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

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Information Sovereignty as the Basis of Modern State Information Security

  • Zozulia, Oleksandr;Zozulia, Ihor;Brusakova, Oksana;Kholod, Yurii;Berezhna, Yevheniia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.264-268
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    • 2021
  • In the context of globalization of information processes, the prevalence of information wars and terrorism, there are new threats to national interests in the information sphere, which actualizes providing the information sovereignty of modern states. Therefore, the purpose of the article is an in-depth analysis of the features and content of information sovereignty as a component of state sovereignty, its relationship with freedom of information and information security, as well as a characterization of the bases and directions of providing information sovereignty. The information sovereignty of the modern state includes its activities to determine national interests in the information sphere, the formation and implementation of information policy, providing information security, regulation and control of information processes. The realization of information sovereignty should be based on real freedom of information, information privacy and the state obligation to provide them. Ensuring information sovereignty also requires solving the problems of formation of modern information legislation, which would comprehensively establish the bases and directions of providing information sovereignty, exceptional cases of restriction of freedom of information.

An Analysis of Disputants' Environmental Conflict Frames Relating to Ohio Wetland Conversion Disputes (소택지 토지이용 변경에 관련된 분쟁론자의 환경 프레임 분석에 관 하여)

  • 이기철
    • Journal of the Korean Institute of Landscape Architecture
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    • v.21 no.4
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    • pp.1-14
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    • 1994
  • This study attempted to characterize conflict frames of environmental disputes by examining twelve actual wetland permitting cases in Ohio. The participants consisted of such interested parties as applicants, technical, legal or environmental consultants to applicants, U.S.Army Corps of Engineers, U.S.Environmental Protection Agency, U.S.Fish and Wildlife Service, Ohio Environmental Protection Agency, Ohio Department of Natural Resoures, local agencies, the environmental community, and citizens who have been involved of the permitting process. The purpose of this study is to provide empirical evidence of how different perceptual frames existed in the wetland conversion disputes, and to understand different environmental conflict frames that influenced disputants' perception relating to dispute resolution. The vehicles used to collect the necessary data were three survey instruments : Open-ended questionnaires, Likert-type questionnaires, and ranking questionnaires. Forty-three subjects were contacted for open fact-to-fact interviews, 53 subject for Kikert-type mail survey and 54 subjects for ranking instrument mail survey. Analyses of survey results revealed that six different types of frames were clearly identified from all the parties involved in Ohio wetland conversion disputes. It revealed that disputants had statistically significantly different levels of perception to the frames based on the participants' role (i.e. regulator, applicant, commentor), the number of involved parties in the process, processing time and the issuance of a permit. The findings also revealed that information sharing among disputants played a significant role in the process of froming and reframing. The alternative idea, building cooperation through negotiation, was proposed to provide new insight into the resolution of the dispute.

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Main Trends for Reforming the Law of Insurance Contract in England - Focused on the Insured's Post-Contract Duty of Good Faith in relation to Claims - (영국 보험계약법의 주요 개혁동향 - 보험금청구와 관련한 피보험자의 계약체결 후 선의의무를 중심으로 -)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.207-229
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    • 2012
  • In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

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A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis (판례분석을 통한 한방의료행위개념의 법적 근거 고찰)

  • Lee, Mee-Sun;Kwon, Young-Kyu
    • Korean Journal of Oriental Medicine
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    • v.15 no.3
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    • pp.19-28
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    • 2009
  • Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

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An Analysis of a Precedent of the Supreme Court about School Safety Accidents (학교 안전사고에 대한 대법원 판례 분석)

  • Kim, Dal-Hyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.19 no.2
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    • pp.168-179
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    • 2007
  • There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.

Can Economic Sanctions be Grounds for Exemption under the CISG?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.26 no.5
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    • pp.88-105
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    • 2022
  • Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

A Current Status of Natural Analogues Programs in Nations Considering High-Level Radioactive Waste Disposal

  • HunSuk Im;Dawoon Jeong;Min-Hoon Baik;Ji-Hun Ryu
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.21 no.1
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    • pp.65-93
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    • 2023
  • Several countries have been operating radioactive waste disposal (RWD) programs to construct their own repositories and have used natural analogues (NA) studies directly or indirectly to ensure the reliability of the long-term safety of deep geological disposal (DGD) systems. A DGD system in Korea has been under development, and for this purpose a generic NA study is necessary. The Korea Atomic Energy Research Institute has just launched the first national NA R&D program in Korea to identify the role of NA studies and to support the safety case in the RWD program. In this article, we review some cases of NA studies carried out in advanced countries considering crystalline rocks as candidate host rocks for high-level radioactive waste disposal. We examine the differences among these case studies and their roles in reflecting each country's disposal repository design. The legal basis and roadmap for NA studies in each country are also described. However because the results of this analysis depend upon different environmental conditions, they can be only used as important data for establishing various research strategies to strengthen the NA study environment for domestic disposal system research in Korea.

