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

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Analysis of antimicrobial residues in meat samples from slaughtered livestock in 2006 (2006년 도축장 출하 지육에 대한 항생물질 잔류현황 분석)

  • Suh, Dong-Kyun;Park, Dae-Hyun;Hong, Ju-Yeon;Lim, Hyun-Sook;Kim, Kyung-Hee;Lee, Chun-Sik
    • Korean Journal of Veterinary Service
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    • v.31 no.1
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    • pp.129-135
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    • 2008
  • A total of 3,943 samples (beef 698, pork 2,178 and chicken 1,067)were collected from slaughter houses in Daegu from January to December 2006 for analysis of antimicrobial residues. The results were also comparatively analyzed with those carried out from 16 veterinary service laboratories nationwide as a part of national residue program in 2006. The samples from 11 farms (cattle 2, pig 9) were found to exceed the legal limit. Among them 5 were classified as tetracyclines, 3 as $\beta$-lactams, 2 as sulfonamides and 1 as quinolone. Nationally a total of 222 farms (241 cases) were found to violate the residual limits, of which 47.3% were detected by screening test, followed by surveillance (38.3%). Failure to observe withholding periods of antimicrobial drugs after treatment was the most significant cause of the non-compliance.

The Chilling Trade Effects of Provisional Anti-dumping Duties: The Case of Korea

  • Sun, Joo Yeon
    • Journal of Korea Trade
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    • v.24 no.3
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    • pp.1-19
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    • 2020
  • Purpose - This study empirically analyzes the effects of provisional anti-dumping duties levied on imports by Korea following anti-dumping investigations. An anti-dumping duty is a legal tool that countries use to impose duties on imports to offset injurious dumping. This study verifies how effective the imposition of a provisional anti-dumping duty is and whether such duties have trade chilling effects on aggregate imports. Specifically, this study examines import trade diversion from named to unnamed countries caused by the imposition of provisional anti-dumping duties. Design/methodology - This empirical analysis employs an econometric model of provisional anti-dumping measures for cases in which Korea imposed final affirmative anti-dumping measures. We construct a monthly panel dataset for each stage of anti-dumping investigation undertaken by Korea for all manufacturing industries during 1995-2013. We illustrate a stage-by-stage analysis of anti-dumping investigations from initiation, preliminary decision, imposition of provisional duty, final affirmative decision, and imposition of final affirmative duty on a monthly basis at the six-digit harmonized system code-level. Findings - For cases in which provisional duties are imposed, the reduction in imports from named countries outweighs the increase in imports from unnamed countries. The substantial reduction in imports from named countries is large enough to offset the import diversion to unnamed countries, suggesting that import diversion in investigations is limited during the investigation period. Therefore, the use of provisional anti-dumping duties in Korea is effective, providing evidence of a chilling effect on aggregate imports. Originality/value - Few studies examine the size of the effects on import trade diversion of the imposition of provisional anti-dumping duties. We contribute to the literature by disentangling separate trade effects for each phase of the anti-dumping investigation process and imposition of provisional duty.

Analysis of Steganography and Countermeasures for Criminal Laws in National Security Offenses (안보사건에서 스테가노그라피 분석 및 형사법적 대응방안)

  • Oh, SoJung;Joo, JiYeon;Park, HyeonMin;Park, JungHwan;Shin, SangHyun;Jang, EungHyuk;Kim, GiBum
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.4
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    • pp.723-736
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    • 2022
  • Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.

A Study on the Status and Cases of Occupational Accidents of Child-care Teachers (보육교사의 산업재해 현황 및 사례에 관한 연구)

  • Lim, Jin Seok;Jeong, Seong Choon;Kwon, Yogjun;Kim, Keun Jin;Do, Nam Hee;Lee, Jaehee;Choi, Yoon Kyung
    • Korean Journal of Childcare and Education
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    • v.16 no.4
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    • pp.73-92
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    • 2020
  • Objective: The purpose of this study is to examine occupational safety accidents of child care teacher and to suggest preventive measure in occupational safety health and safety for child-care teacher. Methods: We investigated laws, policy, and previous studies related occupational safety and health for child care teacher. Especially, we reviewed the legal definition of child-care teacher to identify whether Occupational Safety and Health acts cover child-care teacher. Also cross tabulation and a qualitative analysis were conducted for occupational accidents in child care centers from 2013-2018. Results: Safety and health related policies to protect child care centers have been carried out by child care Center Safety and Insurance Association and the Child Care Support Center, but it has mainly been functioned to protect children excluding child care teacher. The most occupational accidents occur in worker aged 40s. The most type of occupational accident were falling down on the floor and surface. Also we could find that there is a high risk of falls, and musculoskeletal disorders through qualitative analysis on occupational accidents cases of child-care teacher. Conclusion/Implications: We suggest to improve the system for protecting child care workers including strengthening occupational safety and health education for child care workers, expanding coverage of national project to prevent occupational accidents.

