• Title/Summary/Keyword: Legal Framework

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An overview of decentralized optimal fault-tolerant supervisory control systems

  • Cho, K.H.;Lim, J.T.
    • 제어로봇시스템학회:학술대회논문집
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    • 1996.10a
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    • pp.358-361
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    • 1996
  • In this paper, we discuss decentralized optimal fault tolerant supervisory control issues on the basis of failure analysis and diagnosis from the angle of discrete event dynamic system. We address the detectability and the observability problems, and develope fault tolerant supervisory control system upon the failure analysis and diagnosis schemes. A complete min-cut is introduced and the procedure for finding the achievable or nonachievable layered optimal legal sublanguages is suggested for a preferential option among the reachable states in the controlled plant. A layered optimal supervisory control framework is proposed upon these. We extend the concept of decentralized supervisory control by considering the problem of combination of decentralized with centralized control in case pure decentralized control happens to be inadequate. We introduce the concept of locally controllable pair and present a hybrid decentralized supervisory control framework. Finally, we propose the analytical framework for a decentralized optimal fault tolerant supervisory control systems.

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International Comparison of Anti-Discrimination Laws on Disability (장애에 관한 차별금지법 국제비교)

  • Ju, Youngha
    • Journal of Digital Convergence
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    • v.19 no.12
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    • pp.469-475
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    • 2021
  • The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

Archival Meaning of Legal Evidence (법적 증거의 기록학적 의미)

  • Seol, Moon-won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.219-235
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    • 2022
  • This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

Legal Foundation of Silicon Valley: Lessons for Asian Hi-Tech Districts

  • Timberman, Alex
    • Asian Journal of Innovation and Policy
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    • v.3 no.1
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    • pp.1-24
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    • 2014
  • Policy planners in Asia readily covet high technology districts and regional systems of innovation such as Silicon Valley. We examine the law's role, by way of covenants not to compete (競業禁止條項) in the development of Silicon Valley by reviewing the literature from 1999 through 2013. The research suggests that in certain high-tech districts such as Silicon Valley, there are greater gains in the innovation of a region by prohibiting CNCs. While we emphasize CNC law as the main legal determinant to Silicon Valley's success, the application of trade secret law and the inevitable disclosure doctrine are also factors that can aid or restrict the mobility and knowledge spillover of a region. Even with much explored, perspectives are lacking from a regional innovation systems analysis, and more so in the context of Asian nations. To tackle these gaps, three analytical frameworks are presented that entails labor law, law and economics, and law and innovation. And from within the law and innovation framework, research is introduced in the hope that future discussions on Asian regional innovation systems consider the legal foundation of Silicon Valley.

A Study on the EU-UK Agreement for New Relations and New Paradigm of International Law for the Korea-EU-UK Relations (EU-영국의 새로운 관계를 위한 협정과 한국-EU-영국의 관계를 위한 새로운 국제법 패러다임에 관한 연구)

  • Bong-Chul Kim;Ho Kim
    • Korea Trade Review
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    • v.46 no.1
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    • pp.155-168
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    • 2021
  • The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

Methodology for digital investigation of illegal sharing using BitTorrent (BitTorrent를 이용한 저작물 불법 공유 조사 방법에 관한 연구)

  • Park, Soo-Young;Chung, Hyun-Ji;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.2
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    • pp.193-201
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    • 2013
  • Sharing copyrighted files without copyright holder's permission is illegal. But, a number of illegal file sharers using BitTorrent increase. However, it is difficult to find appropriate digital evidences and legal basis to punish them. And, there are no framework for digital investigation of illegal sharing using BitTorrent. Additionally, role of server in BitTorrent had been reduced than server in conventional P2P. So, It is difficult to apply investigation framework for illegal sharing using conventional P2P to investigation process of illegal sharing using BitTorrent. This paper proposes the methodology about punishing illegal sharer using BitTorrent by suggesting the digital investigation framework.

A Study for Definition and Classification of Offshore Units (해양시설 용어 정의 및 분류 체계에 관한 일고찰)

  • LIM, Youngsub;KWON, Do Joong;LEE, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.3
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    • pp.689-701
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    • 2017
  • In recent offshore industries, various ambiguous terms have been used without clear definition or classification, causing difficulties in legal, technical, and educational understanding and usage. For an example, the commonly used term of 'Offshore Plant' in Korea is not an universal word technically. There has been no clear technical or legal definition about the 'Offshore Plant' and its classification is also very ambiguous; sometimes it is used to refer offshore oil and gas production platform or it is used to mean offshore renewable power generation plant in some cases. To build a conceptual framework, therefore, this paper suggests a classification of offshore units (1) using internationally agreed terms, (2) agreed with the technical classification used by the ship classification society and (3) being able to include not only the current but also future concepts of offshore units.

A Study on the Improvement of Systemicity and Compatibility in The Framework Act On Science And Technology (과학기술기본법의 체계성 및 정합성 제고를 위한 개정방안)

  • Yoon, Chongmin
    • Journal of Korea Technology Innovation Society
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    • v.17 no.1
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    • pp.95-123
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    • 2014
  • Recently, as the role of science and technology in social domain is more increased and the creative economy becomes a important matter in national development strategy, it is necessary that the improvement of legal system on science and technology for efficiently responding to paradigm shift into Innovation driven science and technology policy. Especially, The Framework Act On Science And Technology as a general and basic norm on science and technology policy is necessary to revise in systematic and substantial aspect in order to correspond with changed environment and current of the times. The Framework Act On Science And Technology was established in 2001 and revised several times, but substantial amendment reflecting the political facts as the need to demand was insufficient because it was revised only related with restructuring the government organization and changing the S&T Policy Coordinating Committee system. And therefore, this paper aims to review the problems and complementary factors and suggest the improvement draft on The Framework Act On Science And Technology. According to study, the revision methodologies are following : first, the Chapter and Paragraph of the law should be restructured to improve the systemicity, next the comprehensiveness, effectiveness, connections with related special laws and compatibility of the law should be complemented by adding the new provision or amending the inadequate provision to improve the position and function as a general and basic norm.

A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

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
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    • v.20 no.1
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    • pp.26-32
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    • 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.