• 제목/요약/키워드: IT Law

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의료 개념의 다층적 이해와 법 (Understanding Medicine as a Multi-dimensional Concept in the Legal Context)

  • 김나경
    • 의료법학
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    • 제11권2호
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    • pp.75-112
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    • 2010
  • This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

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THE GOVERNANCE OF RETIREMENT FUNDS IN MEMBERS RIGHTS AND TRUSTEES DUTIES IN SOUTH AFRICA: A LESSON LEARNT FROM USA, UK AND MALAWI

  • Nevondwe, Lufuno;Odeku, Kola;Matotoka, Mothlatlego
    • 동아시아경상학회지
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    • 제1권3호
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    • pp.55-70
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    • 2013
  • Purpose: The article looks at the member' rights and trustees duties and determines where should the emphasis be as it often happens that these two aspects often clash. Research Design, Data and Methodology: It is determined in this article whether the trustees owe fiduciary duties to both the fund and members and further determines whether the trustees should advance the interests of the members. Results: The article further looks at the governance of the retirement funds and argues that the proper governance of these funds protects the interest of the members. The duty to disclosure of information to members is of paramount importance to ensure that members are able to make well informed decisions. Conclusion: The article considers the issues of disclosure of information from other countries, United Kingdom, United States and Malawi. It is argued in this article that trustees must be persons who are trustworthy and have the best interest of the members at heart and must therefore familiarize themselves with the laws that regulate their duties.

영국 2015년 보험법의 해상보험 담보특약 제도에 대한 연구 -한국과 중국의 판례를 중심으로- (A Case Study on the Warranty in Marine Insurance under the Insurance Act 2015 in the UK -The Case of Korea and China-)

  • 안태건;김성룡;이승은
    • 무역학회지
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    • 제45권3호
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    • pp.133-146
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    • 2020
  • In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

중국(中國) 대외무역법(對外貿易法)의 개정(改定)에 관한 소고(小考) (A Study on the China's revised foreign Trade Law)

  • 조종주
    • 무역상무연구
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    • 제27권
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    • pp.215-232
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    • 2005
  • China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

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예제를 통해 본 학부 기계공학 교육에서 열역학 법칙의 소개 순서에 대한 논평 (A Comment on Presentation Order of Thermodynamic Laws for Undergraduate Mechanical-Engineering Education by Example Problems)

  • 박경근
    • 공학교육연구
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    • 제21권2호
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    • pp.3-6
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    • 2018
  • A few thermodynamics texts are commonly found to have unrealistic example problems in which the process violates the second law of thermodynamics. This error would result from presentation order in the text which introduces first the first law for cycles, systems, and control volumes and then the second law later. In the presentation order, the example problems deal only with the first law without telling whether the process violates the second law. To correct this erroneous situation, it could be recommended to present the first law and the second law successively so that both laws could be applied simultaneously to the given example problems.

법의 지배와 한국정치학의 빈 구멍 (The Lack of Judicial Politics and Challenge of Democracy in Korea)

  • Kang, Miongsei
    • 분석과 대안
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    • 제1권1호
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    • pp.3-16
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    • 2017
  • This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

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u-City 서비스 구축 및 운영을 위한 법제도 개선에 관한 연구 (A Study on the Improvement of the Raw and Institution for Construction and Operation of u-City Service)

  • 박순형
    • 한국IT서비스학회:학술대회논문집
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    • 한국IT서비스학회 2009년도 춘계학술대회
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    • pp.449-452
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    • 2009
  • The vision of u-City is an implementation of ubiquitous environments that makes anybody to be able to access the source of information and knowledge in anywhere and anytime with any methods. It is necessary to study the law and institution of u-City about a role of the government and local governments to have a new growth power. We need to improve the related law and institution with standardization of u-City service to regulate and coordinate diversity of main organ and business area. In this paper, we select service modes to consider the priority order of service and suggest a reform measure of law and institution classified by service models

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화학플랜트에서 철골구조물 내화기준의 합리적인 개선에 관한 연구 (A Study on Reasonable Improvement of Legal Requirement for Fire Proofing for Steel Structures in a Chemical Plant)

  • 황순용;차순철;강경식
    • 대한안전경영과학회지
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    • 제9권1호
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    • pp.51-63
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    • 2007
  • It is noted that the disaster such as fire, explosion, collapse has been rapidly increased caused by strength deterioration of steel structures at petrochemical plant during fire. In this regard, it is stressed out that the legal requirement for fire proofing for steel structures at petrochemical plant should be carefully reviewed since the current legal requirement such as Industrial Safety & Health Law, Architectural Law has a conflict and different way of approach. In addition, it is our point of view that the present law should be revised to consolidate into single law including engineering design criteria to reflect unreasonable legal requirement. It is further our point of view that the performance certificate for fire proofing like UL-1709, basis of maintenance should be appropriately and reasonably provided in line with global practice.

패션디자인의 저작권법상 보호 가능성에 대한 고찰 - 저작물의 성립요건과 보호대상 저작물의 유형 검토를 중심으로 - (A Study of the Possibility of Legal Protection of Fashion Designs under the Copyright Law - Based on the Review of the Requisites of Works of Authorship and their types -)

  • 조경숙
    • 복식
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    • 제64권1호
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    • pp.123-135
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    • 2014
  • The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

PL 대응체계 구축 방안 (Building of PSMS in corporate of ISO 9000 certification)

  • 박재흥;황희;문재승
    • 품질경영학회지
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    • 제31권3호
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    • pp.19-36
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    • 2003
  • The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.