• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• 무역학회지
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• 제41권3호
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• pp.157-176
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• 2016

중국은 2014년 5월 1일부터 제3차 개정 중화인민공화국 상표법(《中华人民共和国商标法》)을 시행하고 있는바, 제3차 개정은 선사용 항변조항(제59조 제3항)을 신설하여 선사용인의 항변권을 법적으로 보호하기 시작하였다. 이에 대한 실무적 기준을 검토하기 위하여 본고는 중국최고인민법원이 공표한 금년도 10대 지식재산권판결 중 선사용 항변권이 인정된 판결을 중심으로 선사용 항변권이 인정되는 기준과 요건을 고찰한다.

• Safety and Health at Work
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• 제1권1호
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• pp.19-28
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• 2010

Industrial Safety and Health Law (ISH Law) of Japan requires abnormalities identified in evaluations of worker health and working environments are reported to occupational physicians, and employers are advised of measures to ensure appropriate accommodations in working environments and work procedures. Since the 1980s, notions of a risk assessment and occupational safety and health management system were expected to further prevent industrial accidents. In 2005, ISH Law stipulated workplace risk assessment using the wording "employers shall endeavor." Following the amendment, multiple documents and guidelines for risk assessment for different work procedures were developed. They require ISH Laws to be implemented fully and workplaces to plan and execute measures to reduce risks, ranking them from those addressing potential hazards to those requiring workers to wear protective articles. A governmental survey in 2005 found the performance of risk assessment was 20.4% and common reasons for not implementing risk assessments were lack of adequate personnel or knowledge. ISH Law specifies criminal penalties for both individuals and organizations. Moreover, under the Labor Contract Law promulgated in 2007, employers are obliged to make reasonable efforts to ensure employee health for foreseeable and avoidable risks. Therefore, enterprises neglecting even the non-binding provisions of guidelines are likely to suffer significant business impact if judged to be responsible for industrial accidents or occupational disease. To promote risk assessment, we must strengthen technical, financial, and physical support from public-service organizations, encourage the dissemination of good practices to reduce risks, and consider additional employer incentives, including relaxed mandatory regulations.

• 기술혁신학회지
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• 제17권1호
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• pp.95-123
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• 2014

최근 과학기술의 사회적 역할이 증대되는 한편 창조경제의 실현 등 혁신주도형 과학기술정책으로의 패러다임 전환에 효율적으로 대응하기 위해서는 과학기술 관련 법제들의 체계적인 정비가 필요하다. 특히, 과학기술기본법은 국가과학기술정책 추진에 관한 기본규범이자 총괄규범으로서 이와 같은 시대 및 환경의 변화에 맞도록 그 체계와 내용을 발전적으로 재정비할 필요가 있다. 현행 과학기술기본법은 2001년 1월 제정된 이후 수차례에 걸쳐 개정되어 현재에 이르고 있다. 그러나 그동안의 개정은 정부조직개편 및 과학기술정책 심의조정기구의 운영체계변화 등에 따른 것이 중심이 되었으며, 변화된 환경 및 시대적 요구에 따른 정책사항들을 종합적으로 반영하는 데는 미흡하였다. 이에 본 연구에서는 현행 과학기술기본법이 시대와 환경의 변화에 적합한 정책총괄규범으로서 역할과 기능을 수행하도록 하기 위하여 필요한 개정 방안을 검토 제시하였다. 연구 결과 현행 과학기술기본법은 법체계적인 측면에서 기본법으로서의 위상에 걸맞도록 장 절 체계를 확대 재정비하고, 규율내용적인 측면에서는 규범내용의 포괄성, 규범집행의 실효성, 총괄규범으로서 개별법령과의 연계성 및 기본법으로서의 정합성이 확보되도록 관련 규정을 신설하거나 보강하는 것이 필요한 것으로 분석되었다.

