• Title/Summary/Keyword: 특례

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Analysis of Precedents Related to Child Abuse Cases in Child Care Centers and Its Implications (어린이집 아동학대 사건의 판례분석과 시사점 : 아동학대범죄의 처벌 등에 관한 특례법을 중심으로)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.209-218
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    • 2017
  • In Korea, child abuse in child care centers occurs continuously, and it is becoming a social problem. The government has intensified the supervision of management in child care centers, and through strong countermeasures and prevention against child abuse, it enacted the special act on child abuse in oder to enable children to become healthy members of society. In this study, this researcher gasped the legal application on child abusers, and analysed how the punishment for abusers changed according to the application of the special act on child abuse, through examining precedents of child abuse in child care centers. 21 cases related to child abuse cases were collected by searching homepage of the supreme court and each district court in this study. As a result of analyzing the precedents, the sentence of the defendant did not increase greatly, and it differed from the criminal identification of the people in cases of child abuse on which the special act on child abuse was applied. Therefore, it can be seen that there is a demand for more rigorous legal application for abusers in order to prevent child abuse in child care centers.

Improvement Plan of the Relevant Law to Protect Professional Support and Rights of Artists (예술인의 직업적 지원과 권리보호를 위한 관련법의 개선방안)

  • Noh, Jae-Chul;Kim, Kyung-Jin
    • The Journal of the Korea Contents Association
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    • v.18 no.8
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    • pp.483-493
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    • 2018
  • Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

A Study on the Characteristics of Projects Following the Promotion of Private Park Special Projects (민간공원특례사업의 추진에 따른 사업특성에 관한 연구)

  • Gweon, Young-Dal;Park, Hyun-Bin;Kim, Dong-Pil
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.112-124
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    • 2021
  • This study was conducted to examine and analyze local governments, park status, project characteristics, and the implementation in detail for private park special projects across the country as a means of responding to the sunsetting of urban parks. As a result of the analysis, first, the private park special project, was found to be mainly implemented in cities with a population of more than 100,000, so there was a limit to the application on military installations or in local small cities. Therefore, rather than applying the special system collectively, it was judged that institutional flexibility, considering the characteristics and size of local government, was needed. Second, the current special projects by the park creation donation collection method shows monotonous development centered on apartment houses, so it is necessary to diversify the development by introducing a park preservation method that purchases and donates park sites. Third, it was found that the area standard needs to be eased to less than 50,000m2 to include parks with high utilization and good accessibility in urban areas of large cities, as the type and area of parks are limited. Fourth, most special projects are mountain parks, which are feared to damage the natural terrain and skyline, so separate ordinances should be established and applied, and development approaches should be made to allow nature and parks to coexist with the setting of detailed building guidelines for each type of facility. The guidelines should include, first, after the nationwide private park special projects are completed, standards for appropriate returns for similar projects should be established, institutional standards such as the recovery of excess profits should be established, and environmental reviews should be conducted. Second, it was found that local governments should institutionalize the composition of private consultations to promote the efficient management of projects through a cooperative system, and third, a roadmap for maintenance after the donation of special parks should be established.

A Study on the Legal Standard and Verification Cases for the Judgement of the Tax Tribunal of FTA Conventional Tariffs (FTA 협정관세 심판청구결정의 법적 기준과 검증사례에 관한 연구)

