• Title/Summary/Keyword: Due Process Rights

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A Study on the Visibility Ratio Analysis Technique for Establishing the Cultural Property Protective Zone (문화재 보호구역 설정을 위한 가시율 분석 기법에 관한 연구)

  • Park, Eun-Hee;Kim, Tae-Han;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.2
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    • pp.108-117
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    • 2011
  • In drafting the standards on changes in current conditions, the height or the number of stories is applied in a restrictive manner by limiting to securing the distance to vertical surface for cultural properties within the influence investigation area, but this is expected to have a negative impact on the surrounding sceneries as well as results in the dwarfing phenomenon for precious cultural properties. That is, the preparation for supplementing the insufficient objectivity that is likely to take place during the process of drafting the standards on changes in current conditions. Thus the author attempts to suggest the analytic method for the decision making related to objective and reasonable determination and regulation of the changes in current conditions through computer based simulation work that considers the cultural properties and surrounding environments under investigation. In order to achieve such research objectives, the author reviewed the subject sites where the cultural property dwarfing phenomenon was expected to occur in case of the permission for the changes in current conditions or where the impact of natural landscape and natural feature on the earth is less than architectural building or artificial structure or where the new policy program is likely to be adopted due to incomplete establishment of current condition change standard within influence investigation area, among other cultural properties with architectural building or artificial structure nearby located in Cheonan city and then selected Cheonansaji Dangganjiju(flag poles) and Jiksanhyun Gwana(government office). The author then undertook the quantitative visibility analysis in order to determine the comprehensive prospect rights for the cultural properties and surrounding environments concerned.

A case study on Urban Regeneration utilizing Community Cinema from Japan: Focused on Fukaya Cinema (일본 커뮤니티 시네마를 활용한 도시재생 사례 연구 - 후카야 시네마(深谷シネマ)를 중심으로 -)

  • Park, Dong-Ho
    • Korean Association of Arts Management
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    • no.49
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    • pp.149-176
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    • 2019
  • It is a known fact that the spread of multiplexes has contributed to movie industry flourish and extending public rights for enjoying movies. However, in terms of Urban Discourse, Multiplexes centered in new downtown have given rise to Doughnut Phenomena in old downtown. It is especially regrettable that the local theaters which have been symbolic cultural spaces storing the 'memory of life' of local communities are disappearing due to a recession of business zone in old downtown. Japan has long been worked in various activities spotlighting on movie/image contents as the major means of creative urban regeneration. Among them, the 'Community Cinema' has made a contribution to regional revitalization by improving movie screening environment of the local community through renewal of local theaters and further creating related culture and industry in the local area. In this study, I focus on 'Fukaya Cinema' which started from NPO(Non-Profit Organization) and reused a closed industrial facility to a movie theater in cooperation with local TMO(Town Management Organization). Fukaya Cinema, which operates in the form of a business community, plays important roles as the core cultural facility in the local community and is regarded as a significant case showing a possibility of urban regeneration using movie/image contents. I investigate the specific founding process and activities of Fukaya Cinema and intend to derive the implications from that. Through this, I aim to provide the basic urban regeneration data utilizing movie/media contents.

Comparative Analysis of Trade-Labor Linkage in FTAs of the US and EU (미국과 EU의 FTA에 나타난 무역-노동기준 연계에 관한 비교 분석)

  • Kang, Yoo-Duk;Ko, Bo-Min
    • Korea Trade Review
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    • v.41 no.3
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    • pp.1-25
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    • 2016
  • This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

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An Analysis on Operational Conditions of Non-Profit Organizations for the North Korean Defector (북한이탈주민을 위한 비영리단체의 운영 실태분석)