• 융합보안논문지
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• 제15권3_2호
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• pp.11-19
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• 2015

이 논문은 그동안 민간조사제도 도입에 관하여 논의되어 왔던 쟁점들에 대한 연구동향을 분석하여 그 시사점을 돌출함으로써, 바람직한 도입 방향을 제시하는데 연구목적을 두고자 한다. 분석한 쟁점들은 민간조사제도 도입에 관한 기존의 연구물들을 대상으로 추출하였다. 연구자들이 지적한 쟁점사항들은 명칭, 업무범위, 법인, 자격제도(자격기준 및 시험), 교육, 협회설립, 감독기관, 입법형태 등 8개의 범주안에 포함된다. 명칭에 대해서는 '탐정'이라는 명칭으로 통일할 필요가 있다고 본다. 업무범위에 대해서는 개정이 어려운 법률에서는 일반적인 업무규정을 개괄적으로 두고, 보다 구체적이고 세부적인 조사업무내용은 시행령을 통하여 규율하는 것이 합리적이라 할 수 있다. 민간조사제도는 법인으로의 제한적 운영이 필요하다고 본다. 교육에 대해서는 민간조사 종사자에 대한 신임교육과 재교육이 정기적으로 이루어져야 한다. 관리감독기관에 대해서 경찰청으로 일원화하여야 한다. 입법형태는 독자적인 법률로 규정하는 것보다는 경비업법의 개정을 통해 민간조사제도에 대하여 보완 규정하는 것이 효과적일 수 있다는 것이다.

• 분석과 대안
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• 제2권1호
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• 한국생활과학회지
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• 제15권5호
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• pp.867-878
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• 2006

This research is carried out to investigate the Condominium Management System of the states of California and Hawaii, and to examine the similarities and the differences between the Korean Apartment Management System and the American Condominium Management System. The research indicates: first, in Korea the management of apartment units is the Commission of the Representatives of the Occupants, while in America the management of condominiums is the Association of Apartment Owners, an organization of condominium owners in America. Second, it is required that apartment developers should submit such a document as the Public Report in America, which explains various matters concerning legal rights on condominium buildings and the outline of the buildings, to the authorities concerned in Korea. It can help the authorities to accumulate management techniques of the apartment complex, which could efficiently be used in practicing and planning city housing policies. Third, each apartment's management company in Korea is bound to make long term plans for maintenance based on the Housing Law. It is, however, difficult to reserve an adequate amount of money for the reserve fund, because its use is decided according to the maintenance rule which has a criterion different from each and every apartment management. Concludingly, an amendment of the Housing Law in Korea is required, in order to reserve at least 50 percent of the estimated sum of maintenance expense in future like Hawaii State in America.

• 대한물리의학회지
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• 제5권2호
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• pp.143-150
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• 2010

Purpose : In this study, by recognizes the legal constraints of a independent physical therapy clinic open, the other countries's law on physical therapist and the expected effect of independent clinic open, we suggest the need for independent clinic open in South Korea. Methods : To recognize the necessity and expected effect of independent physical therapy clinic open, by comparing the system and situation in South Korea with the countries joined in The World Confederation for Physical Therapy. Results : Effects of the independent physical therapy clinic open were following; 1. it could be guaranteed the option of the medical consumer 2. reduce the economic and time burden 3. provide a good quality medical service Conclusion : Independent physical therapy clinic open will provide a better therapeutic environment for consumer and contribute much to improving the benefit of welfare part of the nation. For provide a good quality to medical consumer, independent physical therapy clinic open and the amendment of related law and institutional device are positively necessary.

• 인터넷정보학회논문지
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• 제17권3호
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• pp.129-136
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• 2016

Crucial aspects to successfully realizing the re-emergence of a contemporary and sustainable supercomputing community in South Korea will involve the devoted efforts and support from key government and R&D organizations. We suggest various supplementation plans regarding the roles of support for the statutory plan. This includes the committee and the plans which are often missing necessary support systems that help competent ministries to plan properly according to the missions of the research center. This dissertation suggests that adjustment in the HPC trends will depend upon exposing and correcting problems in the law as well as overall improvement of the law. Also, the total development of a super computing market is necessary. The results of these guidelines will create a spread of demand for supercomputing for national IT resource sharing, and will foster the development of supercomputer specialists worldwide. Other major end results include significant increases in research productivity and increased rates of product development.

• 한국중재학회지:중재연구
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• 제20권2호
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• pp.131-149
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• 2010

Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.