• Title/Summary/Keyword: Korean Law

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A Direction for Convergence Law in the Era of Digital Convergence (디지털 융합 환경에서 방송통신 통합법 체계의 방향)

  • Lee, Sang-Woo
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.35 no.3B
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    • pp.536-550
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    • 2010
  • This study analyzes the characteristics of broadcasting law and telecommunication law and suggested the key legitimate of regulation where convergence law would go for in the convergence circumstances by drawing the common and differential characteristics of two laws. Moreover, in the value of inherent pursuit of broadcasting law and telecommunication law, this paper examined whether these values continued to be reflected in the convergence law, and indicated the direction how these values should adopt in the convergence law. The result of this study shows that strong entry regulation has applied to both broadcasting and telecommunications industry. Also, both industries have been required to be universal service to realize the value. Meanwhile, the pursuit of original value of broadcasting law and telecommunication law can be summarized as secure of access and diversity, respectively. In the convergence law, it is necessary to compensate and modify the meaning of access and diversity based on traditional regulation.

A Study on the Legal Consciousness of Female University Students through Information Analysis

  • Park, Jong-Ryeol;Jeon, Myung-Gil
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.5
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    • pp.111-118
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    • 2017
  • The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.

A Study on the Interim Measures by Arbitral Tribunal in International Commercial Arbitration -Focus on the Korean Revised Arbitration Law and UNCITRAL Model Law - (국제상사중재에서 중재판정부에 의한 임시적 처분에 관한 고찰 -우리나라 개정 중재법과 UNCITRAL 모델중재법을 중심으로-)

  • YU, Byoung-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.21-47
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    • 2017
  • Interim measures by an arbitral tribunal aim to protect the parties' rights before or during arbitral proceedings for avoiding frustration of the final award in international commercial disputes. Even though decisions of the interim measure are expected to be performed by parties directly during the arbitral processing, it is not easy to be provided by the arbitral tribunals cause of lack the power to enforce their decisions directly against the parties. Particular court supports mechanism for enforcement directly to assistance to arbitral tribunal's decisions. Decisions on interim measures are provisional. Even though the arbitration is ongoing to request interim measure directly to the arbitral tribunal, relevant courts are able to ensure effective relief cause by the difficulty of limited rights of the arbitral tribunal. In this time both revised Korean Arbitration Act in 2016 and UNCITRAL 2006 revised Model Law are complemented to attach articles for recognition and enforcement of interim measures by arbitral tribunal during the arbitration processing. It could be possible to enforcement of decisions of interim measures by arbitral tribunal on the revised arbitration law. In this paper it is considered the problems and alternatives on related applicable articles and articles of recognition and enforcement for the interim measures by arbitral tribunal under the revised UNCITRAL Model law and Korean Arbitration Act.

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A study of Relationships Mother-in-low and Danghter-in-Law As Portrayed in Korean Folk Song (한국민요에 나타난 고부관계 연구)

  • 김태현
    • Journal of Families and Better Life
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    • v.15 no.4
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    • pp.55-64
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    • 1997
  • This study is a thesis of the relationship between mother-in-law and daughter-in-law in a family based on the Korean family system. This is done by analysing how the traditional social system and the style of living are reflected in korean folk songs. This I believe is a necessity in order to understand the emotions and ideas of the word 'family' of Korea and to improve the state of the relations between mother-in-law and her daughter-in-law. I have divided this into 4 essential study points. First the family system illustrated in korean folk songs are mainly father centered family system. It caused a male-oriented society and women's subordination. Second, the relationship between mother-in-law and her daughter-in-law illustrated in folk songs are mostly vertical subordinate. This is easily described as a lord and servant relationship. Third the state of relationship reflected in the folk songs from a daughter-in-law's point of view is obedience to her husband's family nostal ia to her family desperation and opposition. Lastly the state of relationship from mother in law's point of view are discord cruel treatment the rule and power which herself carry.

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Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.47-79
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    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

Law and Statistics: Education, Applications and Research (법(法)과 통계학: 교육, 응용 및 연구)

  • Huh, Myung-Hoe
    • The Korean Journal of Applied Statistics
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    • v.23 no.4
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    • pp.725-738
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    • 2010
  • As an effort to reform legal system of Korea, the law school system is introduced in March 2009. Thus the law culture of Korea is expected to change drastically for diversification, specialization and globalization. With such social trend as background, the author writes on the pre-law and law school courses "Law and Statistics" which were offered at Korea University. Also, he reviews two legal cases and summarizes two research results: DNA database controversies and a sentence standardization model.

A Study on the Education of Specialized Law Librarian (법률전문사서의 양성에 관한 연구)

  • 홍명자
    • Journal of Korean Library and Information Science Society
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    • v.32 no.3
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    • pp.249-274
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    • 2001
  • This study outlined the meaning, roles, and competencies required for specialized law librarian; examined the American educational system in law librarianship and analyzed the situation of American Schools of Library and Information Studies for the education of specialized law librarian; and recommended the special law librarianship program under the Department of Library and Information Science in the Graduate School.

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Construction of Contract and Application of Law (계약의 반석과 법의 적용)

  • 김철수
    • Journal of the Korean Institute of Navigation
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    • v.17 no.2
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    • pp.107-119
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    • 1993
  • When the breach of contract is at issue between the contracting parties, the decision of the contents of obligation has an important meaning. The contents of obligation is decided by the construction of cont-ract. Therefore, the construction of contract has very important meaning for the decision of the contents of obligation. And the Civil Law of Korea includes provisions to settle disputes related to contract, and most of these provisions have the nature of voluntary law. And when there is no intention of the contracting parties, or it is not clear, the voluntary law comes into application(Civil code art. 105). Ultimately, voluntary law not only becomes the standard of the construction of the contract, but also it is applied as the law to settle dispute. Thus, it needs to clear what is the relation between the construc-tion of contract and the application of law. Therefore, this paper aims to clarify the relationship between the construction of contract and the appli-cation of law.

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OPTIMAL IMPACT ANGLE CONTROL GUIDANCE LAWS AGAINST A MANEUVERING TARGET

  • RYOO, CHANG-KYUNG
    • Journal of the Korean Society for Industrial and Applied Mathematics
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    • v.19 no.3
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    • pp.235-252
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    • 2015
  • Optimal impact angle control guidance law and its variants for intercepting a maneuvering target are introduced in this paper. The linear quadratic(LQ) optimal control theory is reviewed first to setup framework of guidance law derivation, called the sweep method. As an example, the inversely weighted time-to-go energy optimal control problem to obtain the optimal impact angle control guidance law for a fixed target is solved via the sweep method. Since this optimal guidance law is not applicable for a moving target due to the angle mismatch at the impact instant, the law is modified to three different biased proportional navigation(PN) laws: the flight path angle control law, the line-of-sight(LOS) angle control law, and the relative flight path angle control law. Effectiveness of the guidance laws are verified via numerical simulations.

The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS (유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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