• Title/Summary/Keyword: Illegal Act

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A study on the problems and solutions of the illegal charges transportation act by using a private truck (자가용화물차량의 불법유상운송 행위에 따른 문제점과 개선방안)

  • Lee, Seok-Hyeon;Kim, Jeong-Hyeon;Jeong, Jae-Jeong;Lee, Gye-Jeong;Jo, Gwang-Hui;Seong, Haeng-Gi;Hwang, Dae-Seong
    • Proceedings of the Safety Management and Science Conference
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    • 2011.11a
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    • pp.449-455
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    • 2011
  • Illegal transportation act using a private truck cases indigested freight market. Moreover it incurs social and economic damage. There are some remedy for this problem that is reintroducing suspension of the service law, creating the law to punish client who have the goods which is delivered and improving transportation environment.

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A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels (불법조업 중국어선에 대한 해양경찰의 단속에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.49-58
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    • 2014
  • The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

A study on the Improvement Method of the Report and Reward System on an Illegal Behavior of the Emergency Exit (비상구 불법행위 신고포상제도의 개선방안에 관한 연구)

  • Kim, Myeong Sik;Lee, Tae Shik;Cho, Won Cheol
    • Journal of Korean Society of Disaster and Security
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    • v.5 no.2
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    • pp.49-59
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    • 2012
  • The safety management of the emergency exit, by directly related to the $civil^{\circ}$Øs dead in the fire situation, have limited by which the fire station take the on-side and control-centered way of business processing, it is expect to the effects in which the citizen have to concern and to take part. From 2010 years in the back-ground, it is operated nationally the report and reward system on an illegal behavior of the emergency exit, it is happened to the unfit operating situation in the mission and direction of the system up which the exit paparazzi act with intent to receive the reward payments. The study suggests solution through analyzing the illegal emergency exit operation result of sixteen counties and the Seoul metropolitan from year 2010 to 2011. Firstly, the report destination is adjusted to the multiple use establishments and the large-scale multiple use facilities over the limit level is limited under five times the report events of the same people in the minor endorsement. And the fine incomes should be invested to the disaster prevention acting related with the exit. Secondly, for upgrade of the report accuracy, a reporter is received the possible information for the confirmation of an illegal act, has become to lead the pre-monitoring act which the reporter is can to take the safety education and to guide the information about season and vulnerable business location. Finally, considering the support way about the encounter facility, the fire officer is not happen to occur the repetitive report in the same place, is related to the volunteer service system the report acts, consider as the volunteer service time, and must support them to act as the disaster prevention volunteer.

Criminal liability of Internet Service Provider who leave illegal positing to take its own course (인터넷불법게시물을 방임하는 인터넷서비스제공자의 형사책임)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.8
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    • pp.163-170
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    • 2012
  • Nowadays Internet is the greatest and most participating media of prompting expression with 37 million users in Korea. Internet enables collective communications between social members and contributes to form sound public opinions and to develop democracy while it has negative aspect to distribute massively crime by illegal posting which is forbidden by the Criminal Act. Criminal actors who involve to diffuse information on Internet consist of three categories of information provider, user and internet service provider. Illegal posting generated on Internet is originated from IP and the criminal regulation on it is useless and meaningless because of its countless of users and ambiguous boundary with liberty for expression. Accordingly, the only criminal policy means to prevent danger by illegal posting on Internet is to regulate ISP which saves illegal posting and mediates contacts among users. In spite of it, legislation to regulate ISP is unprepared. The prudent legislative review should be done. And it should be accordance with the doctrines of propriety and vagueness of the principle of "nulla poena sine lege".

