• Title/Summary/Keyword: Legal Defense

Search Result 92, Processing Time 0.024 seconds

A Research on the Changes of the Gifted and Talented Law in U.S.: Focusing on the Marland Report (미국 영재교육법률의 변천 과정에 관한 연구: 말랜드 보고서를 중심으로)

  • Kang, Byoungjik
    • Journal of Gifted/Talented Education
    • /
    • v.23 no.5
    • /
    • pp.649-669
    • /
    • 2013
  • The research deals with the changes of the laws related to gifted education focusing on the Marland Report. As result, contrary to conventional argument for the beginning of legal ground for gifted education, 1958's National Defense Education Act(P. L. 85~864) which stipulated the article for 'identification and encouragement' for 'able students' can be said the first legislation of gifted education in the level of federal government. In the case of definition of the gifted, prior to 1972's Marland Report, there was the first legal definition in the Section 806 of the Elementary and Secondary Education Act(P. L. 91~230, 1970), which said "Children who have outstanding intellectual ability or creative talent". However Marland Report expanded the realm of the gifted from the area of intelligence to the area of leadership, art and psychomotor ability. On the basis of Marland Report, in 1974 the Office of Gifted and Talented was set up in the Department of Education for dealing with gifted education in federal. Further, Marland emphasized the importance of stipulating article related to funds for gifted education in law. Without manifesting funds for gifted education in law, he knew very well how hard it was to practice gifted education in reality. This implies that regulation funds for gifted education is crucial for effective actualization of gifted education.

A Study on the Legal and Institutional Improvement Plan for Cyber Correspondence (사이버 대응태세 구축을 위한 법·제도적 개선방안 연구)

  • Lee, Yong Seok;Lim, Jong In
    • Convergence Security Journal
    • /
    • v.19 no.1
    • /
    • pp.61-66
    • /
    • 2019
  • Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

Korean Firms' Intellectual Property Rights Protection Strategies to Deter Counterfeiting and Brand Piracy in Global Markets (한국기업의 해외시장에서의 위조상품 대응전략에 관한 연구)

  • Seo, Min-Kyo
    • International Commerce and Information Review
    • /
    • v.9 no.4
    • /
    • pp.351-374
    • /
    • 2007
  • Recently, there has been rapid and spectacular increase in world wide counterfeiting and other forms of piracy. According to the World Customs Organization(WCO), counterfeiting accounts for 5 to 7 percent of global merchandise trade, equivalent to lost sales of as much as US$512 billion last year. Also Korean firms' damages arising from the infringement of intellectual property rights in global markets, especially in China market, are increasing. However, the existing studies on the intellectual property rights(IRP) protection have mainly focused on legal protection. Because the law is often not the best defense against theft of intellectual property rights, we must develop more effective defensive weapons for protection of IRP. Given this troublesome trend, the intention of this paper is to discuss strategic and tactical efforts, including legal protection, that can serve as proactive measures to deter counterfeiting and thus to assure the protection of Korean firms' intellectual property rights.

  • PDF

NATO's Factor in Ensuring the National Security of Modern Ukraine

  • Biloshytskyi, Volodymyr;Hanhal, Artur;Mokliak, Sergii;Pysmennyi, Oleksii;Smolianiuk, Volodymyr
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.12spc
    • /
    • pp.689-695
    • /
    • 2021
  • The study is based on the elaborated normative and legal documentation regulating the national security of modern Ukraine and the normative and legal documents adopted by NATO in the responding policy to the challenges that arose after 2014. The main advantages of cooperation with NATO are ensuring military security, developing army standards, improving the country's investment climate, and reducing expenditures on the army. The disadvantages of cooperation with NATO in hostilities with Russia are not highlighted. Still, defined obstacles show that Ukraine is not ready to realize entry into NATO in the short term. Such factors include weak information support, corruption, and unclear diplomatic decisions.

Mechanisms of Protection of the Rights and Interests of Entrepreneurs in Russia

  • Turanin, Vladislav Yurievich;Kistenev, Vitaliy Valentinovich;Posokhova, Yana Vitalievna;Kisteneva, Olga Alekseevna
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.11
    • /
    • pp.291-293
    • /
    • 2022
  • The implementation of the legal mechanism to protect the rights and interests of entrepreneurs in Russia has its unique features. When the rights and interests of a businessman are threatened with infringement, specific legal remedies may be applied, by means of which the violated rights and interests are restored and, thereby, the opportunity to resume entrepreneurial activity is created. The paper explores extrajudicial ways to protect the rights and interests of entrepreneurs in Russia. The study analyzes the forms of self-help, arbitral tribunal, resolution of applications and complaints by executive authorities, the notariate, and work with the business ombudsman and civil society institutions.

Historical Review for the Government Contractor Defense (Government Contractor Defense(정부계약자항변)에 대한 연혁적 고찰)

  • Shin, Sung-hwan
    • Journal of Advanced Navigation Technology
    • /
    • v.21 no.3
    • /
    • pp.230-242
    • /
    • 2017
  • A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

A Study on Improvement for Service Proliferation Based on Blockchain (블록체인 기반 서비스 확산을 위한 개선 방안 연구)

  • Yoo, Soonduck;Kim, Kiheung
    • The Journal of the Institute of Internet, Broadcasting and Communication
    • /
    • v.18 no.1
    • /
    • pp.185-194
    • /
    • 2018
  • This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

PL PREVENTION PROGRAM FOR EXPORT INDUSTRIES (PL 대응책에 대한 고찰)

  • 황의철
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.9 no.14
    • /
    • pp.35-43
    • /
    • 1986
  • PL(product liability) is a major social, market, and economic force. The legal obligation of manufacturers and sellers to compensate for injury or damage caused by defective products is not a recent phenomenon. The concept of Product liability has been in existence for many years, but its emphasis has changed recently. This PL prevention program has shown that the two area of product quality assurance one is a PLD(product liability defense) and the other is a PLP(product liability prevention.

  • PDF

Regulation and Its Tasks of Privately Contracted Armed Security Personnel on Board Ships Against Somali-based Piracy (소말리아 해적행위 대응을 위한 민간무장보안요원 승선의 규제 및 그 과제에 관한 연구)

  • Keum, Jong-Soo
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.20 no.1
    • /
    • pp.26-32
    • /
    • 2014
  • The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

A Study on the Civil Resource Utilization of Military Defense (국방 분야의 민간자원 활용에 관한 연구)

  • Park, Kyun Yong;Lee, Young Uk
    • Convergence Security Journal
    • /
    • v.16 no.3_1
    • /
    • pp.3-10
    • /
    • 2016
  • This study is to actively respond to changes in terms of age, it was to find a possible way to realize the effective application of research to expand the civilian use of resources in the defense sector. Utilization of civil resources were first introduced by the previous government institutions to be applied to the military, our country, the use of private resources began with the 1948 case of a consignment of rubbish. In particular, in the process of overcoming the economic crisis IMF 1990s the government increased its advantage in the public service sector while introducing elements of civil to the public sector. Meanwhile, the Pentagon was promoting policies that foster and promote the civil sector in defense of "defense reform law" in terms of the advancement of military operations. The results of the work carried establish schemes for the civil use of resources, which can be protected by legal and institutional supplement, it is determined that you need a dedicated organization for the construction of projects.