• Title/Summary/Keyword: Legal

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A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

Legal Characteristics of Agricultural Extension Organization (법이 규정한 농촌지도기관의 성격)

  • Yoon, Yeo-Hak
    • Journal of Agricultural Extension & Community Development
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    • v.4 no.1
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    • pp.165-173
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    • 1997
  • This paper reviewed the legal bases and characteristics of agricultural extension services and organizational changes during the last fifty years in Korea. It was found that the legal bases extension services were rather weak are very important factors affecting agricultural extension services and organizational structures of agricultural extension institutions. It would be necessary to take legal steps to strengthen agricultural extension services by institute legal proceedings the characteristics of extension organization including the relationships among central, provincial and county level extension services, missions and objectives, personnel and facility management.

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A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

A Suitability Analysis on the legal standards of the Rural Housing Standard Plans (농촌주택 표준설계도의 관련 법적 기준에의 적합성 분석 연구)

  • Jeon, Young-Hoon;Shin, Doo-Sik
    • Journal of the Korean Institute of Rural Architecture
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    • v.15 no.4
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    • pp.1-8
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    • 2013
  • The Rural Housing Standard Plans for improving the quality of life and housing stability in rural areas has been developed 87 types from 1994 to 2012. However, some types of Plans do not satisfy the current legal standard in accordance with social and legal changes. Standard plans has the same effect as a building permit, and replace it, so legal suitability of Plans is an important. Therefore, it is required the suitability analysis on the legal standards of Rural Housing Standard Plans. The Purpose of this study is to derive improper types and items of the Rural Housing Standard Plans on the legal standards. In this study, we analyzed its suitability on the legal standards(law on fire-fighting system installation and safety management, energy saving design criteria for buildings, structural checklist for small buildings, the types of drawing for building permit) in accordance with "rules for the operation of standard plans". And we analyzed the utilization of the Rural Housing Standard Plans through downloads from welchon portal.

A Study on the Reform Model of Legal Deposit System in Korea (한국의 납본제도 개선모형에 관한 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.37 no.4
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    • pp.24-52
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    • 2003
  • In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

Virtual currency and confiscation

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.5
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

Legal Considerations to Make a Successful Corporate Decision: Evidence from Prior Literature Analysis

  • KIM, Young-Dae;KOH, Jae-Jong
    • East Asian Journal of Business Economics (EAJBE)
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    • v.10 no.2
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    • pp.71-80
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    • 2022
  • Purpose - It is chaotic when doing a business without legal patterns and rules; individuals who make legal decisions without legal consideration are often protecting their interests and forgetting others. This study aims to suggest key solutions how companies can make better decision based on legal considerations through investigation comprehensive literature analysis. Research design, Data, and methodology - This research conducted qualitative textual method and a technique called 'Qualitative Comparative Analysis' (QCA) can be used to understand better why certain things change while others do not. In tough situations, QCA is a strategy for comparing several occurrences. Result - Total six considerations were founded by the QCA for better corporate decision. Based on these considerations, all stakeholders, shareholders, and every employee should nominate and vote on one person to be their leader in the organization; fair practices in choosing the governor of the organization through legal binding will bring peace and order to the company. Conclusion - It was time consuming to go through every detailed material that entails legal consideration in making corporate decision. The concept of same profile in the research is critical whereby many authors are using same concept to write their articles and books. Using pure concept from one source limits the research and gives inadequate information.

Deep Learning Based Semantic Similarity for Korean Legal Field (딥러닝을 이용한 법률 분야 한국어 의미 유사판단에 관한 연구)

  • Kim, Sung Won;Park, Gwang Ryeol
    • KIPS Transactions on Software and Data Engineering
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    • v.11 no.2
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    • pp.93-100
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    • 2022
  • Keyword-oriented search methods are mainly used as data search methods, but this is not suitable as a search method in the legal field where professional terms are widely used. In response, this paper proposes an effective data search method in the legal field. We describe embedding methods optimized for determining similarities between sentences in the field of natural language processing of legal domains. After embedding legal sentences based on keywords using TF-IDF or semantic embedding using Universal Sentence Encoder, we propose an optimal way to search for data by combining BERT models to check similarities between sentences in the legal field.

Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

  • Kushwah, Shivpal Singh;Singh, Ritu
    • Journal of Information Science Theory and Practice
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    • v.4 no.3
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    • pp.71-83
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    • 2016
  • Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.