• Title/Summary/Keyword: Information Grounds

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Free Speech and the Void for Vagueness Doctrine: A Comparative Analysis of Free Speech Cases in the Korea Consitutional Court and the United States Supreme Court (표현의 자유와 "명확성 원칙": 한국 헌법재판소와 미국 연방대법원의 판례 비교연구)

  • Chang, Ho-Soon
    • Korean journal of communication and information
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    • v.55
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    • pp.5-32
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    • 2011
  • This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

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A Study on the Current Status and Policy Direction of Open Banking (오픈뱅킹(Open Banking)의 현황과 정책방향에 관한 연구)

  • Park, Jeongkuk;Kim, Injai
    • Journal of Service Research and Studies
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    • v.10 no.1
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    • pp.17-31
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    • 2020
  • Open banking, the global trend of the financial industry, is the driving force behind various innovations in the financial market in the future. The right policy direction and detailed tasks are important for triggering the differentiation and reunion of the financial industry. The purpose of this study is to investigate and analyze the background of open banking, domestic and international trends, and Korea's open banking policy. The policy directions and tasks for successful settlement and activation of open banking system are carefully suggested. Open banking is a policy to allow third party provider(TPP) access to bank accounts and open payment functions under the explicit consent of the customer. The opening of the open banking era is expected to begin competition and cooperation between banks and fintech companies in earnest, thus enhancing the competitiveness of the financial industry and contributing to the utility of financial consumers. To this end, policymakers should make every effort to advance open-ended financial settlement infrastructure, open banking legal grounds, and minimize side effects such as customer data leakage and poor financial system stability. Banks and fintech companies will need to focus on scattered customer financial information on a single platform and develop it into a convergence and discrimination of true financial services.

A Study on the Improvement of Evaluation System for Implementation of National Forest Management (국유림경영계획 실행평가 제도 개선방안에 관한 연구)

  • Kim, Damin;Lim, Chul-Hee;Lee, Woo-Kyun;Song, Cholho
    • Journal of Korean Society of Forest Science
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    • v.104 no.4
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    • pp.640-648
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    • 2015
  • National forests have been assumed to do a leading role in carbon sequestration and creating forest resources since society demanded it due to climate change. Therefore, it is needed to check whether a national forest management plan and its evaluation are implemented effectively. As an effective planning and management is to be ensured on the basis of proper evaluation system, this research suggests to improve the evaluation system by analyzing it theoretically. Improvements for national forest management plan and its evaluation are as follows: (1) adjusting evaluation goal and time; (2) giving weighting to each work when planning; (3) writing details of change in planning and its grounds; (4) using the national forest management information systems to integrate these evaluation methods and result. Since to predict future changes in forests and achieve sustainable forest management begins at the reliable evaluation for overall process of the implemented project, the significance of this study is in proposing the improvement of evaluation system for national forest.

Study on the Standardization of Management Form through Integrated Management of CCTV (CCTV 통합관리를 위한 관리대장 표준화 연구)

  • PARK, Jeong-Woo;LEE, Seong-Ho;NAM, Kwang-Woo
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.2
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    • pp.63-72
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    • 2016
  • Closed-circuit television(CCTV) is a facility that forms the backbone of the ubiquitous services provided by the Integrated Management Center of the Ministry of Land, Infrastructure and Transport and the Integrated Control Center of the Ministry of the Interior. However, it is installed and managed according to different laws, as it is operated and managed by each department. Moreover, because there are no regulatory grounds for unified management of CCTV, each municipality responsible for the actual management manages it based on the individual standards of each department. Thus, the purpose of this study is to develop a standardized management form to establish an integrated management plan. The author inspected the existing situation by examining the legal system and public data and through hands-on worker interviews, and discovered the managed element by reviewing the specifications of the bidding system. The management form for integrated management comprises the above requirements along with the management histories and linkage of intelligent facilities. A uniform management form for integrated management containing specifications of the CCTVs installed by various departments is created, and is easily searched for facilities to check requirements for joint use. The result of this study can contribute to building the database of facility management system for integrated management of facilities at the integrated management center as well as for a detailed simulation of the selection of location of CCTV depending on the CCTV's specifications.

Implement module system for detection sudden unintended acceleration (자동차급발진을 감지하기 위한 모듈 시스템 구현)

  • Cha, Jea-Hui;Jang, Jong-Wook
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2017.05a
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    • pp.255-257
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    • 2017
  • These days automotive markets are launching models that include a variety of IT technologies. Tesla's Tesla model S and Google's unmanned automobiles are emerging one after another. This type of automobile with IT technology provides various convenience to the driver and the driver is getting benefit by various conveience services. on the contrary, it is also true that defects for errors in electronic components cause accidents that threaten the safety of drivers. There is a sudden unintended acceleration among these accidents. The cause of the accident is not clear yet, but the claim that the ECU device caused by the magnetic field causes accident of the car due is the most reliable. But, in Korea, when occur a car sudden unintended acceleration accident, the char maker often claims that an accident occurred due to driver's pedal malfunction. Also most drivers are responsible for the lack of grounds to refute. In this paper, the pedal operation image of the driver is acquired and the sensor is attached to the control part such as the excel and brake so as to discriminate whether the vehicle sudden unintended acceleration accident is the driver's pedal operation error or the fault of. i have implemented a system that can do this.

