• Journal of Advanced Marine Engineering and Technology
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• 제38권4호
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• pp.486-494
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• 2014

2010년 6월 필리핀 마닐라에서 개최된 "STCW 협약 개정 외교회의" 에서 개정안을 채택하였고, 관련 개정협약의 내용 중 선박의 전자화 및 자동화에 대비하기 위하여 전자기관사의 자격 및 면허 제도를 채택하였다. 우리나라에서는 STCW 개정 협약의 내용을 국내법으로 수용하기 위한 선박직원법 일부법률개정안이 발의되어 현재 시행령 후속 작업 중에 있으며, 관련 법안은 법제사법위원회를 통과하였다. 이 논문에서 선박직원법 개정 안 중 전자기관사의 자격제도 및 면허 신설에 대한 현황을 알아보며, 시행령 제정에 대한 제언 및 전자기관사제도가 효율적으로 정착할 수 있는 방안에 대한 정책적 제언을 하고자 한다.

• 한국ITS학회 논문지
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• 제10권6호
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• pp.32-39
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• 2011

꼬리물기는 교차로에 정체가 발생하면 녹색 현시라도 진입해서는 안 되는데 이를 무시하고 무리하게 진입, 신호가 바뀐 뒤 다른 방향의 차량흐름에 방해를 주는 행위이다. 인력에 의한 단속 방법은 한계가 있어 지속적으로 단속을 하기위해서는 대체 방안이 필요하다고 하겠다. 교차로에서의 꼬리물기 위반를 시스템을 통해 단속가능한 지 여부를 파악하기 위해 실제 현장에서 실험을 통해 평가를 수행하였다. 본 연구에서는 현재 운영 중인 신호위반 단속장비와 달리 위반 차량을 단속하는 시점을 교차로 진출부 횡단보도 부근에서 하였으며, 위반 차량을 역추적 방식으로 궤적을 추적하는 방식을 적용하였다. 현장 실험 결과 시스템에 다음과 같은 결론을 얻었다. 교차로 꼬리물기 위반 차량에 대한 단속 능력, 즉 위반차량 검지율 및 오검지율을 평가한 결과, 평균 검지율은 83.5%, 오단속률은 0.2, 오인식률 1.5%로 나타났다. 따라서 꼬리물기 위반 차량을 무인단속장비에 의해 단속을 할 수 있을 것으로 판단된다.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.3-44
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• 2006

Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.95-107
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• 2017

Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

• 의료법학
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• 제11권2호
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• pp.75-112
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• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.115-134
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• 2016

Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

• 한국조경학회지
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• 제24권2호
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• pp.99-116
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• 1996

It is clear that so called 1% law " in Korea has been established to enhance the quality of urban environment. However, after more than 10 years of its enforcement, environmental sculptures installed in accordance with the "1% law" are even being called as "sculptural pollution". This research was a part of a study on the environmental sculptures for the enhancement of the quality of urban environment. The purpose of this study was to investigate problems inherent in the outdoor space as places of environmental sculptures installed in accordance with "1% law". The following facts were found from the analysis of the relationship between 223 environmental sculptures and their surrounding environment from the viewpoint of spatial organization through field surveys. 1. 88.3% out of 223 environmental sculptures were located on ' 'public space' on study sites 2. 69.1% were placed on 'green' 3. 80.7% of 'green' were either 'point' types or 'line' types 4. 85.2% were under 5m in the longest dimension. The implication of this study is that "1% law" in Korea has been applied to only buildings in private sector where most outdoor space area in unadequate physical and spatial conditions to install diverse forms of environmental sculptures. Further studies must be carried out to install environmental sculptures in public open pace as an alternative by amending "1% law".

• International Journal of Computer Science & Network Security
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• 제22권9호
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• pp.59-62
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• 2022

In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

• 영어영문학
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• 제57권5호
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• pp.787-812
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• 2011

This essay aims to explore Herman Melville's recognition and resolution of the vicious link between law and violence in his posthumous Billy Budd, Sailor (1924). In order to investigate the issues, this essay refers to Freud, Benjamin, Derrida, Lacan, and Žižek, all perceptive to the uncanny affinity of law and violence. Especially, Žižek's arguments of "superego" as an embodiment of cruel and destructive violence supplementing the official law and of "love" as an ethical possibility beyond the limit of the problematic law are introduced in this study to make Melville's reflection of the inseparableness between law and violence much clearer. John Claggart and Captain Vere embody the legal (superegoic) violence. Claggart even procurs secret enjoyment, in the name of maintaining positive law. Billy Budd discloses another violence defending his justness according to natural law. However, Melville suggests the possibility of suspending the problematic tie of law/violence through "love," as portrayed at the last part of the story. The two final words from Billy and Vere, as a sort of delayed dialogue between them after the event of their secret interview before Billy's hanging, suggest that they finally distance from the obscene nightly law of superego-respectively from outward punitiveness toward Vere and from inward punishment for Vere's excessive enforcement of Billy's hanging-and identify each other's lack as their own. Their love implicated in the last words is for the real other-in Lacan's sense-who discloses the constitutive lack or incompleteness of beings and aporia of the law. This essay's examination of Melville's representations about the superegoic violence as the (im-)possible condition of law and the possibility of withdrawing from it would help us recognize Billy Budd, Sailor as the author's own last word for the possible vision of love cutting the vicious knot of law/violence.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2003년도 추계학술대회
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• pp.173-183
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• 2003

The articles of food is very important things to human. Since PL Law came into effect in July of the last year(2002) in Korea, many domestic firms have taken great interests in PL. And the purpose of PL Law is to provide a means for those injured by defective products to receive redress. Additionally, enterprises get to place more importance on the safety of the products, which led to improvement in competitiveness and enhancement in quality. Consequently customers can get better products. So, it aims not only to compensate the injured by defective products but also to act an incentive to maker $s^pliers of food to make their products more safe. Therefore, this study was aiming to analyze the expected risks to articles of food after the enforcement of PL Law, and to establish a defending plan.an.