• 기술혁신학회지
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• 제9권3호
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• pp.514-537
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• 2006

최근 과학기술이 국가발전에서 차지하는 비중이 더욱 커짐에 따라 각 국가들은 그에 대한 정책과 관련제도를 한층 강화하고 있다. 남북한 역시 1990년대 후반부터 과학기술을 국가의 중요정책으로 취급하고 이를 효율적으로 추진하기 위하여 과학기술 행정체계의 개편과 관련법령에 대한 정비를 지속적으로 시행하고 있다. 이 논문은 남북 과학기술정책의 제도적 기반이 되는 과학기술 기본법제의 우영 상황을 살펴봄으로써, 남북 과학기술 협력 활성화 및 향후의 관련법제의 통일화에 대비한 양 법제간의 정합 가능성을 탐색해 보는 것을 목적으로 하고 있다. 이를 위해 남북 헌법상의 과학기술 관련규정과 과학기술에 관한 총괄규범으로서 기능하는 남한의 과학기술기본법과 북한의 과학기술법에 대하여 그 규정체계와 내용을 개관하고 상호간의 유사점과 차이점을 비교분석하였다.

• 의료법학
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• 제10권1호
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• pp.171-211
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• 2009

Because Korea has the excellent informational technology, it was expected to be able to improve the accessibility to healthcare and compete with other nations in excellence through u-Healthcare. But we can't complete the excellent u-Healthcare because of the law to be able to use only the tele-counselling between doctor to doctor or doctor to nurse. First of all, we must complete the law to be able to use the improved u-Health containing of telemedicine between doctor to patient. Though other factors, the procurement of safe IT, the credibility to healthcare service provider containing of nutritionist and occupational therapist etc. are prepared for erecting u-Healthcare, we can get the final and decisive u-Health policy only by means of Law for supporting u-Healthcare's Activation. The important sections of Law for supporting u-Healthcare's Activation are as follows. Sec. 4 The Minister for Health, Welfare and Family Affairs and the dean of associated administrative division have to erect the combined plan for u-Healthcare's Activation. Sec. 11 Government and local autonomous entity can support the facility and equipment to be necessitated for using u-Healthcare to improve the medical accessibility of person in the region with poor medicine. Sec. 13 Doctor can support other doctor's medical action through IT and if there are not medical risk, doctor can give medical act directly to the special patients. Sec. 21 If pharmaceuticals is necessitated in u-Healthcare, remote doctor has to send the patient the electronic prescription and the pharmaceutist to receive the electronic prescription has to delivery the pharmaceuticals in accordance with patient's demand.

• 무역상무연구
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• 제46권
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• pp.211-235
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• 2010

According to the commercial law in Korea, a marine cargo insurance contractor (policyholder, insured person, agent) has the duty to disclose risks before establishing an insurance contract and the obligation to notify changes in risks after before establishing the contract. Marine cargo insurance policy clauses include one about the obligation to notify changes in risks. This clause assumes that an insurance contract should be implemented according to what has been answered to the important questions asked by the insurer in connection with the insurant's duty to disclose before establishing an insurance contract, and it stipulates that, if any change in what has been disclosed should be notified to the insurer since it is regarded as a change in risks. Neglecting the obligation to notify may lead to the termination of the appropriate insurance contract by the insurer. The problems here concern the clauses about changes in risks and about the obligation to notify. The problems are like these. Can it be that the circumstances which might be seen in the past as changes in risks according to the territorial sea laws and institute cargo clauses stipulated long ago are considered as such still today? And a marine cargo insurance policy till valid when changes in risks have not been properly notified by the original discloser of risks to the insured who currently holds the marine cargo insurance policy, which, unlike other insurance policies, is a marketable security? In Korea, the commercial law has a clause the obligation to notify changes in risks established based on the territorial sea laws and institute cargo clauses. In this regard, this study aims to consider if the clause still valid today or not and, if not, to propose alternatives to the clauses.

• The Journal of Korean Physical Therapy
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• 제11권1호
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• pp.1-21
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• 1999

Japanese welfare legislation for the disabled was enacted via Law 283 on December 26. 1956. The push for such legislation at the national level had gown concurrent with development of Japan's post-war economy Korean welfare law for disabled was made 22 years later and was again amended in 1989. The current legislation promotes and supports the legal welfare of the Koran disabled. The following are the results of a comparison between Korean and Japanese accessibility facilities and welfare law; 1) Japan's developement of disabled people's welfare law is inextricably linked to the development of disabled people's advocacy and the human rights movement. In addition, welfare policy has shifts its mandate from rehabilitation to independent living. It follows that local altitudes will play a pivotal role in further policy initiatives. Korean disabled people's welfare policy emerged hand in hand with economic recovery and development following the Korean War. By 1977 a special education law was enacted which-like it Japanese counterpart-promoted the education of disabled children. 2) Accessibility facilities were developed privately movement. The disabled faced constant and systematic disadvantages in public/private buildings and transportation systems. A general lack of cultural awareness and information relating ti these problems prevailed. These included-hut were by no means limited to sign language (for hearing the impaired) and braille(the language of blind). However, new attitudes and improvements have since emerged and new laws have resulted in the publication of Korean 'White Book' outlining the everyday problems faced by the disabled. In addition, mort convenient access facilities have been constructed in public and private buildings. In closing, legal support for the disabled, senior citizens and pregnant women continues to be improved by newer legislation enacted tin April 6, 1977.