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Evaluating the perception of logistic firms and shipper on the relationship between contract term and service performance in logistics outsourcing service (물류아웃소싱 서비스에서 계약서 조항과 성과 간 관계에 대한 물류기업과 화주기업의 인식 비교 분석)

  • Kim, Jin-Su
    • International Commerce and Information Review
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    • v.18 no.1
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    • pp.151-178
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    • 2016
  • This study is based on precedent research on contract fairness to prevent irrational contract practices and enable long term mutual interests between logistic firms and shipper. Actual unjust contract examples were identified in order to help create this positive partnership. An analysis on the difference of perspective proved that while the logistics companies believed on the positive effects of the presence of additional expense clauses & potential risk clauses, the very same companies believed that the concretization of procedural & distributional equitability clauses will cause positive effects on the partnership between the logistics companies and the shipper. On the other hand, concretizationof the expense clauses brings about a negative effect for the shipper company. Also, the perspective of a logistics company appears that such results were identical to the empirical study which had a positiveeffect. However, the shipping company had a negative and a rather opposite point of view. These researches prove that there should be an alteration in perception for the shipper company. It is believed that the comparison of the results of this research and the leading researches may provide grounds for thought-provoking suggestions that must be concretized and also for those in need for further settlement for drafting the standardized logistics contract and its logistics.

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The Myth of Youthism (청소년주의와 세대 신화)

  • Won, Yong-Jin;Lee, Dong-Yeon;Nho, Myung-Woo
    • Korean journal of communication and information
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    • v.36
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    • pp.324-347
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    • 2006
  • `Youthism` is pushing the youth research field into a trap of binarism fallacy. It tends to divide the whole population into the young and the old, and further gives an acceleration toward moving the division into the discursive realm of generation gap. The discursive transference is not taking place without any reasonable grounds. The series of discourse is based on two significant phenomena: changes in media background and longer schooling than ever before. Media environment overriding youth culture binds the young in a group and makes them enjoy homogeneous cultural genres. And schooling also seems to play an important role for the youth to have same cultural menus regardless of region, social strata, cultural background. But we need to recognize that after getting into the adulthood, they are not existing in the form of alliance. The youth are not in a homogeneous group. Neither are their culture. The youth are consisted of a variety of groups along such variables as gender, class of their parents. They tend to make distinction not only from the older generation but from the other peer groups. Unless avoiding the trap of youthism, we are blamed for closing eyes to the youth's desire to be distinctive among themselves. Youthism seems to be an active myth even in our academic society.

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Study on Applicability of Slope Types to Permission Standard for Forestland Use Conversion (산지의 사면유형을 고려한 산지전용허가기준에 관한 연구)

  • CHOI, Jung-Sun;KWAK, Doo-Ahn;KWON, Soon-Duck;BAEK, Seung-A
    • Journal of the Korean Association of Geographic Information Studies
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    • v.21 no.4
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    • pp.145-157
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    • 2018
  • Mountainous areas are 64% in Korea and are allowed to be used by the permission standards of the "Mountainous Districts Management Act". In the act, slope and elevation criteria are defined to regulate the use of vulnerable land parcels to disaster. However, the standards cannot represent topographical variation in a land parcel such as terrain relief. Therefore, the applicability of slope type standard as a permission standard was tested using Catena in this study. Based on the theoretical grounds, two slope types were analyzed as 'risky slope' with disaster risk. The slope types of landslides in Namwon City were analyzed that 'risky slope' types were distributed about 57%. This study analyzed the forestland parcels that could be used when applying the current permission standards and the parcels that were already used in Namwon City. The ratio of the 'risky slope' in the parcels was more than 50%. Therefore, it is necessary to prevent the mountain development in 'risky slope' by establishing permission standard related to slope types. In addition, this study suggested the ratio of 'risky slope' in the parcel for the permission standard for forestland use conversion.

Legal review of public officials' leave of absence for law school enrollment training

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.189-197
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    • 2022
  • It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

Searching for Laws and Systems to Revitalize Private Archives (민간 아카이브 활성화를 위한 법·제도 모색)

  • Sohn, Dong You
    • The Korean Journal of Archival Studies
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    • no.69
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    • pp.7-33
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    • 2021
  • From the beginning of the enactment and implementation of the Public Records Management Act, there has been a steady discussion on the establishment of local archives. Local archives include not only administrative records of local governments, but also private archives such as containing the lives of residents. Along with the academic discussion, there have been movements for local autonomy and decentralization. Currently, interest and discussion on private archiving are in the historical flow. In addition, private archiving has become a social concern because of the establishment of systems such as the Public Records Management Act and the Information Disclosure Act, the establishment of a digital environment, and the spread of the meaning and value of village community activities. There are several government agencies related to private archiving, and the grounds for performing their work are different, and there are many central administrative agencies to which they belong. Therefore, I propose that the National Archives take the lead and form a 'Consortium of Private archives Management Institutions'. The organization should promote first, cooperation of collection information and archives, second, coordination of tasks and functions between institutions, and third, establishment of a nationwide private archives management system. Now is our chance. Instead of reacting on an ad hoc basis, respond systematically with a long-term perspective.