  • Choi, Hee;Kim, Youngsoon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.3
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    • pp.31-41
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    • 2017
  • Through the evolutionary process of the North Korean defector support policies, this research investigates the background behind the formation of non-profit organizations for the North Korean defectors and to identify and understand the problem through their characteristics and functions. Starting from 1990, with an increase in the North Korean Defectors' population as well as the introduction of multicultural society, various environmental factors, such as the domestic socio-environmental changes, resulted an increase in number of private organizations. However, not to mention the size and functions of the organizations, some do not even have required legal organizational structures in place. Their business activities, in some cases, are irrelevant to the original purpose and objectives. Moreover, the fact that 83% of the North Korean Defectors Organizations are based in Seoul while 25.5% of the North Korean Defector residing in Seoul, inevitably make the reputation of the organizations to be illegal and dishonest due to the excessive level of competitions among the similar types of organizations. In reality, the organizations show lack of growth in the areas such as securing necessary employments to the Defectors or providing educations to the youth, who will eventually become the future leaders, in building the awareness capacity toward the unification. These results show that, in conducting their activities, the organizations must be aware of the rights and responsibilities as the constituents of the society, plus the government's practical efforts in improving these issues are also necessary.

Colombia Border Area Refugees: Centered on Venezuela, Panama, and Ecuador Border Areas (콜롬비아 국경지역 난민증가 원인: 베네수엘라, 파나마 그리고 에콰도르 접경지역 강제실향민을 중심으로)

  • Cha, Kyung-Mi
    • Journal of International Area Studies (JIAS)
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    • v.15 no.1
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    • pp.109-134
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    • 2011
  • Drug-related crime has increased in spite of visible results of Uribe government's hard-line policies on drug eradication and illegally armed organizations which were pursued under U.S. support, without the accompaniment of quantity change in drug cultivation and trade. Military disputes of left-right illegally armed communities surrounding illegal crop cultivation rights were rather intensified, and the number of refugees was increased through enforced displaced people. The 2005 refugee registration committee RUPD reports that 3,316,862 people, 7.3% of total population, were refugees. In particular, the number of refugees presented a large increase rate of 624% when compared to the past year due to enforced displaced people. Main discharge areas of enforced displaced people are connected with drug crime and activities of illegally armed organizations, and are places of increased armed disputes in the process of occupied territory expansion of illegally armed communities and militia. Undiscriminated attacks were executed on farmers in the process of occupation of illegal crop cultivation sites by illegally armed organization and militia to emit enforced displaced people, who moved to border areas by crossing national borders. Enforced displaced people were restricted to certain areas before the appearance of Uribe administration. However, enforced displaced people not only presented quantitative expansion, but also showed tendency of nationwide expansion after national security policy was pursued. With the closing of the Amazon area, previously the main route of drug trade, activity base of illegally armed organizations was moved to the Pacific region, and Panama border area experienced refugee increase due to the new policy of enforced displaced people. This study aims to understand the actual condition and cause for the increase in refugees in Colombia based on border areas of Venezuela, which is the nation of highest dispersion of Columbian refugees, Panama, which has appeared as a new destination for refugees after the 90s, and Ecuador, which has experienced sudden refugee increase in 2000.

A Case Study on Conflict Types and Management for Technology Valuation Project (기술가치평가 과제관리의 갈등관리에 관한 사례연구)

  • LEE, Yun Hee;Sohn, Young Hwan;Yoo, Myoung Kwan
    • Journal of Korea Technology Innovation Society
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    • v.21 no.1
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    • pp.130-150
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    • 2018
  • Technology valuation refers to the act, procedures, or techniques in evaluating certain technology and its value for commercialization. For this purpose, deadlines and process plans are established based on valuation goals such as technology transfer, investment and financing, investment in kind, and strategy establishment. The technology valuation process involves analyzing and evaluating technology performance, rights, marketability, and business value technology, as well as calculating the monetary value of technology modules based on the results. Analysis and evaluation of each module is performed by a team of experts having knowledge of specific technology. Valuation of technologies is conducted as independent projects by project managers (PM) who integrate and manage modules; they must have expertise in systematic performance of task support and management to ensure objectivity and reliability. Furthermore, the valuation team comprises expert stakeholders having knowledge about each module due to the nature of technology valuation. For smooth knowledge sharing in technology and valuation procedures, communication skills and roles of PMs supporting and managing the valuation are important. Primarily, PMs must resolve conflicts between evaluators participating in different tasks, evaluators and evaluatees, and technology holders and receivers. This study examines technology valuation for four conflicts occurring frequently among stakeholders providing valuation support to PMs, and seeks resolutions. The conflicts and resolutions discussed in this study may lead to more specialized roles of PMs in technology valuation and project management, as well as systemized valuation support and management plans.