Analysis on the Constitutional Judicial Precedents concerning the Social Welfare Law (사회복지법 관련 헌법재판소 판례 분석 : $1987{\sim}2004$년 헌법판례 현황과 내용을 중심으로)

  • Jung, Jin-Kyung
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.395-423
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    • 2006
  • The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

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The Accidents Analysis for Safety Training in The Container Terminal (컨테이너터미널에서 안전교육이 사고에 미치는 영향 분석)

  • Cha, Sang-Hyun;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
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    • v.40 no.4
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    • pp.197-205
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    • 2016
  • Our country, which relies on maritime transport a majority of import and export trade volume and faced with unexpected accidents, it is difficult to operate the normal function of container terminal. It also caused by reliability issue raised is likely to be given a blow to the new volumes to attract and maintain existing volumes. Under this views, the container terminal is a situation that highlights the role of the harbor workers and cope with aggressive work to provide the best quality services to customers 365 days. On these grounds, the heavy work burden is passed on to the harbor workers and caused accidents every year. The study was analyzed the safety status of the container terminal under the real following the conditions as disaster status analysis, insufficient safety training circumstances and safety training from 2012 year to 2015 in the target current K.Y terminal. As a result of equipments safety training analysis, it shows that 2012 year happened 45 cases and 31 cases in 2013 year until not practicing the training over the Gantry Crane equipment. One hand 23 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 13 cases and 19 cases in 2013 year until not practicing the training over the Transfer Crane equipment. One hand 12 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 9 cases and 9 cases in 2013 year until not practicing the training over the Yard Tractor equipment. One hand 9 cases took place in 2014 while preparation training and the other intensive training period of 2015, 4 cases occurred. Because safety training of the container terminal was given to greatly impact on the mandatory safety training, self-educational enforcement and specified equipments safety training, hence the container terminal is to strengthen the safety education to prevent accidents in advance.

A Study of Children's Statements in sexual violence cases of children less than the age of 13 -Focusing on video-recorded hearsay evidence- (13세미만 아동성폭력 재판에서의 아동진술연구 -영상매체를 통한 전문 증거를 중심으로-)

  • Park, Yeon Ju;Kim, Jung Woo
    • Journal of the Korean Society of Child Welfare
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    • no.55
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    • pp.87-111
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    • 2016
  • This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.175-204
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    • 2018
  • Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

The Improvement Plan for Personal Information Protection for Artificial Intelligence(AI) Service in South Korea (우리나라의 인공지능(AI)서비스를 위한 개인정보보호 개선방안)

  • Shin, Young-Jin
    • Journal of Convergence for Information Technology
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    • v.11 no.3
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    • pp.20-33
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    • 2021
  • This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.

Developing Product Liability Response Strategies of SMEs using PEST-SWOT-AHP analysis (PEST-SWOT-AHP 분석을 이용한 중소제조기업의 제조물책임 대응전략 수립)

  • Seo, JunHyeok;Bae, SungMin
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.39 no.2
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    • pp.11-18
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    • 2016
  • Product liability (PL), which began enforcement in 2002, refers to the legal responsibility of the manufacturers or sellers (wholesales or retailers) for the property damage or bodily harm caused by their product. With a strong enforcement of the Product Liability (PL) Act, companies are required to structure and operate a response system to defend or prevent product accidents efficiently, but small and medium enterprises (SMEs) are unable to respond more aggressively due to limitation of management resources. In this manner, it is important to develop response strategies for SMEs to efficiently cope with the PL Act. In this paper, the PEST (Political, Economic, Social, and Technological) analysis is performed to reveal the impact of the PL Act on SMEs in macro-economic point of view. To formulate SME's PL response strategy, SWOT analysis is performed to categorize each factors from PEST analysis and AHP is applied to identify the intensities of SWOT factors. The prioritized SWOT factor, results of PEST-SWOT-AHP analysis, are used to formulate SME's PL response strategies. The study results are briefly summarized as follows. To reduce product defects, it is necessary for SMEs to formulate PL response strategies for each phase of the product life cycle by continuously collecting and analyzing PL cases in the same industry or for similar products. In addition, SMEs should invest more technological effort to ensure product safety. Further, SMEs should spread PL awareness to all staff members by training internal PL experts. Moreover, a SME should enroll in PL insurance and spread this information to its customers so that they become aware that the company is proactively conforming to the PL law.