• Title/Summary/Keyword: 법제

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Improvement of legal systems of automobile in the era of the 4th industrial revolution (4차 산업혁명 시대의 자동차 관련 법제의 합리적 개선방안)

  • Park, Jong-Su
    • Journal of Legislation Research
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    • no.53
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    • pp.269-310
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    • 2017
  • This article aims at the study on Improvement of legal System which is related to automated vehicles in the era of the 4th industrial revolution. Legal aspects of driving automation have two view points. One is to permit a automated vehicle, the other is to regulate the behavior of driver on the road. Signifying elements of the 4th industrial revolution are IoT, AI, big data, cloud computing etc. Automated vehicles are the imbodiment of those new ICT technologies. The vehicle management act(VMA) rules about vehicle registration and approval of vehicle types. VMA defines a automated vehicle as a vehicle which can be self driven without handling of driver or passenger. Vehicle makers can take temporary driving permission for testing and research the driving automation. Current definition of automated vehicle of VMA is not enough for including all levels of SAE driving automation. In the VMA must be made also a new vehicle safty standard for automated vehicle. In the national assembly is curruntly pending three draft bills about legislation of artificial intelligence. Driving automation and AI technologies must be parallel developed. It is highly expected that more proceeding research of driving automation can be realized as soon as possible.

Study on the Legal Protection of Sports Organizer's Profit and Introduction of Intellectual Property Right (경기주최자의 재산적 이익의 법적 보호방안과 지식재산권 도입론)

  • Lee, Sung-Un
    • Journal of Legislation Research
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    • no.54
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    • pp.345-382
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    • 2018
  • Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

Comparison of the Legislation Applicable to Compare the use of Diagnostic Radiation Devices (진단용 방사선발생장치 이용에 적용되는 법제의 비교)

  • Ko, Jong-Kyung;Jeon, Yeo-Ryeong;Han, Eun-Ok;Cho, Pyong-Kon;Kim, Yong-Min
    • Journal of radiological science and technology
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    • v.38 no.3
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    • pp.277-286
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    • 2015
  • Diagnostic radiation devices that is used in the country has reached to 78,000 units. When used for human subjects diagnostic purposes, it is subject to Medical Service Act, when used in diagnostic purposes in animal subjects, the subject to Veterinarians Act. When used for other purposes are subject to the Nuclear Safety Act. Even the same radiation devices varies the legislation that is applied depending on the intended use and object. Diversified been p rovisions a re necessary compared to t he analysis o f l egal content in o rder t o prevent confusion of the legislation is a matter to be applied. It is a qualitative study that Nuclear Safety Act, Medical Service Act and Veterinarians Act administrative procedures for the introduction of the applied diagnostic radiation devices, safety inspection, human resources management, area management and the content related to administrative punishment. The Nuclear Safety Act sub-provisions, the introduction of diagnostic radiation generating devices, there are many complex and complete requirements administrative procedures on the concept of a permit. Inspection of safety associated with the use, would be subject to periodic inspection auditing characteristics over the entire field of radiation safety management. It must receive court regular education for the safety administrator and workers. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Quantitative difference of administrative punishment that is imposed when legislation violation has reached up to 10 times, over the entire field, the largest burden of radiation safety management at the time of application of the Nuclear Safety Act sub provisions. And it is applied differently depending on the purpose and the imaging target using the same diagnostic radiation devices. Depending on the use mainly under the current legal system, radiation can be lacking in fairness of the contents of the legislation for safety management, there is a risk of confusion. Alternatives such as centralized and standardization of legislation by diagnostic radiation devices use is expected to be necessary.

A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰방안)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.9-27
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.17-34
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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법제코너

  • Jo, So-Yeon
    • Digital Contents
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    • no.2 s.81
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    • pp.93-93
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    • 2000
  • 인터넷 및 PC통신을 통해 하루에도 수많은 데이터베이스가 생성되면서 지적재산권 분쟁이 빈번하게 발생한다. 따라서 이 코너에서는 정보제공업자들이 가장 많이 문의하는 것과 창업에 필요한 법률 상식을 Q&A 형식으로 제공한다.

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