The Legal Study of Prohibited Items on Aeroplane for the Aircraft Safety and Security (항공안전보장.질서유지를 위한 항공기반입금지 물품 관리.감독에 관한 입법적 개선방안)

  • Chang, In-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.33-66
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    • 2014
  • While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

Design and analysis of monitoring system for illegal overseas direct purchase based on C2C (C2C에 기반으로 해외직구 불법거래에 관한 모니터링 시스템 설계 및 분석)

  • Shin, Yong-Hun;Kim, Jeong-Ho
    • Journal of Digital Convergence
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    • v.20 no.5
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    • pp.609-615
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    • 2022
  • In this paper, we propose a monitoring system for illegal overseas direct purchase based on C2C transaction between individuals. The Customs Act stipulates that direct purchases from overseas are exempted from taxation only if they are less than a certain amount (US$150, but US$200 in the US) or are recognized as self-used goods. The act of reselling overseas direct purchase items purchased with exemption from taxation online, etc., is a crime of smuggling without a report. Nevertheless, the number of re-sells on online second-hand websites is increasing, and it is becoming a controversial social issue of continuous violation of the Customs Act. Therefore, this study collects unspecified transaction details related to overseas direct purchase, refines the data in a big data method, and designs it as a monitoring system through natural language processing, etc. analyzed. It will be possible to use it to crack down on illegal transactions of overseas direct purchase goods.

The Police Responsibility about Illegal Information on the Information Communication Network (정보통신망상의 불법정보에 대한 경찰책임)

  • Gu, Hyung-Keun;Joung, Soon-Hyoung
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.87-94
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    • 2013
  • The existing legal regulations that indiscriminately distributed various illegal information on the information network are discussing focused on civil liability and criminal liability. however, at this paper that approached with problem of police responsibility as a target of the exert of police authority for blocking illegal information on the information network. based on this recognition, this paper propose the problem and reformation about the present Information Communication Networks law's 7 of Article 44, Section 2 that for prompt blocking illegal information on the information network, not about direct regulatory approach to a person in charge of act but about the information network service provider which is a person in charge of condition.

The necessity of ban on opening and operating the multiple medical institutions in medical law in Dental case (의료법에서의 의료기관 이중개설 금지조항의 필요성에 대한 치과 사례연구)

  • Ju, Jin-han;Lee, Ga-yeong;Jung, Ku-chan;Lee, Jae-yong;Min, Gyeong-ho
    • The Journal of the Korean dental association
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    • v.57 no.9
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    • pp.514-522
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    • 2019
  • In accordance with Article 33(8) of the Korean Medical Law, it is stated that a medical person cannot open or operate a medical institution by borrowing the name of another medical person. However, the publicity of medical care is threatened by the recent illegal network dental clinics. The purpose of this study is to investigate the actual condition of illegal network dentistry and to analyze the cases and to find out the reason why the prohibition of double opening & operating of medical institution. As a result, the illegal network dental clinics treated less health care insurance treatment such as dental caries and periodontal treatment than general dental hospitals. In contrast, the rate of implementation of illegal network dentistry was high in endodontics treatment and extraction, which could lead to uninsured treatments such as crowns and implants. As a result of Supreme Court precedent analysis, it is concluded that illegal act is not only the opening of a medical institution by borrowing the name of other medical personnel, but also the duplicated operation which has the authority to make decision about management matters of medical institutions. The results of the patient's case survey also showed that excessive dental treatment due to such as dental staff incentive system. In conclusion, the illegal network dental clinics not only threatens the oral health of the public, but also causes leakage of health insurance premiums. In other words, the ban on opening and operating the multiple medical institution should be strictly applied as a strong protection device for protecting the patient in dental case.

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Design and Implementation of Firewall Log Monitoring System Using XML (XML을 이용한 침입차단 로그 모니터링 시스템 설계 및 구현)

  • 김석훈;손우용;송정길
    • Convergence Security Journal
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    • v.4 no.2
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    • pp.9-15
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    • 2004
  • The Internet is aggregate of trustless networks essentially Because the Internet is very difficult to control flowing of information, taking advantage of enough sporadic resource, security problem that can protect internal important stock from the Internet is risen seriously. Recently, virus accident and generation rate about system intrusion that happen become much higher and various than past. On these time, is progressing researcher for invasion cutout to keep away illegal act vigorouslyand do continuous development. In this paper, reporting administrator log information about invader's illegal act depending on XML format form, and I wished to solve problem that happen in administration side developing invasion interception system that can control to remote.

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