• Title/Summary/Keyword: 법제정비

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A legal study on a Street Performance (거리 공연에 관한 공법적 고찰)

  • Lee, Jang-Hee
    • Journal of Legislation Research
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    • no.55
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    • pp.7-56
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    • 2018
  • This paper deals with the legal meaning and issues of street performances. The key elements in the legal sense of street performances (or artistic performances) are 'public places' and 'artistic activities'. Therefore, as far as belongs to "artistic activities in public places", we can call them in principle as street performances regardless of its level of art, whether they are paid or not, size of performances or genre of artistic activities. Street performances are a way for anyone to freely participate and enjoy art by being performed on open places. In addition, street performances can be seen as more popular and democratic artistic acts than mainstream art culture in that anyone can become street performers. Although street performances are in vogue and becoming a universal cultural phenomenon, they do not appear to be legally organized yet. However, we don't have to strictly regulate street performances on the grounds that they are something different and special. Instead, they should let their street performances be freely performed and enjoyed in accordance with the constitutional law that guarantees the freedom of art or the freedom of artistic expression. Of course, it is necessary to modify the relevant laws on key issues raised regarding street performances. Finally, for street performances to be well established as cultural phenomenon, it should be harmonized that efforts to observe the law and orders by street performers, mature rituals and cultural tolerances of citizens who enjoy street performances, and efforts to realize the purpose of cultural countries and to promote street performances by governments.

Characteristics of Chinese Cultural Industry Shown in an IP Martial Arts Stage Play 'Seongeomgihyeopjeon' (IP무술무대극 선검기협전(仙剑奇侠传)에 나타난 중국문화산업의 특징)

  • Jiao, Shan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.4
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    • pp.31-45
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    • 2020
  • The objective of this study was to understand the characteristics of Chinese cultural industry shown in the analysis of a successful IP martial arts stage play 'Seongeomg ihyeopjeon' that applied martial arts as Chinese traditional culture. The cultural industry of Chin a has modified the relevant legislation since China's reform and opening up in 1979, and the term 'intellectual property rights(IP)' was used in the Chinese laws for the first time in 2008. Thus, transcending the instrumental scope for maintaining the regime in the past, the culture was regarded as an economic profit industry and a representative industry for strengthening the soft power of traditional culture. The results of analysis on the stage play are as follows. First, the Chinese cultural industry has been developed by support policies for strengthening the soft power of Chinese-characteristic traditional culture and overseas expansion through the state-led modification of relevant legislation. Second, the Chinese cultural industry is including its unique traditional cultural factors, and the succe ssful marke ting results could be obtained only when the high awareness and many fans are secured. Third, for the inflow of audiences through the work advertising, it would be preferentially needed to analyze various opinions of fans through active SNS communications with them instead of the existing advertising such as TV, radio, and newspaper, and also to reflect the national cultural industry policies and producers' opinions.

A Barrier-free Design Assessment of Sidewalks for Improving Pedestrian Infrastructure (Barrier Free 인증 모의평가를 통한 보행자도로 개선 방안에 관한 연구 - 인덕원역, 석수역 주변 왕복 6차선 도로를 중심으로)

  • Kang, Jun Mo;Lee, Gun Rock
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.1D
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    • pp.101-110
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    • 2009
  • Urban Designers and Planners are interested in creating barrier-free (BF) environments as the demand for social equity increases. BF design consists of design strategies for modifying buildings or facilities to be used by the physically disadvantaged or disabled. To construct buildings or facilities to be "Barrier-free", design standards specifically modified for the physically disadvantaged or disabled should be applied. The purpose of this study is to analyze the BF design standard used in the national laws and provide suggestions for their future improvements. In the study national laws in four countries were reviewed and important BF standards to be used in the laws were identified using a frequency analysis. The results of the frequency analysis were applied to the BF assessment criteria for sidewalk design. Then a field assessment for two sidewalks located in Seoul metropolitan region was conducted using the refined BF criteria. The findings from the field assessments indicated that current regulations were not appropriately designed to provide sufficient convenience for the disabled. It is needed to enhance the BF standards in the domestic regulations to offer sufficient mobility to the physically disadvantaged or disabled.

A Study on Public Announcement System for Property Right of Marine Architectural Building (해양건축물의 재산권 공시제도 정비방안 연구)

  • Lee, Han-Seok;Song, Hwa-Cheol;Jung, Dae
    • Journal of Navigation and Port Research
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    • v.32 no.3
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    • pp.257-264
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    • 2008
  • This study is intended to know what is the legal problems to settlement and public announcement of property right for construction of marine architectural building in Korea. Firstly, the situation and the prospect around marine architectural building are examined Secondly, the legal concepts of marine architectural building and the application of related laws are analyzed. Thirdly, the problems related to public announcement of property right of marine architectural building are suggested. Fourthly, some improvement schemes to solve the legal problems in relation with property right of buildings on the water at sea and ocean are proposed. As the conclusion, the marine architectural building can be divided into fixed-type and floating-type in order to find the proper way to handle the public announcement of property right for that sort of building. The fixed-typecan be registered as real estate according to the Building Law through the amendment of the existing related laws. But for the registration of floating-type building a new law should be made. In the near future, improvements on the legal system related with the settlement of property right of marine architectural building should be made, so that private sectors can join construction and operation of the building. Especially a new law for the floating-type marine architectural building should be made as soon as possible.

