• Title/Summary/Keyword: 법제비교연구

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A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.1-14
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    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

A Comparative Study on the Marine Law Enforcement System of Korea, China and Japan - With emphasis on the amendment of Chinese Marine Law Enforcement System - (한.중.일(韓.中.日) 해상집법체제(海上執法體制)에 관한 비교연구(比較硏究) - 중국해상집법체제(中國海上執法體制)의 개선방안(改善方案)을 중심(中心)으로 -)

  • Park, Moon-Jin;Jin, Qiu
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.159-166
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    • 2006
  • 1994년 "유엔해양법협약"의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산엽관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

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A Comparative Study on the Marine Law Enforcement System of Korea, China and Japan - With emphasis on the amendment of Chinese Marine Law Enforcement System - (한(韓).중(中).일(日) 해상집법체제(海上執法體制)에 관한 비교연구(比較硏究) - 중국해상집법체제(中國海上執法體制)의 개선방안(改善方案)을 중심(中心)으로 -)

  • Park Moon-Jin;Park Yong-Nan;Jin Chu
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.2 s.25
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    • pp.125-132
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    • 2006
  • 1994년 "유엔해양법협약" 의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산업관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

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A Comparative Review of the Satellite Remote Sensing (위성원격탐사에 관한 비교법적 고찰)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.203-319
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    • 2020
  • The regulation of satellite remote sensing is generally included with the scope of statutes governing outer space activities. But not all states opted for dedicated satellite remote sensing regulation. The decision whether to do so depends in part on the specific capabilities of national satellite remote sensing programs. Five states that have dedicated statutes governing operations with remote sensing data are the United States, with its developed Landsat regime (the Land Remote Sensing Policy Act of 1992, LRSPA), Canada, with its Remote Sensing Systems Act, Germany, with its Satellite Data Securities Protection Act (SatDSiG), France, with its Law on Space Operations (LOS), Japan, with its Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data. The major purpose of this article is to shed light on some legal issues surrounding remote sensing activities by comparative review. The paper analyzes international conventions or soft law and national law and policies relating to satellite remote sensing. It also offers some implications and suggestions for regulations of satellite remote sensing operations and satellite data.

A Study on Comparison of Intellectual Structure in Records Management and Archives Using Author Cocitation Analysis (저자 동시인용분석에 의한 국내외 기록관리학 분야의 지적구조 비교에 관한 연구)

  • Kim Hee-Jung
    • Journal of the Korean Society for Library and Information Science
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    • v.39 no.3
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    • pp.207-224
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    • 2005
  • This study investigated the intellectual structure of records management and archives field in Korea and America using author cocitation analysis. Major journals in the field from 2000 to 2004 are used to select frequent cited authors. Cocited authors are analyzed in details by means of multi-variate statistical techniques such as multidimensional scaling. To the analysis of this intellectual structure, main research topics in Korea were laws and policies related to records management and archives whereas information technology based electronic records management in America.

A Comparative Study on the Legislative System of IPRs Management of government R&D outputs in Korea and U.S.A (한.미 국가연구개발사업의 지식재산권 관리제도 비교)

  • Kim, Hae-Do
    • Journal of Korea Technology Innovation Society
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    • v.12 no.3
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    • pp.638-661
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    • 2009
  • With the advance to the knowledge-based economy, science and technology (S&T) has been recognized as key factor in a nation's competitiveness. To cope with this kind of new trend Korean government has tried to increase the R&D investment and to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure for the year 2007 amounted to about 31.3 trillion won including government R&D of 8.9trillion won. With these efforts the capacity of Korea S&T has made great strides recently. Korea was ranked world's top 7 in R&D investment, top 12 in S&T paper publication and top 4 in patent application. Korean government enacted several pieces of legislation concerning S&T : the "Technology Transfer Promotion Act (1999)"; the "Framework Act on Science and Technology (2000)"; and the "Presidential Regulation for Managing the Government R&D Programs (2001)." In addition, the government has put a lot of effort into promoting the commercialization of technologies developed in public sector and improving the infrastructure of technology transfer and commercialization. However in spite of these various efforts, the technologies obtained from the public sector have not been transferred to the industry properly. Only 24.2% of technologies developed in the public for the year 2005 were transferred to industry. The royalty revenues of the public for the year 2005 was 1.5% of their total R&D expenditure. It shows only a third of the percentage of royalty revenues for the public sector in the U.S.A. and a second of Europe. There are many obstacles of public technology transfer such as immaturity of technology market, lack of licensing experience, and inadequacy of legal system and government policy. In this study I compared the Korean legislative system of patent management of government R&D outputs with the American system, derived problems from Korean system, and suggested proper alternatives.

