• Title/Summary/Keyword: Amendment of the law

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The Amendment of Japanese School library law and The School Librarianship in Japan (일본의 학교도서관법 개정과 사서교사제도)

  • Kwon, Eun-Kyung
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.2
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    • pp.95-118
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    • 2004
  • By amending the Japanese School Library Law in 1997, teacher librarians were legally designated for school libraries in Japan. The most important problem of implementing the amended law is how to assigning tasks between teacher librarians and school librarians. It is because that the teacher librarian has not been full time librarian, and school librarian has actually contributed for activation of school library as a professional while there were no teacher librarian. This paper investigates issues and problems related to the amendment of the law, conflicts caused by juxstaposition of teacher librarian and the possibilities of new school librarianship in Japan.

A Study on the Legal Control of Aircraft Terrorism by International Criminal Court(A Suggestion for the Amendment of ICC Statute) (국제형사재판소(國際刑事載判所)통한 항공기(航空機)테러범죄 규제에 관한 연구- ICC규정(規程)개정 위한 입법론적 고찰을 중심으로 -)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.15
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    • pp.40-66
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    • 2002
  • The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

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The Impact of Japan's Pursuit of Constitutional Amendment on Marine Security and Countermeasures (일본의 개헌(改憲) 추진이 우리 해양안보에 미치는 영향과 대응방안)

  • Heo, Song
    • Strategy21
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    • s.44
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    • pp.54-78
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    • 2018
  • The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.

A Study on Application Test of Cut-slope Revegetation Measures with Organic Soil Amendment Materials (유기질계 토양개량재를 이용한 절토비탈면 녹화공법 적용시험 연구)

  • Jeon, Gi-Seong;Woo, Kyung-Jin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.8 no.3
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    • pp.13-20
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    • 2005
  • This study was conducted to suggest the ecological restoration methods of the decomposed granite cut-slope by organic soil amendment materials. Field test carried out for the cut-slope with organic soil amendment materials method and other three revegetation methods in Cheongwon. Test revegetation plants were Festuca arundinacea, Lolium perenne, Dactylis glomerata, Lespedeza cyrtobotrya, and Arundinella hirta. The result of this study can be summarized as follows; 1. The soil hardness, the soil acidity, and the soil humidity of organic soil amendment materials method were at a suitable value for plants growth. And it was better as compared with other three revegetation methods of cutting-rock slopes. 2. The result of toxic substance investigation, all items were at a suitable for standard law. 3. During one year after seeding, most plants germinated and especially Festuca arundinacea and Dactylis glomerata grows well. Seedling numbers were 336.7 per $m^2$(after 6 months), 183.3 per $m^2$(after 10 months), and 353.3 per $m^2$(after 6 months). Ten months later after seeding, plants showed 80% ground coverage. Visual rate, plant height, and growth rate were excellence, Also, high plant growth in spring better than autumn.

A study on the proposed amendment bill of Bioethics and Safety Law (2010): focusing on the meaning of significant contents related to the clinical research ("생명윤리 및 안전에 관한 법률" 전부개정안의 내용과 의의: 임상연구와의 관계를 중심으로)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.99-131
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    • 2011
  • To strengthen the protection of human research subjects and human materials, the Korean Ministry of Health and welfare proposed the amendment bill of Bioethics and Safety Law(2010) to the Congress. It includes so many meaningful clauses. According to the bill, the scope that this act shall apply will be expended to the research involving human subjects and human materials. In the bill, there are the principles of this act; the protection of the life, health, and dignity of the human subjects, the obtaining of the adequate informed consent, the protection of the human subject's information confidentiality and the human subject's privacy, the assessment and minimizing of the risks involved and the guarantee of the safety for the human subjects, the preparation of the special protection program for the vulnerable human subjects, and so on. According to the bill, Institutional Bioethics Review Board(the same as Institutional Review Board) will be responsible for the auditing and monitoring on the research that was approved by IBRB, conducting the education program for the researchers, IBRB members and administrative staffs, preparing of the special protection program for the vulnerable human subjects, and forming the guidelines for the researchers as well as the review of the research protocols. And the State and local governments shall take necessary measures to support the expending of the social infrastructure. In addition to, IBRB will have to be assessed and to be gained the accreditation by the Korean Ministry of Health and welfare. So, if Bioethics and Safety Law is amended, it will contribute enormously to enhance the level of the human research subjects protection. Also, if this Law is amended, IBRB will play a major role for the conduct of the ethically, scientifically, and legally proper research. But now, as a matter of fact, the capability of IBRB members and IBRB office members is not enough to charge of this role because some people and some organizations does not know the importance of IBRB exactly. In spite of, IBRB shall be able to this role to protect the human subjects and to develop the level of the research On the international level. Therefore, the State, local governments and the Organization shall back up the administrative and financial terms of the IRB and IRB Office.

