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

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A Study on the Use of Criminal Justice Information Big Data in terms of the Structuralization and Categorization (형사사법정보의 빅데이터 활용방안 연구: 구조화 범주화 관점으로)

  • Kim, Mi Ryung;Roh, Yoon Ju;Kim, Seonghun
    • Journal of the Korean Society for information Management
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    • v.36 no.4
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    • pp.253-277
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    • 2019
  • In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

A Study on the Characteristics of Apartment Balcony after Legalization to Remodel the Balcony - Focused on Comparison of the Apartment Plans of Metropolitan Areas and Provincial Areas - (발코니 확장 합법화 이후 분양된 아파트 평면의 발코니 특성과 활용에 관한 연구 - 수도권과 군 이하지역의 아파트 평면비교를 중심으로 -)

  • Park, Kyoung-Ok;Lee, Sang-Un
    • Journal of the Korean Institute of Rural Architecture
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    • v.10 no.2
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    • pp.61-70
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    • 2008
  • The purpose of this study is to give some suggestions for the legal supplement of the regulation on the balcony expansion for the optimal use of apartment balcony. For the purpose, this study focused on the characteristics of spaces expanded to the balcony, in the plans supplied after the legalization of balcony expansion, comparing them by their location; the metropolitan area of Seoul Gyeonggi and the districts of the other areas. The 168 plans of apartments in the supplied by top 10 constructors in the metropolitan areas of Seoul and Gyeonggi, together with the 92 plans in the other smaller districts in 2006 to 2007 were analyzed with the tools of frequency and chi-square analysis. The result is as follows. (1) The region showed no difference in the plans of balcony; whereas the size, the position and access of the shelter explained some differences of balcony plan. (2) In wider plans, balconies were placed in all sides of plan-front, rear and side, and were remodeled to expand facing rooms. (3) The balcony expansion tended to increase the number of bays. (4) In almost cases, the living rooms were expanded to balcony. In smaller plans, the balconies were remodeled to supply supplementary kitchen space, splitting it from laundry. (5) The shelters were placed at the rear or side of plans, but the shelter facing room could be dangerous in case of fire. The balcony expansion, despite of legalization spirit to adopt diverse use of additional spaces for residents' needs, was only a tool for the space expansion. The amendment of the regulation is needed to accommodate these findings that the balconies should be identified by their function, that the front corridor-type balcony should be limited in length and magnitude, and that the shelter should be positioned with easy access.

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Characteristics of Factory Architecture in Semi-industrial Area of Seong-su - A Case Study Factory Building Permits in 2010s - (성수동 준공업지역 공장건축물의 건축행위 특성에 관한 연구 - 2010년대 건축행위 허가 및 신고 사례를 중심으로 -)

  • Yang, Yoo-sang;Park, So-Hyun
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.12
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    • pp.145-156
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    • 2018
  • This study explores changes of industrial scales and building activities in the semi-industrial area of Seoul's Seong-su, responding to the shifts of industrial structures and policies in the Korean society. The purpose of this study is to investigate patterns of construction activities of factory buildings in the Seong-su semi-industrial area by analyzing changes in industrial facilities. As a result of the analysis, the change of the factory building area come out from the recent survey implies the possibility of entrepreneurial inflow as much and the new constructions and some remodeling cases which are characterized by complexity seem to correspond to the industrial structure. However, it is unreasonable to believe that this phenomenon is a mainstream movement involving small-scale factory buildings and companies. This is because there are aspects that are not included in this movement, such as changing the use of buildings without accompanying physical changes. On the other hand, compared to various movements of individual companies in response to the industrial structure, the physical plan suggests a limited alternative centering on the floor area ratio and the building area ratio. This means that the efforts to attract and grow the power of knowledge based-industry through the designation of the Industrial Development Promotion District in part of the case sites, overlook the natural change through remodeling and reuse of existing buildings. In addition, considering the fact that the production space of industrial use can be greatly influenced by the behavior of users compared to general buildings such as residential and commercial, it is necessary to pay attention to various phenomena occurring in the area more locally than the uniform supply policy. Based on these findings, this study contributes to illuminate the legal system related to building act in the Seong-su semi-industrial area and the potential direction of architectural suggestions in related policies and researches.

A Comparative Analysis on the General Principles of the Liability for Damages (손해배상책임(損害賠償責任)의 일반원칙(一般原則)에 관한 비교연구(比較硏究))

  • Bae, Jun-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.7-31
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    • 2001
  • All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

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Forest Fragmentation Due to Roads in Chirisan National Park (지리산 국립공원 내 도로에 의한 산림조각화)

  • Paek, Kyungjin;Park, Kyung;Kang, Hyesoon
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.8 no.1
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    • pp.63-72
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    • 2005
  • Chirisan National Park, the first and largest one out of 20 national parks in Korea, is divided into five zones. They are composed of nature preservation zone, natural environment zone, natural residential zone, concentrated residential zone, and collective facility zone. However, the park is not a continuous habitat: roads, trails, local residences, and various facilities created the habitat mosaics severely fragmented. We investigated the fragmentation pattern of the park due to roads and mountain trails using GIS. Based on perimeter length, area, and the ratio of perimeter to area of each patch, we obtained landscape analysis indices which reflect the regularity of the patch shape. The 1 m-wide hiking trails divided the park into 491 fragments. The legal trails with 1.5 m - 3 m width which have been heavily used by hikers generate 58 fragments. Even the nature preservation zone, corresponding to a core zone comprising 31.8% of the park area, was divided into 37 fragments because of the roads and mountain trails. With the different widths of buffer applied, the core sizes of the fragments were reduced. When the 60 m buffer was applied, the patch interior areas ranged from 0.0001 to 47.77 $km^2$ with a mean of 7.08 $km^2$. The landscape shape indices were far greater than 1 for most of the cases with a maximum value of 25. These results clearly indicate that Chirisan National Park is not a continuous habitat, but mosaics of small, irregularly shaped habitat fragments. It is necessary to take the size and shape of the fragmented habitats into consideration when nature conservation is planned, especially for large wildlife such as brown bears.

