• Title/Summary/Keyword: Comparative Study of Law

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A Comparative Analysis of IRM-Related Laws with US (정보자원관리 관련 법체계 분석: 미국과의 비교 분석을 중심으로)

  • Kim, Sung-Kun;Ahn, Nam-Kyu;Lee, Jin-Sil
    • Information Systems Review
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    • v.7 no.1
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    • pp.21-40
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    • 2005
  • IT investment is continuously increasing. Its outcome, however, is not accomplished as easily as originally expected. There have a variety of efforts to overcome this dilemma. In public sector, information resource management (IRM) was suggested as one of the most effective approach for information & IT management. Accordingly, United States has been incorporating the IRM principles into information-related laws since 1980s. However, such efforts were insufficient in Korea. In this study we attempt to compare our information-related laws with United States laws with respect to major components of IRM. Based on this finding, we go one-step further to suggest ways to arrange a new legislation where the IRM would be a foundation for information & IT management.

Comparative Study on Value Systems of Korean and American Police Officers (경찰공무원의 가치관에 대한 한미간의 비교연구)

  • Han, Sang-Am;Jeong, Duke-Young
    • The Journal of the Korea Contents Association
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    • v.7 no.2
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    • pp.191-201
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    • 2007
  • Through contemporary researches on policing, individual employees in law enforcement agencies has gained more and more attention from researchers and police organization managers. Unfortunately an important but largely ignored area of current research on individual police officers concerns the value orientations obtaining among Korean police officers. And during last five decades or so, no research has been done on this issue. Studying individual value orientations is important because a substantial body of research indicates that particular patterns of value orientation predict world views and hence can in turn predict behavior at the workplace and behavioral predispositions on salient social issues. Therefore in this research, the authors intended to answer these issues. (1) What are the characteristics of value orientations among Korean police officers. (2) Is there any differences between Korean and American police officers on the value orientations among them.

The Study on U.S. GARA and Aircraft Products Liability (일반항공에서의 제조물책임에 관한 연구 - 미국 일반항공진흥법(GARA)을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.55-86
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    • 2014
  • The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

Comparative Study Between U-City Plan and Related Plans (유비쿼터스도시계획과 관련계획의 비교연구)

  • Park, Chan-Ho;Lee, Jae-Suk;Shin, Dong-Bin;Kim, Jung-Hoon
    • Journal of Korean Society for Geospatial Information Science
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    • v.18 no.1
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    • pp.99-109
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    • 2010
  • The U-City comprehensive plan has been settled on November in 2009 by U-City law which was enacted in 2008. On this, the U-City plan's framework which local governments established has been set. However, those who work for U-City in local governments and private sector would be fallen into confusion because they have not fully understood yet the concept of planning system in the U-City plan. In this condition of the early stage, some problems that are overlapping investments and lack of coordination between plans may occur. On this background, it is needed to understand the U-City plan's status and role by figuring out the relationship between U-City plan and other related plans. The goal of this paper is to suggest implications that are differences and similarities for coordination among the plans through a comparison with detailed instructions and laws related to U-City planning.

A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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A Comparative Study on the Characteristics of Cultural Heritage in China and Vietnam (중국과 베트남의 문화유산 특성 비교 연구)

