• Title/Summary/Keyword: Analysis of The Legal Cases

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A Study on the Prison Library for the Protection of Prisoner's and Pre-trial Prisoners' Rights (수용자의 기본권 보장을 위한 교정기관 도서관에 관한 연구)

  • Hong, Myung-Ja
    • Journal of Korean Library and Information Science Society
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    • v.35 no.4
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    • pp.41-63
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    • 2004
  • This study is an analysis of the prisoners' and the pre-trial prisoners' rights based on the laws and rules, and court cases. Rights included are the right to know and the access to information, the right to legal representation and the right of education, all of them can be protected when the prison libraries are administered In order to protect the prisoners' and pre-trial prisoners' rights, the necessity for the establishment of prison library is discussed and the direction of prison library system is suggested.

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A Brief Sketch of Architectural Works Copyright with the United States Cases: Analysis based on Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case

  • Moon, Hwakyung
    • Architectural research
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    • v.9 no.1
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    • pp.1-8
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    • 2007
  • These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

Statistical Evaluation of Sibling Relationship

  • Lee, Jae-Won;Lee, Hye-Seung;Lee, Hyo-Jung;Hwang, Juck-Joon
    • Communications for Statistical Applications and Methods
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    • v.14 no.3
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    • pp.541-549
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    • 2007
  • Testing the sibling relationship becomes more important issue in many cases such as the reunion of dispersed family members whose parents have already passed away and the discrimination between pure-bred and crossbred dogs. Analysis of the sibling case is different from that of the paternity case. In this paper, we describe how to evaluate and determine the sibling relationship by comparing sibling pairs with unrelated pairs. We use the Korean population with 17 independent STR loci system to propose a discrimination rule.

A Study on the Analysis of the Potential FT(Financing of Terrorism) Threat Using Virtual Currencies and Its Response (가상통화를 활용한 테러자금조달 위협 분석과 국내 대응방안에 관한 연구)

  • Kang, Taeho;Cha, Jang-Hyeon;Kim, Gunin
    • Korean Security Journal
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    • no.62
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    • pp.9-33
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    • 2020
  • This study presents aspects of the financing of terrorism using virtual-currencies. Fisrt of all, this introduces the conventional threat of the financing of terrorism and the analysis of current legal system regarding virtual-currency in South Korea. Next, the financing of terrorism cases are analyzed. With given analysis, the paper deals with its response and future extensions by technical and institutional aspects. The threats of the financing of terrorism are going higher after the appearance of virtual-currencies such as Bitcoin. There are two typical ways to use virtual-currencies by terrorist groups. One is to conduct public fund-raising in the social network system and the dark web. The other is to hack into virtual-currency exchange network in order to steal virtual currencies for developing the weapon of mass destruction. Specifically South Korea is top three country of trading virtual currencies and has been subject to virtual-currency hacking more than 10 cases. However, many countries including South Korea deal with virtual currencies as only innovative technology and means of investment, not the threats of the financing of terrorism. Under these circumstances, there a the legal contradiction. This article points this limit and absurdity. Also, it shows reasonable alternatives. All in all, given these aspects, the article proposes detailed policy directions.

A Study on Flight Operation Procedures of Incheon International Airport for Noise Abatement in and around Gangwha Island (강화도 지역의 항공기 소음저감을 위한 인천국제공항 운항절차 검토)

  • Yoo, Byeong-Seon;Song, Byung-Heum
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.18 no.4
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    • pp.106-112
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    • 2010
  • After a series of aircraft noise measurements conducted in Noise Sensitive Areas(NSAs) in Gangwha Island, there appeared to be no regions affected by aircraft noise of over 75 WECPNL, the legal noise level standard for aircraft operations. However, with regard to the future environment where flight operations at Incheon International Airport are likely to escalate, an INM analysis result drawn shows that the number of regions afflicted by such noise will increase in Gangwha Island. Therefore, we studied similar cases from developed countries, which are pertinent to solutions for aircraft noise abatement in the vicinity of airports and herewith provided 6 more flight operation procedures other than those 3 currently in service at Incheon International Airport.

Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Portal's Liability for User Reply to News Article, Provided by the News Media -A Critical Analysis on 2005 GaHap64571 of Seoul Central District Court- (언론사로부터 전재 받은 뉴스기사의 댓글에 대한 포털의 작위의무 -서울중앙지법 2005가합64571 판결에 대한 비판적 고찰-)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.42
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    • pp.140-167
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    • 2008
  • This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

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Improving the Ship Marine Pollution Prevention Manager Education and Training Curriculum - Based on a Comparative Analysis between Korean and Foreign Legal Education - (선박 해양오염방지관리인 교육·훈련 교육과정 개선방안에 관한 연구 - 국내·외 법정교육 비교·분석을 기반으로 -)

  • Choi, Jung-Sik;Ha, Min-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.353-365
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    • 2020
  • The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

A Study on the Analysis of Fraud Crime Types according to NFT Transactions (NFT 거래에 따른 사기범죄 유형 분석에 관한 연구)

  • HyeJin Song
    • Journal of the Society of Disaster Information
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    • v.19 no.4
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    • pp.908-915
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    • 2023
  • Purpose: The purpose of this study is to examine the types of fraudulent crimes among various crimes taking place during NFT transactions, and to approach institutional problems caused by crime types analysis and crackdown methods and legal limitations. Method: IIn order to classify the types of fraudulent crimes that appear in NFT transactions, the crime types were analyzed through the results of previous studies and cases of current incidents. Result: Most of the crimes that are taking place through NFTs are various types of fraudulent crimes such as rug pools, thefts, personal information theft fraud, and pig murder. Therefore, these types were classified and various damage cases were also analyzed. It is a matter of copyright. Conclusion: Currently, the financial problems caused by the occurrence of fraudulent crimes in NFTs worldwide are the most worrisome, and the scale will be even greater as the market grows in the future. Therefore, in Korea, various institutional supplements and policies should be prepared through analysis of crime types that can affect crime prevention and investigation and arrest activities.

A Study on the Expansion and Revitalization Plan when Conceiving Civil and Military Sharing Facilities - Factor Analysis and Analytic Hierarchy Process - (민군 시설공용 확대 및 활성화 방안에 관한 연구 - 요인 분석과 AHP분석 기법으로 -)

  • Gong, Keum Rok;Park, Young Jun
    • Journal of the Architectural Institute of Korea Structure & Construction
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    • v.34 no.5
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    • pp.19-26
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    • 2018
  • A civil-military facility sharing project is a part of mutual cooperative efforts, which enables the military to use any civilian (local government or company) or a civilian to use any military facility. Such facility sharing project may reduce or clear possible conflicts with the local residents in the surrounding area of a military facility while being available to save budgets for new construction or maintenance of a defense or military facility. Various measures have been proposed for institutional resolutions on conflicts with the local residents in the surrounding area of a military facility. This study collects and organizes previous cases of the civilian-military facility sharing projects, and analyzes the characteristics of such cases based on the project types. In addition, by organizing and proposing the project characteristics, plans (ideas) and determination criteria to expand and vitalize are presented regarding the project types having restrictions. AHP technique is employed to research on the matrix for the project feasibility determination. Also, the opinions organized through the cause analysis are categorized and presented as a project for the expansion and vitalization of future project. According to the rearch result, Type I, II and III are determined to be projects that can be implemented without difficulties. Type IV, on the other hands, is determined as not illegal, yet inadequate so that some legal and institutional complements are required to expand and vitaliza this facility sharing project.