• Title/Summary/Keyword: Legal Information

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Legal Research on FinTech Regulatory Sandbox Fostering Financial Innovations in Korea (핀테크 활성화를 위한 규제 샌드박스의 도입 방안 연구)

  • Ko, Young-Mi
    • Journal of Legislation Research
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    • no.53
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    • pp.213-267
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    • 2017
  • Regulatory barrier is considered most challenging out of all FinTech barriers, which many technology innovators have always experienced. Even though technological solutions promise customers accessibility to more cost-effective and secured financial services, it is quite challenging to create regulatory environment that enables innovation FinTech industry. Especially, a common challenge FinTech innovators and business face is regulatory uncertainty and confusion rather than any particular regulation. Since many FinTech models are continuously introducing new innovative ways in providing financial services, significant confusion could be raised in applying principles of existing law and regulations. In addition, it is uncertain whether or not applying complex regulatory compliance model intended for large financial institutions to small start-ups is appropriate since most existing regulations and rules are established and introduced without considering innovative tools such as mobile instruments, e-trade, and internet. Therefore, new mechanism to access to regulatory information in a more cost-effective, quick and immediate way should be created. Regulators, technological innovators, and financial customers should cooperate each other to find out appropriate solutions for those issues. Many regulators are introducing regulatory sandbox which provides service providers with opportunities to test their innovations, during the test, providing regulators with enough time to understand risks of innovations. However, regulatory sandbox is not a panacea for all challenges to FinTech innovations. Therefore, regulators should make comprehensive and multidimensional efforts including regulatory sandbox in supporting FinTech ecosystem.

A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

A Study on the Spill-over Economic Effect Analysis of Cultural and Creative Industries in Henan Province, China (중국 허난(河南)성 문화창의산업의 경제적 파급효과 분석)

  • Zhang, Binyuan;Jia, Tingting;Bae, Ki-Hyung
    • The Journal of the Korea Contents Association
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    • v.21 no.7
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    • pp.363-373
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    • 2021
  • The purpose of this research is to analyze the Spill-over economic effect of the cultural and creative industries(CCI) in Henan Province, China. The research object is the CCI of Henan Province, which is mainly based on five sectors out of 42 industries in the industrial association table of the Statistical Bureau of Henan Province, China in 2017 (culture, sports; recreation and research sector; experimental development and integrated technical services sector; information transmission, computer services and software sector; education sector, etc), and is analyzed through secondary integration and redefinition of the CCI of Henan Province. Through the analysis of Henan Province Industry Association Table, this paper provides some enlightenment to the future direction of the cultural and creative industries. The main analysis results are as follows. The total production inducement of the CCI in Henan province is 48,848 billion yuan, and in particular, the production inducement coefficient of the industry in Henan province is 2.72809, 2.23909 (total of columns and rows), Index of the power of dispersion is 0.26325, and the index of the sensitivity of dispersion is 0.87535. Income induction coefficient is 0.55211, production tax induction coefficient is 0.09291. Because CCI of Henan Province has full development potential, the government needs to provide active support and policy support, in addition to the need for legal provisions and supervision of market management. In order to improve the innovative development of the CCI, it is necessary to develop a new model of "CCI+X".

A Study constructing a Function-Based Records Classification System for Korean Individual Church (한국 개(個)교회기록물의 기능분류 방안)

  • Ma, Won-jun
    • The Korean Journal of Archival Studies
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    • no.10
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    • pp.145-194
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    • 2004
  • Church archives are the evidential instruments to remember church activity and important information aggregate which has administrative, legal, financial, historical, faithful value as the collective memory of church community. So it must be managed necessarily and the management orders are based on the Bible. The western churches which have a correct understanding about the importance of church records and management order have taken multilateral endeavor to create, manage church archives systematically. On the other hand, korean churches don't have the records management systems. Therefore, Records created in individual church are mostly managed unsystematically and exist as 'backlogs', finally, they are destructed without reasonable formalities. In those problems, the purpose of this study is to offer the way of records classification and disposition instrument with recognition that records management should be done from the time of creation or previous to it. As a concrete device for them, I tried to embody the function-based classification method and disposal schedule. I prefer the function-based classification and disposal schedule to the organization and function-based classification to present stable classification and disposal schedule, as we can say the best feature of the modern organization is multilateral and also churches have same aspect. For this study, I applied DIRKS(Designing and Implementing Recordkeeping Systems) manual which National Archives of Australia provide and guidelines in ICA/IRMT series to construct the theory of the function-based classification in individual churches. Through them, it was possible to present a model for preliminary investigation, analysis of business activity, records survey, disposal schedule. And I took an example of 'Myong Sung Presbyterian Church' which belong to 'The Presbyterian church in Korea'. I explained in detail codifying process and results of preliminary investigation in 'Myong Sung Presbyterian Church', analysis of business activity based on it, process of presenting the function-based classification and disposal schedule got from all those steps. For establishing disposal schedule, I planned 'General Disposal Schedule' and 'Agency Disposal Schedule' which categorized 'general function' and 'agency function' of an agency, according to DIRKS in Australia and ICA/IRMT. And for estimation of disposal date I had a thorough grasp of important records category presented in 'Constitution of General Assembly', interview to know the importance of tasks, and added examples of disposal schedule in western church archives. This study has significance that it was intended to embody 'the function-based classification' and 'disposal schedule' suitable for individual church, applying DIRKS in Australia and ICA/IRMT on absence of the theory or example which tried to present the function-based classification and disposal schedule for individual church. Also it is meaningful to present a model that can classify and disposal real records according to the function in individual church which has no recognition or way about records management.

