• Journal of Korea Fair Competition Federation
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• no.106
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• pp.2-13
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• 2004

어떠한 법이 규제적 수단을 주로 담고 있건 아니면 조성적 수단을 주로 담고 있건 간에 그러한 수단에 의하여 달성하고자 하는 법의 궁극적인 목적은 아마도 그 법이 지향하는 일정한 환경을 형성하고 보호$\cdot$보전하는데 있을 것이라고 생각한다. 공정거래법도 마찬가지로 진시로 추구하는 것은 위반자 또는 위반행위에 대한 제재나 처벌이 아니라 공정한 경쟁이 가능한 환경을 조성하고 보호하는 것이다. 이와 같이 위법상황의 배제를 통한 적법상태의 회복이 무엇보다도 중요한 영역에 있어서는 위법상태를 배제하여 본래의 적법한 상태를 회복$\cdot$유지하는 것이 무엇보다도 중요하다.

• 주택과사람들
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• no.7 s.24
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• pp.1-4
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• 1992

한국주택협회는 경제$\cdot$사회의 여건변화에 부응하여 토지의 이용규제로 인한 국민의 불편을 최소화하고, 토기개발 수용에 따라 토지공급이 신속$\cdot$원활하게 이루어질 수 있도록 경지지역과 산림보전지역 등에서의 각종 행위제한을 완화하고, 개발촉진지역 세분용도지구의 종류를 대폭 축소함과 아울러 지방자치단체에 대한 권한 위임폭을 확대하기 위하여 국토이용관리법시행령을 개정 추진중에 있음. 동 시행령(안)은 3월 20일 경제장관회의 심의 후 국무회의심의를 거쳐 4월중 개정$\cdot$공포될 계획임.

• 월간 기계설비
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• s.308
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• pp.38-39
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• 2016

정부는 그동안 건설업계에 부담으로 작용해 오던 규제인 '주기적 신고제도'를 폐지하고, 건설업 분야의 공정한 거래 질서 확립을 위해 공공 발주기관의 경우 하도급대금 및 건설기계 대여대금 지급보증서의 발급 여부 확인을 의무화 했으며, 추정 및 발주자 등의 불이익 행위 금지 제도를 도입했다. 한편 지난해 8월 11일 개정된 법률의 후속조치로 추가 변경공사 시 원도급자 서면요구 방법 결정 및 하자담보책임기간 설정 방법 결정 등의 시행령을 개정했으며, 시공능력평가 시 신인도평가액 산정방법 조정에 대한 시행규칙을 개정했다.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• 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.

• Journal of Service Research and Studies
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• v.4 no.1
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• pp.83-93
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• 2014

Telemedicine is performed at a place far away from medical practice with physicians and patients by the means of communication appropriately. It will be identified in general the remote medical service to deliver the medical information and also defined as any action by interactive information communication technology. Medical services can be said to be fused as television, communication, computer, engineering of various technologies of information and communication applications. If doctors can not be reached due to distances away from the patient, Information technologies could be used to get medical information and to give expert advice provided by the system remotely. And it could be used patient care as well as medical administration, medical education, professional advice and consulting. In this paper, we take a look at the legal requirements of telemedicine for improving regulatory in the current law to investigate the matter.

• Journal of Service Research and Studies
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• v.4 no.2
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• pp.57-67
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• 2014

Because telemedicine is also the medical care, it is limited by law to allow medical personnel only physician because there would cause a risk to health and hygiene. Since the work dealing with the life and honor the human body involving a small mistake, it may be difficult to recover the damages can be recovered even if the telemedicine. Therefore, systematically it is to allow remote medical care only proven national healthcare only clinical practice starting with basic medical medicine, and received training as a systematic study of the body and life of humans. The patient information could get far away in the distance to provide medical information and professional advice to the remote system, even if you can not be reached due to several issues such as the number of differences that occur in time. We Mentioned various opinions on regulatory issues and information gathered for the development of the medical industry in this respect.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.3-17
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• 2015

For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

• Korea Trade Review
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• v.48 no.3
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• pp.177-197
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• 2023

The rent seeking behavior of monopolistic online platform enterprises against digital contents suppliers is similar to the importing countries transfers the monopoly profit acquired by exporting companies in the imperfectly competitive market through optimal tariffs. If such an optimal tariffs imposing mechanism of importing countries, according to so-called strategic trade policy theories, is applied to the rent-seeking behavior of online platform companies, important insights can be obtained in discussions on regulatory reform. In other words, if an online platform enterprises impose a differentiated fee on each contents-suppliers in a monopolistically competitive markets that pursues contents differentiation through R&D investment, it would reduce the innovation investment by contents suppliers. Nevertheless, profit-maximizing online platform enterprises would not voluntarily give up the discriminatory fee system. Therefore, we would like to propose the introduction of a regulation that can force the introduction of an non-discriminatory fee system for all the contents suppliers.

• Korean Security Journal
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• no.56
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• pp.165-185
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• 2018

Because financial industry is closely related to the daily lives of people, internal fraud such as embezzlement by the employees can cause serious damage to the national economy, including credit crunch and contagious bankruptcy, as once demonstrated in the Savings Bank Scandal in 2011. Therefore, the importance of financial industry security is being emphasized and developed into converged security that combines physical, human and cyber security. In this study, to prevent fraud caused by internal employees in Korean financial sector, in-depth semi-structured interviews were conducted with a total of 16 participants including bankers, officials of financial regulators, and security experts, who were in charge of risk management in the industry. The collected data were analyzed at three stratification levels such as individual, organization, and socio-cultural factor. Based on this analysis, policy recommendations were suggested for the development of financial industry security and reducing internal fraud in banking institutions.