A Study on Improvement of Barrier Free Door Standard (Barrier Free 출입문 규격기준 개선에 관한 연구)

  • Kim, In-Bae;Kim, Won-pil
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.23 no.4
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    • pp.7-15
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    • 2017
  • Purpose: The Korean government has implemented a Barrier Free Certification System since 2008 to create a secure and convenient environment for the socially disadvantaged. The drastic increase in the number of BF-certification facilities is expected due to the revision of the system and increasing the number of certification institutions. An analysis of individual evaluation items needs to be made for the BF-Certification with public confidence. Method: Korean standard, International Standard(ISO/FDIS 21542, 2011), German Standard(DIN 18040-1, 2010), Austrian Standard(${\ddot{O}}NORM$ B 1600, 2017) and Swiss Standard(Norm SIA 500 / SN 521 500, 2009) were investigated and analyzed. A comprehensive improvement plan is proposed by comparing details of the aforementioned standards and the evaluation items of BF-Certification. Results: Many problems arise in applying existing Barrier-free standards due to changes in population structure, environmental change and the use of powered wheelchairs. International standards are being improved to solve these problems. The korean standards also require improving of the Barrier Free Law and Certification System, which reflect these trends. In korean cases, standards such as the size of the doors (width and height), the Unobstructed Manoeuvring Space and Clear Space at the Latch side of the Door are required to improve standards in accordance with international standards. In addition, the expression of laws and evaluation items of BF-Certification should be clearly defined. And the application of visual contrast standards for the enhancement of perceptions presented in international standards should be considered. Implication: Barrier Free related legal standards and evaluation items of BF-Certification that are used in Korea are required to be revised in consideration of social and environmental changes. Comprehensive improvements should be made through detailed review.

A Study on the Property Values of News Articles and Copyright Infringement (보도기사의 재산권적 가치와 무단전재를 통한 저작권 침해에 관한 연구)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.39
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    • pp.324-354
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    • 2007
  • Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.

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A Basic Study on the Introduction of Human Rights Education for Seafarers (선원인권교육의 도입 방안에 관한 기초연구)

  • Jin, Ho-Hyun;Lee, Chang-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.5
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    • pp.560-571
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    • 2019
  • In line with the United Nations' Action Plan for the First and Second World Programme for Human Rights, countries around the world are making efforts to strengthen and develop human rights education through voluntary participation and improvement of the legal system. South Korea is also trying to spread human rights education under the leadership of the National Human Rights Commission of the Republic of Korea, but there has been no significant progress so far. Moreover, it has failed to pay close attention to the human rights issues of seafarers on board. This study identified the phenomenological problems based on an analysis of domestic and international literature, and of cases of violation of seafarers' human rights. It utilized the interactivity research method to create an educational environment for improving the human rights situation of seafarers on board mixed-nationality crew vessels. In doing so, the research suggests the introduction of human rights education for seafarers and the implementation of a human rights education program in designated educational institutions as fundamental solutions to the human rights issues of seafarers, as these have been pointed out as the main cause of conflicts in mixed-nationality crew vessels.

A Study on Consumer Arbitration System by Empirical Analysis on Redemption for Consumer′s Claim (소비자피해구제 실태분석을 통한 소비자중재제도 도입방안 연구)

  • 김석철
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.207-239
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    • 2002
  • The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3% of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19% of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

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A Study on the Tooling of Money Laundering Using Cryptocurrency (가상화폐를 이용한 자금세탁 도구화에 관한 연구)

  • Song, Hye Jin
    • Journal of the Society of Disaster Information
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    • v.17 no.3
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    • pp.600-607
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    • 2021
  • Purpose: The purpose of this study is to examine the path of money laundering of criminal proceeds through cryptocurrency using criminal script analysis and to devise measures to prevent and prevent criminal justice agencies from doing so. Method: Based on the results of a prior study on the profit path of cryptocurrency through money laundering and criminal cases in Korea, the path of money laundering was analyzed using criminal script techniques. Result: Most of the cryptocurrencies that have been launched are converted into criminal proceeds, which are re-launched and cashed or have a vicious cycle of being used as criminal funds are used. According to the script, the route of money laundering is mainly converted to criminal proceeds from cryptocurrency exchanges using anonymity, which is repeated several times, making it very difficult to find the money using cryptocurrency in criminal justice institutions. Conclusion: As the method of money laundering using cryptocurrency is becoming more sophisticated, legal sanctions and preventive institutionalization should be prepared for the prohibition or confiscation of cryptocurrency transactions for money laundering after understanding the flow.