• Title/Summary/Keyword: Legal Framework

Search Result 352, Processing Time 0.023 seconds

Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
    • /
    • v.21 no.12
    • /
    • pp.213-218
    • /
    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

Recent Debates in Attorney-Client related Privilege and Confidentiality in Korea and Its Implications to International Arbitration

  • Joongi Kim
    • Journal of Arbitration Studies
    • /
    • v.33 no.3
    • /
    • pp.3-30
    • /
    • 2023
  • This article provides an overview of the state of attorney-client related privilege and confidentiality in Korea. It reviews the statutory framework, and how Korean courts have analyzed the privilege and confidentiality related to attorneys and their clients. It then examines the legislative initiatives Korea is currently debating with regard to adopting a more common law-style attorney-client privilege (ACP). If adopted, the new legislation will mark a significant milestone in providing guidance on how communications between attorney and client will be treated. Its impact in the context of international arbitration practice and law related to Korea is explored.

A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea -Enhancement of Legal Regime- (연안습지의 효율적 관리를 위한 Mitigation 개념의 한국적 적용방안에 관한 연구 -법제도 개선방안을 중심으로-)

  • Park Seong-Wook;Kwon Moon-Sang;Lee Yong-Hee;Lee Charity Mi-Jin
    • Ocean and Polar Research
    • /
    • v.25 no.4
    • /
    • pp.545-555
    • /
    • 2003
  • It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.

Noise Regulatory Policies in European Countries (유럽국가들의 소음규제 정책)

  • 강대준
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
    • /
    • 1997.04a
    • /
    • pp.376-387
    • /
    • 1997
  • One of the main objectives of noise control act is to define and ensure application and respect of noise exposure limits. Most European countries have prepared a legal framework for noise limits either by national laws, ordinances or municipal by-laws. This paper presents the current European standards.

  • PDF

A study on the construction and application of administrative boundary (행정경계 구축 및 활용방안에 관한 연구)

  • Choi Yun-Soo;Park Ji-Hye;Kwon Jay-Hyoun;Mun Yong-Hyeon
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
    • /
    • 2006.04a
    • /
    • pp.381-386
    • /
    • 2006
  • Currently, 1/5,000 Digital Topographic Map covers the whole country with administrative boundary of Gu, while some region has already been constructed with 1/1,000 digital topographic map has legal boundary of Dong. Here, Dong in 1/1,000 scale represents the legal boundary which is used in the address most of time. Therefore, there is no administrative-Dong yet although it is very useful in various fields. In this study, we suggested a method to construct the administrative boundary extending to the level of Dong empirically. In addition, the practical application of the administrative boundary in GIS is discussed. Two methods are applied to construct the administrative boundary to the level of administration-Dong; using the edited cadastral map and the digital topographic map. When the edited cadastral map is used, some problems such as boundary discordance to superordinate administrative area is appeared. On the other hand, using digital topographic map showed simple construction processes and easy connection with other framework data. Therefore, it is recommended that the digital topographic map should be used in the construction of the administrative boundary It would be useful as framework data in various industries and public operations.

  • PDF

Priorities, Mechanisms and Prospects on Industrial Clusters and Special Economic Zones in Kazakhstan

  • Yespayev, Saken S.
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.1 no.2
    • /
    • pp.15-24
    • /
    • 2014
  • This research investigates the characteristics, principles, advantages, factors and problems of cluster development in Kazakhstan, and identifies the prerequisites, conditions and stages of organizing clusters on the framework of special economic zones. In this research, we used methods, which will allow analyzing of the organization industrial clusters in special economic zones in Kazakhstan. The author studied international experience of cluster development and the efficiency of the use of the model of the "rhombus effect" with account the specific features of interaction between the participants of the cluster, analysis of the legal framework for the formation and development of clusters. These have been identified as the more important or strategically necessary clusters in Kazakhstan: innovation-technological cluster, innovation-education cluster, innovation-petrochemical cluster, innovative-metallurgical cluster, transport and logistics cluster, textile industry cluster, tourism cluster, agro cluster, construction cluster, medical and pharmaceutical cluster. Firstly, the results suggest that the interaction of science, education, business and government in the development and implementation of innovation policy is not sufficiently structured to provide a balanced representation of the interests of the range of various innovative enterprises in Kazakhstan. Secondly, the legal basis of cluster development in Kazakhstan is determined. Need to develop mechanisms for the implementation of promising direction. Thirdly, the clusters can be formed in the existing special economic zones, allowing them to get right to the mass production of high-tech products that are developed.

Current Issues & Prospects of International Space Law

  • Zwaan, Tanja Masson
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.25 no.1
    • /
    • pp.237-259
    • /
    • 2010
  • This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

  • PDF

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
    • /
    • v.28 no.1
    • /
    • pp.3-21
    • /
    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

The Paradigm Shift of Intelligence Information Society: Law and Policy (지능정보사회에 대한 규범적 논의와 법정책적 대응)

  • Kim, Yun-Myung
    • Informatization Policy
    • /
    • v.23 no.4
    • /
    • pp.24-37
    • /
    • 2016
  • An Intelligent information society means intelligent superconducting society that goes beyond information society where information is centered. Now that artificial intelligence is specifically discussed, it is time to start discussing the laws and systems for intelligent information society, where artificial intelligence plays a key role. At some point it may be too late to cope with singularity. Of course, it is not easy to predict how artificial intelligence will change our society. However, there are concerns on what kind of relationship should humans build with AI in the intelligent information society where algorithms rule the world or at least support decision making of humans. What is obvious is that humans dominating AI or ruling out AI will not be the answer. Discussions for legal framework to respond to the AI-based intelligent information society needs to be achieved to a level that replaces the current human-based legal framework with AI. This is because legal improvement caused by the paradigm shift to the intelligent information society may assume emergence of new players-AI, robots, and objects-and even their subjectivation.

A Performance by New Technology Investment and Legal System Operation in Government Organization (정부조직 내 신기술 투자와 ICT 법·제도 운영에 따른 성과 연구)

  • Jung, Byoungho
    • Journal of Digital Convergence
    • /
    • v.17 no.6
    • /
    • pp.133-144
    • /
    • 2019
  • The purpose of this study is to empirically examine the ICT legal system and the ICT performance by new technology's investment for government organizational changes. I will show the impact of government ICT investment interest, competency, convergence and process change, and then present policy direction. A research method used the structural equations. As a result of analysis, ICT investment interest and operational competency showed the negative impact the ICT legal system and the role change of ICT process and convergence of new technologies showed the positive impact. The Framework Act on National Information showed the positive impact on organizational performance, but the E-Government Act showed the negative impact. The contribution in the study expanded organization research from MIS perspective, and each organization is required the conflict resolve by ICT investment. A future study will require longitudinal study of ICT capabilities from previous to present government.