A Study on the Analysis and Improvement methods of Emergency Medical Service Systems for Large Scaled Fire (대형화재에 대비한 응급의료체계에 관한 분석과 개선방안)

  • Lee, Maria
    • The Korean Journal of Emergency Medical Services
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    • v.11 no.1
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    • pp.41-52
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    • 2007
  • In Korea, Crowds, as well as more complex and larger structures, have been caused more victims in the event of fire. In that situation, EMSS should have done triage the patients according to their severity in the field, treat with standard guidelines as like advanced burn life support and transfer to appropriate facility. But in many cases, they didn't practice like that. The purpose of this study is to give basic data for proper emergency medical services by analysing EMSS of large scaled fire in Korea and suggesting some improvement methods. The improvment methods are like this ; First, developing of protocols about burn patient is needed for EMT and dispatcher. Second, Legal approval for advanced treatment is needed for EMT. Third, Fire-helicoptors are needed in Daejeon and Jeju. And Emergency Medical Helicoptors are needed in EMSS. Forth, more advanced emergency medical centers of burn must be established. Sixth, more pocket-mask and burn sheet are needed for 119 rescuer. Finally, building owners must change inflammable materials as non-inflammable materials and educate fire-prevention and first-aid to employees.

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An analysis of Volatile Organic Compounds for the Application of Petroleum-based UVCB Substances to the Occupational Safety and Health Act (석유계 UVCB 물질의 산업안전보건법 규제 적용을 위한 일부 휘발성 유기화합물 분석)

  • Jeong-Hee, Han;Na-Young, Park;Na-Roo, Lee
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.4
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    • pp.371-380
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    • 2022
  • Objectives: To ensure that employers handling petroleum compounds understand whether petroleum-based UVCB (unknown or variable composition, complex reaction products, or biological materials) substances contain hazardous substances and comply with the Occupational Safety and Health Act, petroleum-based UVCB substances were analyzed and the results from samples were compared with MSDS (Material Safety Data Sheet) contents. Methods: Twenty-one petroleum samples were analyzed using GC-MS (Gas Chromatography-Mass Spectrometry), targeting ten volatile organic compounds regulated by the Occupational Safety and Health Act. Results: The target chemicals were detected in 13 out of 21 samples. All 13 samples were in the naphtha (low boiling point naphthas (gasolines)) group. There were also naphtha group samples containing 2% benzene. Some naphtha samples used as solvents contained about 1% benzene. Conclusions: This study shows that naphtha group petroleum substances contain hazardous chemicals in many cases. In particular, if benzene, n-hexane, and toluene with low occupational exposure limits are contained above the limit concentration. Such information should be delivered in the article on MSDS legal regulations.

Development of a Simultaneous Detection and Quantification Method of Anorectics in Human Urine Using GC-MS and its Application to Legal Cases (GC-MS를 이용한 사람 뇨시료 중 비만치료제 분석 및 비만치료제 남용 현황의 법과학적 고찰)

  • Choi, Hyeyoung;Lee, Jaesin;Jang, Moonhee;Yang, Wonkyung;Kim, Eunmi;Choi, Hwakyung
    • YAKHAK HOEJI
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    • v.57 no.6
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    • pp.420-425
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    • 2013
  • Phentermine (PT) and phenmetrazine (PM) have been widely used as anti-obesity drugs. These drugs should be used with caution due to its close relation to amphetamine in its structure and toxicity. PT and PM, amphetamine-type anorectics, have recently been considered as alternatives for methamphetamine abuse in Korea. In addition, the misuse and abuse of PT and PM obtained by illegal sources such as the internet become a serious social problem. In the present study, a simultaneous detection and quantification method for determining PT and PM in human urine was developed and validated according to the international guidelines. The urine samples were screened using a fluorescence polarization immunooassay and analyzed by gas chromatography mass spectrometry (GC-MS) after extraction using automatic solid phase extraction (SPE) with a mixed-mode cation exchange cartridge and derivatization with pentafluoropropionic anhydride (PFPA). The validation results for selectivity, linearity, limits of detection (LOD) and quantification (LOQ), intra- and inter-assay precision and accuracy and recovery were satisfactory. The validated method was successfully applied to authentic urine samples collected from 38 drug abuse suspects. PT and/or PM were identified with or without methamphetamine in urine samples. Abuse of PT and PM have increased continuously in Korea, therefore, closer supervision of the inappropriate use of anoretics is necessary.