizing their Education Foundation Act. National climate influenced the education legislation in the two countries. Japan has strong missionary climate while Korea has secular perspective to education. Thess differences colored the way of literary expression in the legal text of the Education Foundation Act in the two countries.

의료분쟁조정 신청절차에서의 입법적 개선방안에 대한 소고(小考) - 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률 제27조를 중심으로 -

  • Baek, Gyeong-Hui
    • Journal of Legislation Research
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    • no.44
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    • pp.435-464
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    • 2013
  • 의료민사소송은 그동안 의료행위가 지니고 있는 전문성, 밀실성, 폐쇄성 등의 여러 가지의 특수성으로 인하여 소송이 장기화되고 경제적 비용이 상당하게 소모되었다. 또한 법원의 판결이 이루어지더라도 당사자들이 이를 신뢰하지 못하는 등의 이유로 신속성과 공정성에 문제점이 지적되었다. 이 때문에 소송 대체적 분쟁해결제도로서 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률상의 의료분쟁조정 및 중재 절차가 탄생하게 되었다. 그러나 의료분쟁조정법 제27조 제8항에서 피신청인이 14일 동안 의사를 표명하지 않는 경우 거부의사로 간주되고, 이 경우 한국의료분쟁조정중재원장이 각하결정을 하여야 한다고 규율함으로써, 조정의 개시 조차 순탄치 않은 것이 현실이다. 본고에서는 우리나라 의료분쟁의 최근 현황을 확인해 본 후, 의료분쟁조정법상 조정의 신청에 관한 조문인 제27조에 대한 입법안을 비교 점검한 후 다른 ADR 관련 법률이나 민사소송법상의 조문과 비교하여 불합리한 점이 있는지를 검토하고, 동조의 개선방안을 제시하고자 한다. 또한 2013. 4. 8.부터 시행이 되고 있는 불가항력적 산과 사고에 대한 무과실보상제도와 관련하여 동조가 미치는 영향 등에 대해서도 논의하고자 한다.

A Comparative Law Study on the Professional Work of Nurses: Focusing on Legal Basis and Standardization (간호사의 전문적 업무에 대한 국가 간 비교법적 연구: 법적 근거와 업무 범위 표준화를 중심으로)

  • Jayoung You;Jiyong Park
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.117-148
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    • 2024
  • This study attempted to examine the ambiguity of work from the legal, social perspective, and actual performance differences in domestic nursing work compared to foreign countries. We compared the historical background of nurses' expanded work through overseas situations, compare and analyze the legal basis for nurses' qualifications and work in each country, and what changes they have undergone to clarify their work. Through this, we would like to consider the current status of the absence of a legal basis for professional work of domestic nurses and seek a direction for the development of domestic medical care. This study applied the case study method as one of the comparative institutional research methods. Among OECD countries, developed countries such as the United States, Australia, and Japan were selected and compared among developed countries that are solving medical gaps using nurses. In the United States, Australia, Japan, and Korea, nurses' professional work has been created by changes in the medical environment due to an aging society, chronic diseases, and lack of doctors. We looked at the start of their professional work, the establishment of legal grounds, the timing of qualification recognition, the development of the credential system and scope of work. Foreign countries have legal grounds for their roles and tasks, but domestic countries are before legislation. The country still has not narrowed the gap between the position of the legislative and judicial branches and actual work, and the current status of the domestic healthcare system has been measured through overseas development cases.

Inhibitory Effects of Ginger and Beopje Ginger on DSS-induced Colitis in Mice (생강과 법제생강의 DSS(Dextran Sulfate Sodium)로 유도된 마우스의 대장염 억제 효과)

  • Kim, Sin-Jeong;Kim, So-Hee;Lim, Yaung-Iee;Kim, Yong-Gyu;Park, Kun-Young
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.43 no.4
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    • pp.477-484
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    • 2014
  • The purpose of this study was to examine the anti-inflammatory effects of ginger and processed (Beopje) ginger on colitis induced by 2.5% dextran sulfate sodium (DSS) in Balb/c mice. Beopje means a process that herbal medicines are treated by a specific Korean traditional method in order to obtain better pharmacological effects. Mice were fed saline or two different doses of ethanol extracts (ginger and processed (Beopje) ginger) once a day for 14 days. Colitis was induced from day 7 to 14 via administration of 2.5% DSS in drinking water. Experimental animals were divided into four groups: Nor (Normal, 200 ${\mu}L$ of saline without 2.5% DSS-treated group), Con (Control, 200 ${\mu}L$ of saline and 2.5% DSS treated group), G (500 mg/kg of ginger and 2.5% DSS treated group), and BG (500 mg/kg of Beopje ginger and 2.5% DSS treated group). Body weights of both ginger-administered groups increased compared to the control. Colon length increased to 7.6, and 8.0 cm in the G and BG groups, respectively, whereas that of control was 5.7 cm. Histological colon injury induced by DSS-induced colitis was reduced (P<0.05). In serum and DSS-treated colon tissues, mRNA expression levels of IFN-${\gamma}$, IL-6, TNF-${\alpha}$, and IL-12 of the Beopje ginger-treated group were significantly suppressed compared to those of the ginger-treated groups. Expression levels of iNOS and COX-2 of the Beopje ginger-treated group were significantly reduced compared to those of the ginger-treated groups (P<0.05), and BG showed stronger anti-inflammatory effects on colitis. These results indicated that ginger exerted anti-inflammatory effects on DSS-induced colitis in mice, and its effects could be increased through Beopje.

Comparative Study on Major Nations's Related Legislation for Counter-terrorism (테러대응 관련 법제의 국가별 비교 연구)

  • Kwon, Jeong-Hoon
    • The Journal of the Korea Contents Association
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    • v.10 no.1
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    • pp.343-352
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    • 2010
  • As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

A Study on the Enhancement of Cyber Security Legislation and the Institutionalization of the 'Cyber Iron Dome' Establishment (사이버안보법제의 강화와 '사이버 아이언돔(가칭)' 구축을 위한 제도화 방안 연구)

  • Shin, YuLee
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2023.11a
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    • pp.309-310
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    • 2023
  • 본 논문에서는 전 세계적으로 사이버공간에서 발생하는 위협 등에 대한 대응으로 다각적인 방식에서의 사이버공간 내 행위에 대한 제재와 통제에 대한 법제변화에 대한 연구를 토대로 최근 사회주의체제 국가들에서의 적극적인 사이버공간 내 규제를 위한 입법동향을 비교·분석하고 있다. 더불어 현재 사이버안보법, 사이버기본법 등 사이버공간상 보안과 안보에 연계된 관련 입법안들이 사회적으로 논의가 지속되고 있는 상황에서 개인정보 등 헌법상 가치를 보호함과 동시에 국가차원의 사전적 방어를 위한 방안으로 '사이버 아이언돔(가칭)' 구축과 이를 위한 제도화를 제안하고 있다.

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