• 제목/요약/키워드: Law & Policy

검색결과 2,004건 처리시간 0.026초

조선시대 주요 의료 관련 쟁점과 관심사 - 시행법령을 중심으로 (Major Medical Issues and Interests in the Joseon Dynasty - Focusing on Enforcement Laws)

  • 박훈평
    • 한국의사학회지
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    • 제36권1호
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    • pp.31-50
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    • 2023
  • Through this paper, all the provisions of the enforcement statutes stipulated in the Joseon's law code were investigated and major medical issues and interests in the Joseon Dynasty were analyzed. The characteristics of each period reviewed in the text are as follows. The early Joseon Dynasty is divided into three periods. First of all, Joseon filled the gap in the law with the active acceptance of the Ming Dynasty's law code, Daemyeongrul, which conformed to Confucian virtue. Next, the completion of Gyeonggukdaejeon was an opportunity to prepare the basis for Joseon's medical laws. Lastly, from the late 15th century to the 16th century, the existing medicine promotion measures and emphasis on hyangyak(domestic herb) continued. it can be said that Joseon's politicians needed a medical policy based on Confucian virtues and maintained state-led promotion policies, but on the other hand, there was no other alternative to try newly by reflecting the limitations and failures of the policy. The late Joseon Dynasty is also divided into three periods. First of all, the period from the late 16th century to the early 18th century was marked by the growth of families in technical positions. The era of King Yeongjo can be said to be the period of reorganization of medical related laws. Finally, the period after the late 18th century is a period of passive regulation and supplementation. Lastly, the revision of the actual medical law was not made or reflected in era of King Jeongjo. In the case of the early Joseon Dynasty, the policy shifted from state-led to families in technical positions. However, in the 19th century, the weakening of the royal authority led to the weakening of the overall administrative system of the country, and the pharmaceutical policy had to be limited.

"Peaceful Uses" of Outer Space and Japan' s Space Policy

  • Takai, Susumu
    • 항공우주정책ㆍ법학회지
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    • 제spc호
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    • pp.247-270
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    • 2007
  • Space development and utilization must be conducted within a framework of "peaceful uses" principle under Space Treaty. Japan ratified the treaty in 1967, and interpreted "peaceful uses" as "non-military uses" then. A ghost of "peaceful uses" principle has been hung over Japan up to the moment. Japan's space development and utilization has been conducted with genuine academic interest, and therefore Japan did not introduce space infrastructures to national security policy and did not facilitate growth of space industry. When the Cold War ended, Northeast Asian security environment makes Japan difficult to maintain an interpretation as "non-military uses". Besides the change of external security environment, the domestic industry situation and a series of rocket launching failure needed reexamination of Japan's space policy. Japan is gradually changing its space policy, and introducing space infrastructure in a national security policy under a "generalization" theory that gave a broad interpretation of "peaceful uses" principle. Council for Science and Technology Policy (CSTP) adopted a basic strategy of Japan's space policy in 2004. Since then, a long-term report of Japan Aerospace Exploration Agency (JAXA), an investigation report of Society of Japanese Aerospace Companies (SJAC) and a proposal of Japan Business Federation (JSF) were followed. Japan will promote space development and utilization in national security policy with a "strictly defensive defense" strategy and "non-aggressive uses"principle for protection of life and property of Japanese people and stabilization of East Asian countries.

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도심 고층건축물 고도제한규제의 합리성 모색에 관한 연구 (A study on the rationale of regulating the high elevation building)

  • 신홍균
    • 항공우주정책ㆍ법학회지
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    • 제21권2호
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    • pp.207-230
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    • 2006
  • 현행 군용항공기지법에 따라서 설정된 비행안전구역 밖에 위치한 건축물에는 동 법령이 적용될 수 없다. 또한 건축물의 허가제한조치는 특정 건축물을 대상으로 취해지는 조치가 아니라, 특정 지역이나 구역을 대상으로 계획행정의 차원에서 이루어지는 것이기 때문에, 특정 건축물에 대해서 허가제한조치를 발동하는 것은 여러 가지 차원에서 적절하지가 않다. 현행 법령의 규정만으로는 양 당사자간의 권리 충돌을 조정할 수가 없다고 보아야 하며, 건축하려고 하는 자가 적정한 대가를 지불하게 하는 방식 등을 통해서 비용과 편익의 비교가 가능하게 되는 방식을 모색하는 것이 바람직하다.

