• Title/Summary/Keyword: Illegal Violation

Search Result 36, Processing Time 0.026 seconds

Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
    • /
    • v.7 no.12
    • /
    • pp.105-113
    • /
    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

A Study of the Administrative Tribunal Cases about Violation of Law of Housing Projects (주거건축과 관련된 건축위법행위 행정심판판례 연구)

  • 김진욱;성기용
    • Journal of the Korean housing association
    • /
    • v.14 no.6
    • /
    • pp.33-40
    • /
    • 2003
  • The purpose of this study was to analyze the architect's Administrative Tribunal cases related to housing projects. We collected the 271 decisions of Administrative Tribunal cases from 1985 to 2001 through the Ministry of Legislation data base. As a conclusion of research, most of cases are caused during design process and supervision of construction which are major roles of architects. We can find out that the number of cases of Administrative Tribunal about housing is 10% more than other types of building. And this situation is more serious in supervision building phase. It proves that housing project has more possibility of violation of law than other types. Because it belong to an economic problems. In Korea, clients of housing project tend to take more profits by taking an illegal acts; like enlargement of a building, construction border violation. illegal construction balcony and so on. And architect who roles to be a supervisor is liable to these problems but he has not much authority and economical benefits. Through this research we can analyze this situation and make know what is problem.

Smart Phone Copyright Violation and Forensic Apply Method (Smart Phone 저작권 위반과 포렌식 적용 방안)

  • Yi, Jeong-Hoon;Park, Dea-Woo
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
    • /
    • 2010.10a
    • /
    • pp.215-218
    • /
    • 2010
  • Smart Phone with domestic demand increasing rapidly, the utilization of multimedia services have become diverse. Accordingly, Smart Phone users to hack their Jail Breaking and Rooting and illegal use of the multimedia content is copyrighted. Also relevant to mobile communication terminal as a high crime, create, and the digital evidence increases the utilization of the mobile forensic evidence is required to study. In this paper, Smart Phone Copyright Violation and Forensic Apply Method research. Smart Phone Status and related violations of copyright infringement, broadcasting, film, music, e-book, etc. for each survey item, and how to apply for forensics were studied. This study investigated the development and forensic science will be able to contribute to the development.

  • PDF

Liability for Damage due to Doctors' Unfaithful Medical Practice (의사의 불성실한 진료행위로 인한 손해배상책임)

  • Jeon, Byeon-Nam
    • The Korean Society of Law and Medicine
    • /
    • v.15 no.2
    • /
    • pp.317-343
    • /
    • 2014
  • In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor's negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people's general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient's benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors' discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors' right to treatment is needed.

  • PDF

A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
    • /
    • v.9 no.5
    • /
    • pp.11-20
    • /
    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

Analysis of Non-compliance of Food Utensils, Containers, and Packages in Foreign Countries During 2011-2019 (2011-2019년 식품용 기구 및 용기·포장의 제외국 부적합 정보 분석)

  • Cho, Seung Yong;Lee, Ye Yeon;Cho, Sanggoo
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
    • /
    • v.27 no.3
    • /
    • pp.141-147
    • /
    • 2021
  • The foreign trends of noncompliance occurring frequently in food contact materials during the period of 2011-2019 was investigated by analyzing the food safety risk information DB in the National Food Safety Information Service (NFSI). A total of 2,042 cases of noncompliance of food utensils, containers, and packages were classified into 5 violation categories; administrative procedures, manufacturing and processing standards, residues and migration standards, labeling and advertising, and quality standards. This was again subcategorized according to non-compliance causative factors. The non-compliances in residues and migration standards comprised the largest proportion (76.4%) of the violative categories. The number of noncompliance information collected in 2011 was 88 cases and increased to 373 cases in 2019. A 72.8% of the non-compliance case was identified to be products of 4 countries (China 64.2%, Germany 4.0%, Japan 3.2%, and Taiwan 3.1%), those produce large quantities of containers and packaging products. During the period of 2011-2019, the number of illegal use of hazardous materials and illegal recycling of waste synthetic resins has decreased to less than one a year since 2014. On the other hand, after 2016, inconsistency of heat-resisting temperature labeling (Taiwan), non-compliance in paper container's strength standards, violation of printing standards, and the risk of consumer injury while using the products were newly reported due to the strengthening of consumer safety protection regulations. Migration of hazardous substances in synthetic polymer products such as heavy metals, melamine and formaldehyde in melamine tableware, primary aromatic amines which are colorant components in kitchenware such as ladles and spatulas, and phthalate plasticizers have been continuously reported with high frequency.