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A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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Efforts to Promote International Dispute Resolution under the regime of Singapore Mediation Convention in Japan: From the Perspective of Amendments to JCAA Arbitration Rules and Arbitration Act of Japan (싱가포르협약 이후 일본의 국제분쟁해결절차 활성화 동향: JCAA 중재규칙과 일본 중재법 개정안을 중심으로)

  • Cho, Soo-Hye
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.55-83
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    • 2022
  • The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

Correlation Between the Relaxation of South Korea's Capital Market Separation Law and Changes in CVC Investment Types (한국의 금산분리법 완화와 CVC 투자유형 변화 간의 상관관계 논증)

  • Lee, Ki-ho;Lee, Sang-myung
    • Journal of Venture Innovation
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    • v.6 no.3
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    • pp.61-72
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    • 2023
  • In December 2020, the Fair Trade Act related to South Korea's separation of industrial capital was amended, and it was announced that the amendments would come into effect one year later, on December 30, 2021. The amendment's content involved breaking the previous principle of separating industrial capital from financial market penetration, allowing for the ownership of shares in general holding companies, small business startup investment companies, and technology business finance specialist companies. While the previous law was based on total issued shares' ownership, there were fluctuations in the subsequent trends of annual establishment and investment counts, as well as strategic investment counts of CVC (Corporate Venture Capital) before and after the law's amendment. CVC and IVC (Independent Venture Capital) are characterized differently based on their investment purposes, fund management types, and investment types. In this regard, the relaxation of the separation of industrial capital law is expected to have a positive impact on the future of the venture investment ecosystem and innovation ecosystem. In this study, we analyze the trends in the establishment count, investment count, and strategic investment count of domestic CVC from 2018, before the law amendment, to May 2023. Using 2021, the year the amended separation of industrial capital law was implemented, as a reference point, we examine changes in the trend. The analysis results indicate a significant increase in domestic CVC in 2021 compared to the previous year, along with an increase in investment counts, strategic investment counts, and the amount of investment in strategic investments. Based on these findings, this study suggests directions for further research related to future domestic CVC investment, strategic investment, and the activation of the venture investment market.

The Effect of the Amendment of the Valuation Method for Unlisted Stocks in the Inheritance Tax Law (상속세법상 비상장주식평가규정의 개정이 조세공평성에 미친 효과)

  • Lee, Eui-Kyung
    • Korean Business Review
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    • v.17 no.2
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    • pp.25-39
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    • 2004
  • This paper examines the effect of the amendment of the valuation method for unlisted stocks in the inheritance tax law. There were many criticisms on the valuation method of the inheritance tax law because the method is not effective in the respect of the fairness in taxation. The method in the inheritance tax law was amended four times since the year 1991. This research focused on whether these amendments increased the impartiality in taxation or not. The finding of the empirical test indicates that as the valuation method were amended, the stock prices calculated by the valuation method were closer to the real stock price. On this ground, I could conclude that the amendments were effective in decreasing the partiality in taxation. In spite of the result, considering the cycle of stock market, I found that the problem of unlisted stock valuation in the inheritance tax law. The law lacks flexibility and elasticity.

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