• Title/Summary/Keyword: Law and Institution

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A Study on the Improvement of the Raw and Institution for Construction and Operation of u-City Service (u-City 서비스 구축 및 운영을 위한 법제도 개선에 관한 연구)

  • Park, Soon-Hyung
    • 한국IT서비스학회:학술대회논문집
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    • 2009.05a
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    • pp.449-452
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    • 2009
  • The vision of u-City is an implementation of ubiquitous environments that makes anybody to be able to access the source of information and knowledge in anywhere and anytime with any methods. It is necessary to study the law and institution of u-City about a role of the government and local governments to have a new growth power. We need to improve the related law and institution with standardization of u-City service to regulate and coordinate diversity of main organ and business area. In this paper, we select service modes to consider the priority order of service and suggest a reform measure of law and institution classified by service models

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A Study on the Revision Direction of National Geographic Information System Law and Institution (국가GIS 법.제도의 개정방향에 관한 연구)

  • Kim, Tae-Jin;Park, Jong-Taek
    • Spatial Information Research
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    • v.14 no.2 s.37
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    • pp.191-209
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    • 2006
  • This study is analyzing what necessary law and institution is to solve various problem that is happened in process that execute the first$\sim$second National GIS Master Plan in the meantime at visual point that the second National GIS Master Plan(2001-2005) period is expired. Specially, it is that present what improvement direction of law and institution by each field is. Minimize of obstacle factors far National GIS Master Plan is purposeful during the third National GIS Master Plan period. To achieve study purpose, this study analyzes background of National GIS law and institution, objective, system. It is expected that of this article can contribute to the picture of National GIS law and institution.

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A Criminal Liability of the Divisional Medical-institution (분업적 의료행위에 따른 형사책임관계)

  • Jeong, Oung-Seok
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.399-434
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    • 2014
  • A criminal liability of the divisional medical-institution is faced a new aspect in the connection with development of the medical techonology. Especially, a division of labor in the medical-institution in Korea will be greatly increased in the foreseeable future. A general hospital will be frequently confronted with sofisticated techniques such as MRI, CT-screen. Accordings to the nature of its functions, a general hospital may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the government may determine. It shall be the duty of the government to develop, promote and regulate a criminal liability of the divisional medical-institution. Above all, the government shall have to determine the standard of a criminal liability of the medical-institution in the horizontal specialization and the vertical specialization. But, the court may give finally by directions the standard of the criminal liability of the divisional medical-institution.

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A Study on EU Anti-dumping Law (EU 반덤핑법에 관한 소고)

  • Kim, Do-Hyoung
    • Management & Information Systems Review
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    • v.21
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    • pp.77-98
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    • 2007
  • This thesis is related with Anti-dumping law about Korea's export in EU. Indeed, Korea' export to EU market is how related to EU's Anti-dumping law this study was intended to reveal from a legal point of view. For this purpose from EU's Anti-dumping law's institution at present to application historical channel was examined and is showed Anti-dumping law's application procedure briefly. Throughout this study what we could get are EU's Anti-dumping law based on a statute, EU's Anti-dumping law's institution background and the law's application procedure & effects.

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A Study of Whether Extinctive Prescription and Joint Payment Apply to the Right of Imposing Fine on the Law of National Health Insurance or Not ("국민건강보험법" 상 과징금부과처분 권한에 대한 소멸시효 적용여부 및 과징금 연대 납부 의무 유무)

  • Park, Tae-Shin
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.189-217
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    • 2011
  • According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for ity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.

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A Study on Consideration factors for Selection of Institution, When Arbitration Clause Inserted in International Commercial Contracts (국제상사계약(國際商事契約)에서 중재조항(仲裁條項) 삽입시 중재기관 선택에 따른 고려사항)

  • Oh, Won-Suk;Jeong, Hee-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.63-93
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    • 2012
  • The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract. Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration. The typical advantages of institutional arbitration would include: $\bullet$ Benefits of using an established set of rules $\bullet$ Services provided by the institution $\bullet$ Low risks of obstruction $\bullet$ Enhancement of the possibilities of enforcement $\bullet$ Forecast of the estimated cost $\bullet$ Specially useful for existing disputes Next, this author examined the consideration factors when selecting the institution in respect of the following factors: $\bullet$ Institution's arbitration rules $\bullet$ Institution's rule regarding the appointment of arbitrators $\bullet$ Ability of administrators of each institution $\bullet$ Reputation of the arbitral institution and the likability of enforceability of its award $\bullet$ Cost $\bullet$ Choice of the arbitral institution in relation to the choice of place of arbitration Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO. Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

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피구금자에 대한 권리보호적 측면에서의 도서관봉사

  • 홍명자
    • Journal of Korean Library and Information Science Society
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    • v.6
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    • pp.187-211
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    • 1979
  • Persons who are waiting for decision of the court concerning whether they are guilty or not after they are involved in the criminal case and detained in the special institution isolated from society, will desire to de found innocent and acquited or to be slightly punished. Inmates are the suspected persons and the accused persons who are detained in the correctional institution. They have the right to de assisted by lawyes in order to receive the favorable verdict in the court. However, the right of the poor and the ignorant, in reality, cannot be perfectly protected due to the imperfection and defect of the defense counsel system itself and its application. Therefore, as a means to guarantee the so-called access to the court, the fundamental constitutional right, the law libraries are established and the legal information services are provided to the inmates within the correctional institution in the advanced country such as the United States. In addition, the judicial precedent and the various kinds of professional organizations provide the managerial guide-lines for such libraries to enoughly collect materials and to provide the effective information services to the inmates. In order to furnish the management of the correctional institution of Korea with useful information, the legal information services, materials collected, and information service personnel of the law libraries within the correctional institution are minutely examined in this paper.

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A Study on the Type of Violations of Medical Law Regulations Which Restrict Opening a Medical (의료법상 의료기관 개설제한의 위반유형에 관한 연구)

  • Kim, Joon Rae
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.345-366
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    • 2014
  • Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

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Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.