• Title/Summary/Keyword: Act/Regulation

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A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.5
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    • pp.11-20
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    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

Space Exploitation Act : Its Implication and Application (우주개발진흥법의 적용과 실제)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.277-292
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    • 2005
  • The major object of the Space Exploitation Act lies in defining and governing the object and definition which is distinct from the ones regulated by the Aerospace Industry Act. The concept of "space exploitation" defined in the Act is defined for that purpose. The space exploitation is defined as a comprehensive concept including the research and development of the space technology which is only enabled through the actual utilization and space exploration activities. Based upon such conceptualization, any problem related to the present legal system might be put up with, especially space exploitation being differentiated from the space industry. On the other hand, the Act is to make the international obligations derived from the international treaties be fulfilled through the minimal regulation with respect to the space activities such as space object registration procedure, the licensing regime of launching activities from the korean territory, etc.

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A Study on Multicultural Families Support Act (다문화가족지원 관련 법제 연구)

  • Lee, Doh-Hee
    • The Journal of the Korea Contents Association
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    • v.19 no.7
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    • pp.650-658
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    • 2019
  • This study sought to examine and revise the 'Multicultural Family Support Act' for domestic multicultural families. To this end, we looked at the Multicultural Family Support Act along with the current status and support policies of multicultural families. First, as in Article 1 of the Act, it proposed to reflect Article 3 of the Article 5(basic ideas) to realize the purpose of the law contributing to 'improvement of quality of life' and 'social integration'. Second, the current law stipulates that support and related policies should be implemented every five years, and by conducting planning and due diligence surveys every three years, it suggested the necessity of consensus on the disagreement between the support policy and the planning period. Third, the government proposed a revision to the mandatory regulation (that is, it should be done) under the provisions set by law. Finally, we proposed a plan to designate 'Multicultural Family Day' or to designate it with other family days. As the globalization of the members of each country, which has been rapidly continuing in the 21st century, it is expected that Korea will be able to welcome them and review the act and institutional devices that can be together more than ever.

A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

A Legal and Policy Analysis of KRW Internationalization from the Perspective of Offshore Circulation

  • Son, Sam-Ho
    • Journal of Distribution Science
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    • v.11 no.3
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    • pp.23-29
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    • 2013
  • Purpose - Recently, the Korean government is seeking to internationalize KRW and reduce its heavy reliance on the U.S. dollar and better cope with risks from external turbulence. However, there has been too little study on this subject in comparision with its importance. The main objective of the paper is to distinguish the descrete stages of the KRW internationalization and recognize the costs and benefits of each stage. Research design, data, methodology - In order to achieve its goal, this study accomplishes a formal policy analysis based on potential factors of currency internationalization and an examination of legal practices in relation to Foreign Exchange Transaction Regulation (the Regulation). Results - This study found that securing monetary policy may not be easy under liberalized capital account for a small open economy like Korea in view of the trillema. In addition, the inherent ambiguity of the Regulation may increase the costs of KRW internationalization. Conclusions-This study revealed the negative system for the control of foreign exchange of the Korean government. The excessive regulatory restrictions on foreign exchange may hinder the process of KRW internationalization. Some legal and policy reforms are needed to improve related regulation and infrastructure.

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Emerging role of Hippo pathway in the regulation of hematopoiesis

  • Inyoung Kim;Taeho Park;Ji-Yoon Noh;Wantae Kim
    • BMB Reports
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    • v.56 no.8
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    • pp.417-425
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    • 2023
  • In various organisms, the Hippo signaling pathway has been identified as a master regulator of organ size determination and tissue homeostasis. The Hippo signaling coordinates embryonic development, tissue regeneration and differentiation, through regulating cell proliferation and survival. The YAP and TAZ (YAP/TAZ) act as core transducers of the Hippo pathway, and they are tightly and exquisitely regulated in response to various intrinsic and extrinsic stimuli. Abnormal regulation or genetic variation of the Hippo pathway causes a wide range of human diseases, including cancer. Recent studies have revealed that Hippo signaling plays a pivotal role in the immune system and cancer immunity. Due to pathophysiological importance, the emerging role of Hippo signaling in blood cell differentiation, known as hematopoiesis, is receiving much attention. A number of elegant studies using a genetically engineered mouse (GEM) model have shed light on the mechanistic and physiological insights into the Hippo pathway in the regulation of hematopoiesis. Here, we briefly review the function of Hippo signaling in the regulation of hematopoiesis and immune cell differentiation.