A Survey on the Violation Cases at School Environment Sanitation and Purification Zones (서울특별시 소재 초등학교의 학교환경위생정화구역 위반사례 실태조사 연구)

  • Kim, Eun-Joo
    • The Journal of Korean Society for School & Community Health Education
    • /
    • v.8 no.1
    • /
    • pp.29-42
    • /
    • 2007
  • In actuality, as most of harmful businesses running at school environment hygiene purification zones are stationeries with game rooms, comic book stores, PC rooms, etc., which are highly accessible to students, they become serious problems in school environment. The present study conducted a survey of violation cases at school environment sanitation and purification zones around 21 elementary schools in Seoul. The objectives of this study are, first, to investigate harmful environment around schools regulated by the School Health Act, and second, to suggest plans to improve harmful environment around schools. According to the results of our survey, illegal acts and facilities observed at school environment sanitation and purification zones are as follows. Amusement pubs/room saloons occupied 52.5%, singing rooms 15.4%, game rooms 15.1%, billiard clubs 4.3%, gambling houses 4.3%, hotels/motels/inns 3.6%, cartoon shops 2.6%, video rooms 1.0%, LPG storages 0.7%, and infectious disease hospitals/detention hospitals/detention facilities 0.7%. As it is required to make continuous and systematic surveys and researches on the environmental hygiene around schools, we need to manage school environment efficiently through cooperation among the government, education offices and individual schools.

  • PDF

An Analysis on the Distribution Structure of Internet Knowledge Exchange Markets (인터넷 지식거래소의 지식정보유통 실태분석)

  • Noh, Young-Hee
    • Journal of Korean Library and Information Science Society
    • /
    • v.38 no.1
    • /
    • pp.135-156
    • /
    • 2007
  • This paper aims to analyze distribution structure of commercial Internet knowledge exchange markets. To that end, it has four specific study goals. First, define the type and volume of information available at the Internet knowledge exchange market as well as that of market users. Second, analyze distribution structure of the Internet knowledge exchange market. Third, identify current issues regarding infringement of intellectual property rights and conduct a survey to understand current standing of Internet knowledge exchange markets' IPR violation. Forth, assess application of Digital Rights Management(DRM) to Internet knowledge exchange markets and DRM's role in controlling unauthorized copying and illegal uses.

  • PDF

Analysis on Pedestrian Crossing Illegal Behavior on Exclusive Median Bus Corridor: A Cace Study of Express Bus Terminal Station (중앙버스전용차로 횡단보도 보행 위반행태 분석: 고속버스터미널역 사례 분석)

  • Lee, Dong-Il;Kim, Jin Tae;Kim, Jun-Yong;Bae, Hyun-Sik
    • Journal of Korean Society of Transportation
    • /
    • v.33 no.2
    • /
    • pp.136-144
    • /
    • 2015
  • It has reported that a median bus-stop island on an exclusive median bus corridor has shortened a unit crossing distance, encouraged a pedestrian's illegal jay walking, and thus increased the number of accidents in the area. Therefore, this study plans to analyze the various crossing patterns of pedestrians at exclusive median bus corridors. This study analyzes 30,184 pedestrian crossing data which are collected from the median bus-stops, 'Express Bus Terminal,' and reveals that the rate of spatial jaywalking was 37.8%. This rate is 11.1 times higher than the rate of traffic signal violation. Therefore, this study suggests that more research needs to be done to provide a traffic safety facilities for protecting spatial crossing pedestrians and preventing jaywalking and traffic signal violation.

Worsening Tension Between the United States and China in the South China Sea, A Sign of 'Thucydides Trap'? (미(美) Lassen 함(艦)의 남중국해(南中國海) 기동(機動)은 '투키디데스 함정'의 전조(前兆)?)

  • Yang, Jeong-Sung
    • Strategy21
    • /
    • s.38
    • /
    • pp.287-320
    • /
    • 2015
  • On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.