• Title/Summary/Keyword: Legal Consideration

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A Study on the Active Economic Activities by the Job Program to Overcome the Poverty of the Elderly in the Aged Society (고령사회 노인빈곤 극복의 일자리사업을 통한 적극적 경제활동 방안 고찰)

  • Kim, Young-Chul;Kim, Seo-Ho
    • Industry Promotion Research
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    • v.6 no.1
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    • pp.55-62
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    • 2021
  • This study regards the need for jobs to overcome the poverty of the elderly in an aged society, and as well as researches ways to participate in active economic activities in old age. The results of the study are as follows. First, the legal system needs to be improved. In addition to institutional support for the expansion of jobs for the elderly, improvement of awareness of the elderly and reinforcement of infrastructure such as a delivery system are required, and a legal basis for this is needed. To this end, occupations targeting the elderly must be selected first, and legal procedures must be prepared by the government. Second, there must be social consideration and support for the elderly. Extension of the retirement age plays an important role in enhancing employment for the elderly. Along with the improvement of the legal system, social consideration is required. Therefore, since the elderly policy without social consensus is bound to fail, various support methods that can lead to social support must be devised. Third, the elderly must have a sense of poverty and willingness to rehabilitate themselves. Elderly people should not only ask for their children and social support. The elderly must be able to find a way to become the economic agent themselves. To do this, a basic awareness of the elderly poverty consciousness is needed, and a change of awareness to escape the poverty of the elderly is necessary. Therefore, the elderly need to be self-reliant, and they must choose jobs according to their own abilities. In conclusion, the elderly job program is a part of income increase that solves the poverty of the elderly in the aged society, and the elderly are required to actively participate in economic activities.

A Study on the FinTech : The consideration of the Security (핀테크의 보안 고려사항에 대한 연구)

  • Lee, Yujin;Chang, Beomhwan;Lee, Youngsook
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.12 no.3
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    • pp.111-123
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    • 2016
  • Recently, mobile devices have been widely used. Therefore, the service users want that are not constrained by time and space. Among them, electronic payment services, mobile finance service is enjoying a tremendous popularity. The FinTech is the result of the fusion of finance and ICT(Information & Communication Technology). Security experts is pointed the FinTech security risk. New technology and Innovative FinTech services are even available, Insecure FinTech services is insignificant. In this paper we were surveyed market and product trends of FinTech and analyzed the threats about FinTech. Also, we analyzed the security considerations for FinTech using a questionnaire. As a result, users considers secure payment process and privacy. Therefore, we proposed security considerations for each vulnerability. So, we must be resolved of security technology and policy issues. If establishing a secure payment process and the unclear legal issue is resolved, FinTech service will provide a secure financial services to the user.

Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

A Study on the Complex Arbitrations (Multi-Issues, Multi-party, Multi-Contract) (복합중재에 관한 소고)

  • Park, Young Gil
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.139-160
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    • 1999
  • International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

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Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

Legal Approach to the Passage Issues of the Cheju Strait (제주해협 통항문제에 관한 법적 고찰)

  • Kim Hyun Soo
    • Proceedings of KOSOMES biannual meeting
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    • 2003.11a
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    • pp.35-44
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    • 2003
  • Considering possible legal and policy problems with regard to the Cheju Strait, a central issue is whether the Cheju Strait should be treated as Korean territorial sea or an international strait The claim that the strait is territorial sea has been based on the use of a straight baseline method of dermarcation With the use of straight baseline, Korea claims that the breadth of the Cheju Strait is only 20.7 miles at its narrowest point and therefore the strait becomes the territorial sea of Korea. The consideration cf marine pollution has weighed heavily in claiming the Cheju Strait as territorial sea. Pollution resulting from the accidents cf tankers caused by fire, collision, or stranding in the Cheju Strait and the Korea Strait would be enormous, affecting the entire coastal waters of the south coasts cf Korea's mainland and Japan's Tsushima Islands areas. Catastrophic pollution in the Cheju Strait could also come from the accidents cf large-size oil tankers passing through the Korea Strait from the Malacca Strait Although the Korean government considers the geographic and socioeconomic conditions sufficient to justify Korea's claim of the Cheju Strait as territorial sea, it believes that declaring it so would raise considerable legal conflicts with maritime states. In view of the legal difficulties and the need to meet the problems arising from the growing vessel traffic in the Cheju Strait, the sea lanes and traffic separation schemes may be considered an alternative to the internationalization of the Cheju Strait Even if the Korean government dose not do so, the regime of innocent passage should be applied to vessels passing through the Strait and should not suspend innocent passage through the Strait. Therefore, the Korean government needs to have a more legal, pragmatic, functional and managerial approach than a purely sovereign and selfish approach to the solution of legal matters of the Cheju strait For this purpose, the UN Convention on the Law of the Sea would serve as a guide and also self-restraint and cooperative approaches would become norms governing the resolution of the law of the sea issues in the Cheju Strait.

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The Legal Consideration in Emergency Medical Service System (의료분쟁에 관한 보건정책학적 고찰 -응급의료종사자를 중심으로-)

  • Kang, Byung Woo
    • The Korean Journal of Emergency Medical Services
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    • v.3 no.1
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    • pp.91-101
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    • 1999
  • The medicolegal problem can be occurred in all medical field. Especially pre-hospital stage can be more exposed to the legal claims due to the very nature of EMT business and characteristics of ER patient or their family member. All Emergency Medical Technician should be concerned about the law associated with emergency care for handling the medicolegal problem, so the legally risky situations that may be occurred in pre-hospital stage and ER practice. This study reviewed malpractice claim of emergency patients filed in at Association of malpractice patients' family and two tertiary level hospitals. Problems related to treatment and misdiagnosis. Especially issues concerning emergency medical service system including of inadequate transport, delay in triage and transport accounted for many cases of all claims. This alerts us to the seriousness of medical accidents of emergency patient. This paper suggests several items that all E.M.T and every member of ED health care team always have to remember the medicolegally risk situations, must be trained in understanding the patients' wants and desires and should have the knowledge of the law associated with emergency health care. Develop the system that can share the informations about the medicolegal events which were experienced by each ED health care institutes.

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The Activation of Residents Participation for the Local Landscape Improvement - With Special Emphasis on the Landscape Legal System and Case Study in Japan - (지역경관 개선을 위한 주민참여 활성화 방안 연구- 일본의 법제도 및 사례 고찰을 중심으로 -)

  • Lim, Jung-Min;Yun, Jun-Do
    • KIEAE Journal
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    • v.11 no.5
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    • pp.43-53
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    • 2011
  • The Landscape Act was enacted in 2007 introducing a new procedure of the Local Landscape Agreement and the Local Landscape Improvement Projects. The act has granted local governments a legal basis to support residents participation activities in order to create, improve, and maintain the townscape quality of their neighborhood environments. The degree of utilization of this particular process, however, is far below the expectation. Partly, it is due to the lack of field experience and concrete guidelines for preparation and implementation in actual landscape planning process. This study aims to seek for detailed solution to lead the residents participation for local landscape improvement in Korea through consideration for institutional strategies and cases about the local landscape planning and management in Japan. Local landscape improvement projects in Japan are progressing successfully in concurrence with a variety of local participants such as residents participation, administrative supporting and supporting of local company. And it will be possible to support systematically with systematization of participants, such as NPO and a council.