  • Shin, Hyun-Sil;Jun, Da-Seul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.2
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    • pp.34-43
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    • 2022
  • This study compared the characteristics of cultural heritage in China and Vietnam, which have developed in the relationship of mutual geopolitical and cultural influence in history, and the following conclusions were made. First, the definition of cultural heritage in China and Vietnam has similar meanings in both countries. In the case of cultural heritage classification, both countries introduced the legal concept of intangible cultural heritage through UNESCO, and have similarities in terms of intangible cultural heritage. Second, while China has separate laws for managing tangible and intangible cultural heritages, Vietnam integrally manages the two types of cultural heritages under a single law. Vietnam has a slower introduction of the concept of cultural heritage than China, but it shows high integration in terms of system. Third, cultural heritages in both China and Vietnam are graded, which is applied differently depending on the type of heritage. The designation method has a similarity in which the two countries have a vertical structure and pass through steps. By restoring the value of heritage and complementing integrity through such a step-by-step review, balanced development across the country is being sought through tourism to enjoy heritage and create economic effects. Fourth, it was confirmed that the cultural heritage management organization has a central government management agency in both countries, but in China, the authority of local governments is higher than that of Vietnam. In addition, unlike Vietnam, where tangible and intangible cultural heritage are managed by an integrated institution, China had a separate institution in charge of intangible cultural heritage. Fifth, China is establishing a conservation management policy focusing on sustainability that harmonizes the protection and utilization of heritage. Vietnam is making efforts to integrate the contents and spirit of the agreement into laws, programs, and projects related to cultural heritage, especially intangible heritage and economic and social as a whole. However, it is still dependent on the influence of international organizations. Sixth, China and Vietnam are now paying attention to intangible heritage recently introduced, breaking away from the cultural heritage protection policy centered on tangible heritage. In addition, they aim to unite the people through cultural heritage and achieve the nation's unified policy goals. The two countries need to use intangible heritage as an efficient means of preserving local communities or regions. A cultural heritage preservation network should be established for each subject that can integrate the components of intangible heritage into one unit to lay the foundation for the enjoyment of the people. This study has limitations as a research stage comparing the cultural heritage system and preservation management status in China and Vietnam, and the characteristic comparison of cultural heritage policies by type remains a future research task.

A Comparative Study on the Dietary Culture Consciousness and Their Consumption Attitude of Traditional Foods between Korean and Japanese Women (한국과 일본여성의 식문화 의식과 전통식품 소비실태 비교 연구)

  • Koh, Kyung-Hee
    • Journal of the Korean Society of Food Culture
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    • v.18 no.4
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    • pp.333-345
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    • 2003
  • We conducted a survey on Japanese women's consciousness of food culture and their traditional food consumption by self filling-out questionnaire during January, 2000 for the period of a month, For the survey we selected 250 women residing in Kyoto, Japan. For the statistic work we used SAS package system, and t-test, $\cal{X}^2-test$ and Duncan's multiple range test were also used to verify the results significance. The purpose of this survey lies in gathering a basic data on the comparative direction of Korean and Japanese women's food culture in the future 1. Comparing the preferred food purchase place, In case of Korean women, traditional market was comparatively more preferred while Japanese women relatively preferred convenience store (p<0.001). 2. In case of Japanese women, they answered there is no difference from ordinary days on New Year's Day (71%) and Christmas (40%) while 38% answered they prepare food at home. 40% said they prepare food on parents-in-law's birthday, and 41% said no difference from ordinary days. 52% said they prepare food at home on husband's birthday. For their own birthday, 32% said yes to preparing food at home while 45% said no difference and 22.3% said eating out. For children's birthday 65% said preparing at home, 16.3% said no difference and 14.9% said eating out. 3. Comparing the conception on traditional food, Korean women answered 'complicated' (77%) most while 'simple' (5%) least, which indicates their demands for simplified recipes. In case of Japanese women, 'complicated' (44%) was most while 'scientific' (6%) was least which indicates their demands for scientific way of recipes. There were differences shown by age (p<0.001) and the older the more said 'simple' or 'logical' (p<0.01). 4. As the reason for the complicity of traditional food recipes, Koreans said 'too many hand skill' (60%) most while 'too many spices' (8%) least. For Japanese, 'various kind of the recipe' (55%) was most while 'too many hand skill' (7%) was least. There were significant differences shown by academic background (p<0.01) and income(p<0.01), and the lower the academic background, the more said 'too many spices' as the reason for the complicity in making traditional food. Generally, the lesser the income, the more tendency to say 'various kinds of the recipe'. 5. In case of Koreans, 'the recipe is difficult' (56%) was high while 'uninterested' (9%) was low in answer which showed differences by academic background (p<0.05), and in case of Japanese, 'no time to cook' (44%) was high while 'uninterested' (7%) was low. 6. The following is the reasons for choosing traditional food as a snack for children. In case of Koreans, they answered as 'traditional food' (34%), 'made from nutrious and quality materials' (27%), 'for education' (22%) and 'suites their taste' (17%) revealing 'traditional food' is highest. In case of Japanese, it was revealed in the order of 'made from nutrious and quality materials' (36.3%), 'traditional food' (25.2%), 'suites their taste' (22.6%), 'for education' (12.8%) and 7. Comparing the most important thing for the popularization of traditional food in the world, Koreans answered 'taste and nutrition' (45%) most while 'shape and color' (6%) least. In case of Japanese, 'taste and nutrition' (75%) was answered most while 'hygienic packaging' (4%) was least. Both considered 'taste and nutrition' as most important thing for the popularization of traditional food in the world. 8. In case of Koreans, they answered they learn how to make traditional food 'from mother' (47%), 'media' (18%), 'school' (15%), 'from mother-in-law' (14%), 'private cooking school' (4%) and 'close acquaintances' (2%). In case of Japanese, they said mostly learn 'from mother', but it was also shown that the lower the academic background the lesser the tendency of learning 'from mother' but 'from school' (p<0.001). 9. About the consumption of traditional fermented food, Koreans said they make kimchi (90%), pickled vegetables (39%), soy sauce (33%), bean paste (38%), salted fishery (12%) and traditional liquors (14%) at home while 67% for salted fishery and 48% for traditional liquors answered they buy rather than making at home. On the other hand, Japanese answered they mostly buy kimchi (60%), soy sauce (96%), bean paste(91%), natto(92%), salt fermented fish foods (77%) and traditional alcoholic beverage (88%) to eat. This difference was shown very distinct between Korean and Japanese women (p<0.001). 10. About the most important thing in food, Koreans answered in the order of 'liking and satisfaction' (33%), 'for health' (32%), 'for relieve hunger' (18%) and 'convenience' (17%). In case of Japanese, it was revealed in the order of 'for health' (61%), 'liking and satisfaction' (20%), 'to relieve hunger' (16%) and 'convenience' (3%). This shows that Japanese women take comparably more importance to health than Korean women. The conception of food was shown different between Korean and Japanese women (p<0.001), and Koreans showed level 4-5 of food culture while Japanese showed level 5.