Exploratory Study on Consumer Attitude toward the SSM Regulation Law (유통산업발전법 개정에 따른 소비자 반응 탐색연구)

  • Nam, Se-Hyun;Cho, Yoon-Ki;Yoo, Jeong-Seok;Kim, Dong-Tae
    • Journal of Distribution Science
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    • v.11 no.10
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    • pp.47-53
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    • 2013
  • Purpose - Six months have passed since the amendment of the SSM regulation law; however, as yet, there is no confirmed research or report on the effects of this amendment, which are indefinite. Further, there have been no attempts to study the effects of the SSM regulation law from the consumers' viewpoint, which is important because consumers are the main agents that are greatly influenced by the amendment law. Therefore, this study aims to investigate the consumers' attitude toward the SSM regulation law as well as the effects of the SSM regulation law on the changes in purchase behavior. Research design, data, and methodology - This study was initiated from four research problems that are linked to consumer reaction to the SSM regulation law. Research problem 1: What is the consumers' reaction (perception, attitude, and perceived fairness) to the SSM regulation law? Research problem 2: How do the consumers' reactions to the SSM regulation law differ by consumers' characteristics? Research problem 3: Could the SSM regulation law change a consumer's purchase behavior? Research problem 4: Is it necessary to amend the SSM regulation law? This study collected the data through the interview and survey of housewives for the purpose of solving the research problems. The interview was conducted as a pilot study for the field survey. We interviewed three housewives, who were: an employed housewife, a full-time homemaker, and a manager of a housewife club, respectively. We then conducted a field survey of 232 housewives who were housewife club members or elementary school parents in Chunghcheong-do. Results - We verified the reliability and validity of the data, and analyzed it to solve the research problems. The main findings of this study were as follows. First, consumers still have a positive attitude toward large discount chains and SSM, which has been the case since the law was introduced. Second, perceived risk of consumers associated with traditional markets and small neighborhood shops was low. Third, consumers think that amendments of the SSM regulation law are important, and they positively assess the satisfaction, necessity, and propriety of the law. Fourth, although the SSM regulation law caused inconvenience to consumers, this law did not have any influence on the usage frequency and the use-behavior of large discount chains. Finally, consumers reacted very negatively to the toughening up of the SSM regulation law. Conclusions - In short, consumers still have a positive attitude toward the SSM regulation law. However, this act did not have any influence on the use-behavior of large discount chains (General Super Market). Thus, policy making authorities require active communication and promotions to enhance the effect of the SSM regulation law. This study was of the nature of exploratory research, which did not focus on hypothesis testing, but on finding solutions to the research problems. Therefore, this study is no more than a simple data analysis. Future studies should attempt to investigate the actual effects of the SSM regulation law, on the basis of sufficient literature review and real sales data.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

The Proposal of Alternative Regulatory Considering Game Mechanism for Game at Game Providers : Focusing on The Reward Ratio for Betting (게임제공업소용 게임물에 대한 게임 메커니즘을 고려한 대안적 규제 제언 : 베팅에 대한 보상 비율을 중심으로)

  • Song, Seung-Keun
    • Cartoon and Animation Studies
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    • s.49
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    • pp.493-519
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    • 2017
  • Looking back at the last 10 years of the enactment of the Game Industry Act, the law was revised as a regulation rather than a promotion of the game. The objective of this study is to investigate where game regulation originated and derived through the history of those, and to find out what areas were missed, and to solve the tangled threads by regulation. For this purpose, we reviewed the implications of 10,000 won per hour, and discussed alternatives. Data were collected and analyzed on the basis of a review of regulatory literature and in - depth interviews with experts. When regulating games, we found that the side effects were further amplified by simply regulating the amount. Especially, we found that the vicious cycle in which functions such as indication, hit repeatedly, and automatic progress are made and immediately following prohibited is repeated. The point at which there is a sharp interest between the game user and the game operator in the game progression is the 'reward ratio for betting'. This is the key to protecting users. This could be a regulation considering the mechanism of the game. If the regulatory paradigm shifts in the future due to game regulations that take into account the 'reward ratio for betting' in the future, it is expected to minimize the side effects of price regulation and create a sound game ecosystem.