Legal issues on HAI (병원감염에서의 법적쟁점)

  • Lee, Soo kyoung;Yoon, Seok chan
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.133-162
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    • 2019
  • Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

Patterns of Cash Payments for Care : Cross-National Comparative Study (장기요양 현금급여 정책의 국가간 비교 연구)

  • Seok, Jae-Eun
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.273-302
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    • 2006
  • The introduction of cash payments for care is a distinct trend that characterizes changes in care policies since the 1990s. Recently, many developed countries have newly introduced or extended cash payments for care that allow care users to be able to plan themselves for their cares instead of receiving direct care services from the state. Cash payments for care can be said to be one of the alternative policies by which user choices are extended, and it becomes possible to establish demand-cantered care delivery systems more economically and effectively, hence addressing the issue of the financial limitations and rigid systems that are common in modern welfare states, which make it difficult to response to various needs. However, the design and administration of cash for care vary across different countries. Such variations of cash for care policies influence on the combination of consumerism (based on liberal market values intrinsic in the care market) and citizenship based on social solidarity. Those variations eventually produce impacts on the balance of responsibilities and the roles of families, the state and market regarding care in other words, balancing of welfare pluralism. This paper has attempted to find general meanings and particularity of cash for care polices in modem welfare states by means of looking at the characteristics of cash for care policies of four different countries (Netherlands, France, Germany and Italy) and their impacts on their care market. If the four countries are ranked by the degree that they emphasize citizenship in light with social rights, the Netherlands, France, Germany and Italy could be placed in due order. From an economic point of view and in terms of cost containment, those countries will be placed in an inverse order, It is apparent that in the course of planting cash for care policies in the existing social systems involving different socio-cultural conditions and labour markets, sometimes more emphasis is placed on the citizenship of care users, family carers and care providers than on cost containment issue, and sometimes vice versa. Behind this lies the process of different social valuation on what care is about; who can better deliver care; who should be responsible for care; how responsibilities should be shared and so on.

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A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

A case study of blockchain-based public performance video platform establishment: Focusing on Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do (블록체인 기반 공연영상 공공 플랫폼 구축 사례 연구: 경기도 뉴미디어 예술방송국 경기아트온을 중심으로)

  • Lee, Seung Hyun
    • Journal of Service Research and Studies
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    • v.13 no.1
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    • pp.108-126
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    • 2023
  • This study explored the sustainability of a blockchain-based cultural art performance video platform through the construction of Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do. In addition, the technical limitations of video content transaction using block chain, legal and institutional issues, and the protection of personal information and intellectual property rights were reviewed. As for the research method, participatory observation methods such as in-depth interviews with developers and operators and participation in meetings were conducted. The researcher participated in and observed the entire development process, including designing and developing blockchain nodes, smart contracts, APIs, UI/UX, and testing interworking between blockchain and content distribution services. Research Question 1: The results of the study on 'Which technology model is suitable for a blockchain-based performance video content distribution public platform?' are as follows. 1) The blockchain type suitable for the public platform for distribution of art performance video contents based on the blockchain is the private type that can be intervened only when the blockchain manager directly invites it. 2) In public platforms such as Gyeonggi ArtOn, among the copyright management model, which is an art based on NFT issuance, and the BC token and cloud-based content distribution model, the model that provides content to external demand organizations through API and uses K-token for fee settlement is suitable. 3) For public platform initial services such as Gyeonggi ArtOn, a closed blockchain that provides services only to users who have been granted the right to use content is suitable. Research question 2: What legal and institutional problems should be reviewed when operating a blockchain-based performance video distribution public platform? The results of the study are as follows. 1) Blockchain-based smart contracts have a party eligibility problem due to the nature of blockchain technology in which the identities of transaction parties may not be revealed. 2) When a security incident occurs in the block chain, it is difficult to recover the loss because it is unclear how to compensate or remedy the user's loss. 3) The concept of default cannot be applied to smart contracts, and even if the obligations under the smart contract have already been fulfilled, the possibility of incomplete performance must be reviewed.