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A Comparative Study on Legal Systems regarding Marine Pollution from Warships between Korean and French: Focused on Prevention (한국과 프랑스 해군의 군함기인 해양 오염 관련 법제 비교: 예방을 중심으로)

  • Kim, Nam Gu
    • Maritime Security
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    • v.5 no.1
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    • pp.55-83
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    • 2022
  • For humankind, the ocean is a treasure trove of natural resources and an important area that provides major transportation routes. However, marine ecosystems are under threat amidst the global climate change crisis. This is partly due to various sources of pollution emitted from ships, shore facilities, and other sources. In response, the navies of advanced countries such as the United States, the United Kingdom, and Europe have assessed such a climate change crisis as a new maritime security threat. These countries have made early efforts to prevent marine pollution from warships. These efforts have been legally embodied. This was legislation for technical and organizational structures to be practically applied in the field. Among these navies of developed countries, France has established parliamentary and intergovernmental plans to become a leader in environmental protection at the defense level, not only in the European region but throughout the world. Within this framework, the French Navy, through its internal instruction, has inclined its legal efforts to prevent marine pollution from warships. Therefore, this study examines the legislation for the prevention of marine pollution from warships within the French Navy and compares it with the marine environmental legislation applicable to the ROK Navy. It then deduces the implications for the ROK navy, which is advancing toward a Blue-Water navy.

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Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A Comparative Study of Korea and Qingdao's Long-term Care Insurance Policy and its Enlightenment (청도와 한국의 장기요양보험 제도 비교연구와 시사점 검토)

  • Kim, Keunhong;MENG, Xiangqi
    • 한국노년학
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    • v.38 no.3
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    • pp.453-466
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    • 2018
  • The purpose of this study is to explore the enlightenment of the Korean long-term care insurance policy on Qingdao's long-term care insurance policy through policy comparison. China and Korea are very similar in terms of cultural background, living habits, and population structure. Therefore, the successful experience of Korean long-term care insurance has great implications for Qingdao even China to build a long-term care insurance system. Through the literature review, this article compares the long-term care insurance policy implemented by Qingdao City and Korea in Gilbert & Terrell's social welfare policy analysis framework. With the comparison this article discusses about the existing problems of the current pilot policy system in Qingdao, such as lack of legislation support and financial independence, assessment standards are not detailed, and human resources are insufficient. The author raises five suggestions to improve Qingdao's long-term care policy as the conclusion of this paper: legislation support, detailed assessment standard, expand categories of benefits, enrich delivery network, optimize financing sources.

A Study on the Comparison of Building Egress Safety Rule in Countries (건축물의 피난안전에 관한 국가간 기준 비교 연구)

  • 박재성;윤명오;이용재
    • Fire Science and Engineering
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    • v.16 no.2
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    • pp.27-32
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    • 2002
  • As a result of increase of high-rise building and complex building in cities, fire damage become larger and complicated. However, law and standards in connection with life safety in the fire is deficient in safety performance and the institution of fire is divided into two parts : the building law and the fire law. The aim of this research is to compare with egress safety rule in advanced countries and to analyze the national standard of egress safety by investigating research data in order to make fire safety rule more effective. On the basis of this analysis, this research also suggested that reform measures should make egress safety in the fire.