• Ocean and Polar Research
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• 제28권3호
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• pp.273-285
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• 2006

As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

• 트랜스-
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• 제2권
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• pp.39-58
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• 2017

본 소논문은 자크 데리다의 법과 윤리에 대한 철학들을 바탕으로 정부 검열 시스템에 담긴 한국 영화 정책을 연구하는 데에 목적이 있다. 군사독재 시대 이후 우리나라의 영화 정책은 독재 정권의 프로파간디를 널리 알리고, 사회 통합과 안정을 내세우며 국가적 목표에 부합한 작품을 보호하는 데에 중점을 맞춰왔다. 그리하여 모든 영화 관련 정책은 정부의 엄격한 통제와 감시 안에 존재했다. 그러한 정책은 단순히 영화 선택의 자유만을 제한하는 것이 아니라 창작의 영역까지 침범한다. 자크 데리다는 정의와 폭력과 법에 대한 여러 가지 문제제기를 해왔다. 데리다의 주장들은 윤리적 고찰과 연결되어 있다. 이 소노문은 데리다의 관점에서 한국 정부의 영화 검열 정책에 담긴 폭력성을 짚어보고 윤리적 검열정책의 가능성에 대해 고찰해보고자 한다.

• 항공우주정책ㆍ법학회지
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• 제22권2호
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• pp.135-154
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• 2007

The 3 Northeast Asian countries of Korea, Japan and China have been stricter to each other than to other countries of out-region in air liberalization. The prominent reason of this intra-regional protective policy in air transportation seems to be the difference in competitive strength of their national flag carriers. As the 3 countries realize the importance of their mutual cooperation in the region, since China grows to be one of the leading economies in the world and the intra-regional trade and visitors increase tremendously, they are now taking the policy of intra-regional air liberalization more vigorously than before. Especially air cargo liberalization is easier than air passenger liberalization because they realize that the development of open economy is based on free flow of logistics regardless of the competitiveness of their national flag carriers. As Korea is the leading country in the region to promote air liberalization, this paper reviews the importance and growing trend of air cargo, analyzes current air liberalization policy between Korea, Japan and China and the initial effects of open sky in the routes of Shandung-Korea, and suggests the new policies of air liberalization to promote free flow of air logistics.

• 한국유기농업학회지
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• 제26권1호
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• pp.83-97
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• 2018

This study analyses the use of agri-environment concept in South Korean laws and tries to identify the limitations and improvements. The agri-environment has been used in the EU agricultural policy since the mid 1980s, and now became the most important policy in the rural development policy. It has been regarded as a concept explaining the various factors for agricultural production. However, the EU defines it as results of agricultural production which includes not only environmental and natural features but also social and historical resources in rural areas. This definition has played a key role in the 2013 reform of the CAP. Because many developed countries are implementing the agri-environmental policy, South Korea needs to introduce it soon. In doing so, this research explores how the current South Korean laws are dealing with the relationship between agriculture and environment. It reviews 34 laws in total and finds out neither act applying the concept of agri-environment, nor recognizing the role of agricultural production in biological and environmental conservation. Nevertheless, this research identifies that some acts could be a basis for introducing agri-environmental policy in South Korea if they may complement the interrelationship between the agricultural production and conservation of rural resources.

• 한국기술혁신학회:학술대회논문집
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• 한국기술혁신학회 2014년도 추계 학술대회 논문집
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• pp.189-203
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• 2014

Silicon Valley's legal foundation in recent years has surfaced on the radar of policy planners who model Silicon Valley's ICT industry. Precisely, the prohibition of covenants not to compete is linked to firm to firm knowledge spillovers by way of mobile workers positioned as nodes in a system of innovation. Meanwhile, traditional frameworks support enforcement of covenants not to compete as a way to encourage R&D into the worker and to prevent the worker's tacit knowledge and know-how from fleeing. This article examines the ICT industry in Silicon Valley and Route 128 to argue that California's unique law is a key factor in the success of Silicon Valley firms. Theoretically, we reconcile the ostensible strife between enforcement and prohibition frameworks by presenting an industrial approach. We contend that selective enforcement by industry can maximize the policy tools of discorded planners.

• 한국인구학
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• 제22권2호
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• pp.163-195
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• 1999

이 글은 '강력한 남성 부양자'국가로서 90년대 일본사회가 제시한 여성노동력에 대한 사회적 보호정책을 살펴보고 평가하는데 그 목적이 있다. 논의의 초점은 크게 3가지로 구분되는데 어머니로서는 보육정책을, 노동자로서는 노동정책을, 부인으로서는 사회보장 정책에 대한 논의가 그것이다. 보육정책의 경우 급격한 소자녀와 추세에 따라서 94년에 도입된 "엔젤 플랜"의 성격을 소개하였다. 노동정책은 99년 4월 실시된 개정 '노기법', 균등법', 휴업법' 내용을 다루었다. 정책내용에 담겨 있는 성이 여성의 규정방식을 평가하였다. 90년대 이후 지속되는 일본경제의 장기 불황 그리고 전세계적으로 도입되고 있는 신자유주의적 사조는, 90년대 이루어진 여성노동력에 대한 사회적 보호정책 개정의 효과를 반감시키는 요인으로 작용할 수 있다. 즉, 최근 개정된 일련의 여성노동력에 대한 사회적 보호정책의 기조는 '강력한 남성부양자' 국가인 일본사회의 남성 중심성을 수정 보완하기에는 역부족으로 보인다.