Study on improvement of legislation for elderly welfare

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.3
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    • pp.219-227
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    • 2020
  • It is expected that Korea will be entering with super aged society with its rapid changing to aging society compare to other developed countries. Such phenomenon is recognized from a long time ago and government has enacted Elderly Long Term Convalescence Insurance Regulation back in 1999. However, different from its actual purpose, there are many problems and improvements to be made, leading to legislative revision for several times. Still, it is left with many issues. This is one example showing there has been a continuous problem with elderly long term convalescence insurance system. Even this system in Germany which have started 4 years before us is to continuously revising regulation by raising issues to make strong structure for elderly welfare and long term convalescence, aiming to enhance life of elderly people by providing detailed standard for convalescence. Elderly related legal systematization may not enhance their welfare service or daily life right away. However, if details in regulation and its theory is systematically arranged, this will greatly reduce administrative confusion as well as increasing understanding and use of this system for the nation.

Review of the Supreme Court Judgement on Real Estate Nominal Trust without Intermediate Registration (부동산의 제3자간 명의신탁에 관한 대법원의 판례평석)

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2016.07a
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    • pp.141-143
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    • 2016
  • 2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

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Artificial Intelligence and Blockchain Convergence Trend and Policy Improvement Plan (인공지능과 블록체인 융합 동향 및 정책 개선방안)

  • Yang, Hee-Tae
    • Informatization Policy
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    • v.27 no.2
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    • pp.3-19
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    • 2020
  • Artificial intelligence(AI) and blockchain are developing as the core technology leading the Fourth Industrial Revolution. However, AI is still showing limitations in securing and verifying data and explaining the evidence for the results, and blockchain also has some drawbacks such as excessive energy consumption and lack of flexibility in data management. This study analyzed technological limitations of AI and blockchain and convergence trends to overcome them, and finally suggested ways to improve Korea's related policies. Specifically, in terms of R&D reinforcement, we proposed 1) mid- and long-term AI /blockchain convergence research at the national level and 2) blockchain-based AI data platform development. In terms of creating an innovative ecosystem, we also suggested 3) development of AI/blockchain convergence applications by industry, and 4) Start-up support for developing AI/blockchain convergence business models. Lastly, in terms of improving the legal system, we insisted that 5) widening the application of regulatory sandboxes and 6) improving regulations related to privacy protection is necessary.

A Study on the National Trust Approach for the Environmental-friendly Conservation and Management of Greenbelts in Korea (개발제한구역의 친환경적 보전 및 관리를 위한 내셔널트러스트의 도입방안 연구)

  • Kim, Sun-Hee;Cha, Mi-Sook
    • Journal of Environmental Policy
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    • v.5 no.4
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    • pp.85-105
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    • 2006
  • This article aims to conserve greenbelts by adopting the national trust approach. This article reviews the current issues and problems in managing greenbelts in Korea. And this article redefines the function of greenbelts, and then suggests the new principles of management strategies of greenbelts. Greenbelts is to provide green open space for urban residents and to contain urban sprawl not to reserve lands for the future urban development. This article proposes basic principles for the effective management of green belts. They include (1) preserving environmental value, (2) maximizing public access to open space and environment resources, and (3) enhancing public-participation and collaboration among different groups and organizations for the management of greenbelts. These principles are closely related to those of national trust movement. This article suggests the government to adopt national trust approach (organization, funding, site selection criteria, legislation) to improve the environmental-friendly conservation and management of greenbelts in Korea.

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A Comparative Study on the Forest Therapy Policies of Japan and Korea (일본과 한국의 산림치유사업과 육성정책의 비교·연구)

  • Bae, Young Mok;Lee, Yeonho;Kim, Sang-Mi;Piao, Ying Hua
    • Journal of Korean Society of Forest Science
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    • v.103 no.2
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    • pp.299-306
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    • 2014
  • Japan and Korea have developed forest therapy policies, but their policies differ in several respects. First, Forest therapy projects are managed by local governments and residents in Japan, while they are operated by Korea Forest Service. Second, Japan adopts the certification system of forest therapy areas, emphasizes medical and scientific evidences, maintains the quality of forest therapy by inducing competitive participation of local governments and residents, and cultivates forest therapists through Forest Therapy Society. In contrast, Korea has adopted the licence system, improved institutional framework, and cultivated therapists, but it is at early stage. Third, Japanese forest therapy policy aims at regional development of the mountain villages, overlapping with other local policies. However, in Korea, the primary policy goal is to expand forest services and thereby having its own policy framework and being promoted strongly.

A Comparative Study of Regional Medical Information Protection Act and Privacy Act (국가별 개인정보보호법 및 의료정보보호법의 비교연구)

  • Bang, Yun-Hui;Rhee, Hyun-Sill;Lee, Il-Hyun
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.164-174
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    • 2014
  • The purpose of this study is to explore ways to resolve the conflicting issues that are currently applied in medical Act and medical privacy Act through the comparative Analysis of the Privacy Act and the Medical Information Protection Act foreign. the results run to establish the Public Health Act coming for the protection of health information is a characteristic of many countries, France in Europe, the United States and Canada had been running an independent medical information laws are enacted. Prescribes penalties of up to a fairly systematic method from the case records of patients would not have occurred in the management and implementation of the law and the protection of the author of the book focuses on the subject of medical records and physician records between patient confidentiality and privacy it can be seen that the method defined in. This indicates the need for the establishment of an independent medical information laws to protect all records relating to the patient systematically Korea also.