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Protection of Information Sovereignty as an Important Component of the Political Function of the State

  • Zadorozhnia, Halyna;Mykhtunenko, Viktoriia;Kovalenko, Hanna;Kuryliuk, Yurii;Yurchenko, Liubov;Maslennykova, Tetiana
    • International Journal of Computer Science & Network Security
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    • 제21권9호
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    • pp.151-154
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    • 2021
  • State information policy is an important component of foreign and domestic policy of the country and covers all spheres of society. The rapid development of the information sphere is accompanied by the emergence of fundamentally new threats to the interests of the individual, society, state and its national security. The article considers the components of the state information policy to ensure information security of the country and identifies the main activities of public authorities in this area. Internal and external information threats to the national security of Ukraine and ways to guarantee the information security of the country are analyzed. Information security is seen as a component of national security, as well as a global problem of information protection, information space, information sovereignty of the country and information support of government decisions. Approaches to ensure the process of continuity of the information security system of the state in order to monitor new threats, identify risks and levels of their intensity are proposed.

Dealing with Unruly Behavior on Board Aircraft: A Chinese Perspective

  • Qin, Huaping
    • 항공우주정책ㆍ법학회지
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    • 제27권2호
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    • pp.193-209
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    • 2012
  • China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

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항공법(航空法)-21세기(世紀)의 도전(挑戰) (AIR LAW AND THE CHALLENGES OF THE 21ST CENTURY)

  • Milde, Michael
    • 항공우주정책ㆍ법학회지
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    • 제4권
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    • pp.155-165
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    • 1992
  • 본 발표 내용은 특히 다음사항에 관하여 언급하고 있다. 1. 현재 시카고 조약(條約)에 나타난 국제항공규정(國際航空規程)의 기본구조(基本構造)를 변경할 필요가 있는가? 2. 국제민간항공기구(國際民間航空機構)(ICAO)의 법무계획(法務計劃)에 있어서의 중요사항 (1) 장래의 항공체제(航空體制)(FANS)의 제도적(制度的) . 법적(法的) 문제(問題) (2) 비안전목적(非安全目的)을 위한 전세계적인 공중(空中)/지상통신(地上通信)의 법적(法的) 문제(問題) (3) 해상법(海上法)에 관한 UN조약(條約)과 시카고조약(條約) 및 기타 항공법(航空法)과의 관계(關係) (4) 항공관제기관(航空管制機關)의 책임(責任) (5) 바르샤바 조약체제(條約體制)의 검토(檢討) 3. 항공우주법(航空宇宙法) 분야에 있어서의 전문적인 대학원(大學院) 과정(課程)의 법률교육(法律敎育)의 필요성 검토(檢討)

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The Present Situation and Prospects of Chinese National Mechanism on Space Debris Mitigation

  • Li, Shouping
    • 항공우주정책ㆍ법학회지
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    • 제26권2호
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    • pp.239-258
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    • 2011
  • Space debris mitigation has become an international custom for international space activities. IADC and COPUOS adopted a Guideline on Space Debris Mitigation. Two Guidelines provided that member states or international organization shall establish a national mechanism to mitigate space debris. China has made progress in legislation on space debris mitigation and management system. It establised a fundamental framework on the legislative mechanism on space debris mitigation and managemental mechanism on space debris mitigation. In order to further improve the national mechanism on space debris mitigation, it is essential for China to strenghen legislation on space activities and specify the duties of management administrates.

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정보통신망법 스팸 규제 개선 방안 연구 (Analysis of Anti-SPAM Regulations in Korean IT Law)

  • 김성준;김범수
    • 한국IT서비스학회지
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    • 제10권1호
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    • pp.21-34
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    • 2011
  • Spam refers to any unwanted or unauthorized commercial messages. Spam may violate individuals' privacy or other personal rights. Spam often overloads network traffic, wastes individuals' time, lowers productivity and quality of life, and limits the trustworthiness of Internet businesses. As the use of mobile messaging services and social networking services both on mobile communication networks and on the Internet increase, newer and more complex types of IT applications and services are often used as new means of spam. In this research, the characteristics and impact of new and future forms of spam, and anti-spam related policies and regulations are surveyed. To improve the effectiveness of anti-spam policies and regulations in Korea, adding a definition of spam in the law, changing policies to focus on the 'type of services' rather on the medium of transmission, and redefining the scope of 'commercial purposes' in Korean law are suggested.

Patent Infringement under Japanese Patent law: Comparative Study with Chinese Patent Law

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • 제7권3호
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    • pp.606-624
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    • 2018
  • Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

Suicide Prevention Policy Guideline Model Considering Privacy Law in Korea

  • Do-Hyun Kwon
    • 생물정신의학
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    • 제30권1호
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    • pp.7-16
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    • 2023
  • Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.