Comparative Study on the Aviation Monetary Penalty in Korea and the United States (한·미 항공 과징금 제도의 비교)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.41-74
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    • 2020
  • The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.

A Study of the Research the Right to be Forgotten from 2010 (잊힐 권리에 관한 연구동향 분석: 2010년 이후 국내 연구를 중심으로)

  • Shim, Mina
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.4
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    • pp.1073-1084
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    • 2016
  • The purpose of this study is to present the correct direction of research in related fields by analyzing the trends in the domestic study right to be forgotten. In this study, the final selection of 80 pieces of research papers in various disciplines to search for the study and were analyzed by setting the seven criteria and three research questions. Results, notice that significantly increase the amount of research around the social sciences, starting with the EU rules(draft) has been published in 2012, and around the problem navigating the Law oriented research actively done through a literature review and legal research methods can. Intensive study of the protected rights and the conflict in time towards the latter subject was also increased. The right to be forgotten when considering that big data, digital information such diverse and complex technical issues (service), which still lacks support the implementation of the rights ithil research is desperately needed to know the future with the realization that the scope and research methods. The purpose of this study is to present the research direction of the limits intended for domestic research, but realize effective right to be forgotten by future foreign comparative analysis.

A Study on the Improvement of Support System on Child·Youth Damages due to Digital Sexual Abuse based on Foreign Cases -With a Focus on the Support System of the U.S., U.K., and Australia- (해외 사례를 통해 본 국내 아동·청소년 디지털 성폭력 피해 지원 제도 개선 방안 연구 -미국, 영국, 호주 지원 제도를 중심으로-)

  • Kim, Hyejin
    • Journal of Digital Convergence
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    • v.18 no.10
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    • pp.59-80
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    • 2020
  • The purpose of this study is to analyze the current problems with the recovery methods and support systems for harm caused by digital sexual assault, based on cases in the U.S., U.K., and Australia. The significance of this study is the implications on problem solving related to digital sexual assault based on the legislation and systems of advanced foreign nations. The analytical method behind this study is the investigation of research literature. The reference materials are from judicial precedents, comparative analysis on media data, experts' advisory conferences, study forums, foreign theses, and documents on law and policy. As shown by the results of this study, we need to examine digital sexual exploitation and seek countermeasures from the victim's perspective after comparing foreign cases to determine the best protections and support systems. As digital sexual content can spread indefinitely, we certainly recognize the inherent difference between digital sexual crimes and offline sexual crimes. Thus, each case needs to be professionally categorized and an appropriate punishment must be suggested that satisfies the victims' needs. Ultimately, this study is meaningful for suggesting preventive measures against digital sexual crimes.