  • Kwon, Soonkoog
    • International Commerce and Information Review
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    • v.19 no.2
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    • pp.145-166
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    • 2017
  • The FTA conventional tariffs shall be applied that the imported goods are subject to the conventional tariffs under any agreement, and the origin of the good is the contracting state in accordance with the criteria for determination origin under any agreement. An importer who intends to be eligible for the application of a conventional tariff shall file a request for the application of a conventional tariff with the head of the competent customs house before the relevant import declaration is accepted. The purpose of this study is to examine the legal standard and verification cases for the judgement of the tax tribunal of FTA conventional tariffs. Through this study, this paper is to provide several implications for companies seeking the benefits of FTA conventional tariffs. The Korean companies to do the following: confirm the effective requirements for direct transport of goods through non-parties under the Korea EU FTA, confirm the criterion for application of conventional tariffs such as certificate of origin and claims for ex post facto conventional tariffs under the Korea US FTA, confirm the issuer of origin declaration and the recognition of origin declaration of bill of lading under the Korea EU FTA, utilize the tax appeal system by denial of FTA conventional tariffs, and prepare the discrepancies in interpretation of legal standard under FTA and FTA Special Customs Act.

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Analysis of Precedents Related with Child Abuse to Protect Rights of Children (아동권리보호를 위한 아동학대 관련 판례분석)

  • Park, Yeonju
    • Korean Journal of Social Welfare
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    • v.66 no.2
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    • pp.31-49
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    • 2014
  • The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

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A Feasibility Study on Acquisition System of the Urban Parks under the Special Use Permit - Focused on the Neighbourhood Parks Unexecuted in Long-term in Suwon City - (도시공원에서의 개발행위 특례 적용을 위한 사업수지분석 연구 - 수원시 장기미집행 근린공원을 중심으로 -)

  • Kim, Sung-Yong;Lee, Chang-Soo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.4
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    • pp.54-63
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    • 2010
  • The recently-introduced Special Use Permit system is an exceptional approval system for private park developers to develop unexecuted urban park sites into urban parks with the implementation of profit-generating businesses within the boundary of preserving the original function of the park under an agreement with local authorities. This thesis studies the application of this system. This is a feasibility study of cases that have contributed to the acceptance of intended park sites by developing some parts of park sites as public housing, focused on unexecuted urban park areas for the long term in Suwon City based on the Special Use Permit, and creating other sites as park area. First, it has been judged that realization of business is possible at 300 percents of the floor area ratio in case of flatland neighborhood park which has high appraised land values. It is judged that realization of business is possible within a 10 percents size of private land at 200 percents of the floor area ratio in case of woodland and waterside neighborhood parks that have low appraised land values on the outskirts of the city. Second, through working expenses combining compensation and money for park construction, a balance of business profit can be understood within about 50 percents of total expenditures. Because the public contribution ratio by the Special Use Permit can be presumed as about 50 percents of total expenditures, it implies that windfall profits by the Special Use Permit can be adequately collected.

A Study on the Change of Perceptions of Child Abuse Before and After Special Law (아동학대 범죄의 처벌 등에 관한 특례법 전후의 아동학대 인식 변화에 대한 고찰)

  • Lee, Keung-Eun;Kim, Do-Hee
    • The Journal of the Korea Contents Association
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    • v.19 no.9
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    • pp.629-636
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    • 2019
  • In order to infer whether the Special Act on the Punishment of Child Abuse Crimes, etc. actually brought about a change in the social perception shared about child abuse in our society, we used big data to examine the change in the perception of child abuse by the public. This study selected 'child abuse' as the keyword and collected and analyzed. The results of this study are as follows. First, before the implementation of the Special Act in 2013, the words "china" are kindergarten, teacher, body, problem, reporting obligation and neglect compared to the following. After the implementation of the special law, daycare centers, incidents, eradication, campaigns, domestic violence and preventive education were newly introduced. Second, the interconnection of key words in the previous picture of 2013 shows that the left group focuses on measures to introduce to prevent child abuse while the right group consists of keyword intended to view child abuse in conjunction with domestic violence. They are still seen as a group of divorces, discipline, neglect and parental education, which they still perceive as a family problem. Since the implementation of the Special Act in 2013, it will be divided into four groups, and the top group will be highlighted by the keyword related to child abuse cases, part of suspected cases and awareness of child abuse. In addition, the Act on the Special Cases of Child Abuse and the Child Protection Agency clearly appear as a child protection system.