Militarization of Space and Arms Control

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.443-469
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    • 2018
  • In the sixty year since the first launch of Sputnik 1, it has become impossible to consider economic, political, or scientific human life in the communication field without reference to outer space. But, there is a growing groundswell of public opinion aimed at preventing arms race in space. Therefore it is necessary to establish some institution or mechanism such a code of conduct, international law. But every nation has a different posture on the grounds of national interest, or different levels of space development, the conditions required for the successful negotiation of a comprehensive treaty are not yet ripe. It is hoped that by beginning with soft measures (TCBM, Code of Conduct) for which it is easier to secure voluntary participation it may be possible to build up to a comprehensive treaty. The participation of the Space powers (US, Russia, China) in a dialogue of mutual exchange and shared information would contribute to international peace and give a long term benefit to humankind. It is also necessary to promote partnership through regional and bilateral cooperation. We should guide and shape opinion so that more nations ratify and sign existing international legal covenants in order to contribute to the efficency of Space law. International law needs to enforce PAROS and Space Security.

An Design of Analyzing Process by Construction Extension of Time (공기연장 분쟁의 공사기간 분석 프로세스 설계에 관한 연구)

  • Kim, Beop-su;Seong, Gi-gang;Bae, In-ho;Bang, Hong-soon;Choi, Hyeong-jin;Kim, Ok-kyue
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.4
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    • pp.104-113
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    • 2019
  • Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.

Supporting plan of disabled welfare center for the Disabled in Securing the Maternity Rights (Pregnancy·Childbirth·Child Rearing) of Disabled Women from a Gender-Sensitive Perspective (성인지적 관점의 여성장애인 모성권(임신과 출산,자녀양육)보장을 위한 장애인복지관의 역할)

  • Choi, Sun-kyoung
    • Journal of Digital Convergence
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    • v.16 no.12
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    • pp.97-107
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    • 2018
  • According to the 2017 national survey of the disabled persons conducted by the Ministry of Health and Welfare, rehabilitation centers for the disabled appeared to be the service agency that disabled women use the most. This means that rehabilitation centers for the disabled hold an important role in securing the maternity rights of disabled women. However, in the practice of welfare for the disabled, programs for securing maternity rights are inadequate, and the actual condition is not being surveyed. As a result, programs related to maternity rights based on the legal basis exist, but actual support services for resolving the difficulties related to maternity rights that disabled women experience are inadequate. Thus, the study suggests that rehabilitation centers for the disabled should pay a central role in establishing the maternity rights of disabled women and provide support services such as developing a manual on basic information about pregnancy, childbirth, and child rearing, offering childbirth-related counseling, activating a self-help group, providing an individualized program for families, connecting with medical institutions, and supporting case management.

Reasonable Adjustment plan of Administrative boundary for Cadastral Re-examination district - Based on the result of Cadastral resurvey in Songgi-ri - (지적재조사사업지구 내 행정구역경계 합리적 조정방안 - 지적재조사사업 송기지구 중심으로 -)

  • Kim, Honng-Ryeol;Heo, Tae-Heon;Lee, Keon-soo
    • Journal of Cadastre & Land InformatiX
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    • v.48 no.2
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    • pp.31-49
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    • 2018
  • The boundaries of administrative districts are the basic system for the whole country and are closely related to the daily life of the residents. The administrative boundary of Korea is registered and managed in the cadastral study based on the intellectual study of cadastral system. There is a non-conforming land where the registration details of some cadastral studies do not match the actual situation of the land, and the cadastral rehabilitation project is implemented as a national project to create a new digital cadastral study. However, due to the cadastral rehabilitation project, there is an unreasonable parcel that the past administrative boundaries and newly registered boundaries are different from each other due to the registration of the past administrative boundaries for the newly registered cadastral studies. The purpose of this study is to identify the unreasonable administrative boundaries arising from the cadastral rehabilitation project and to identify problems in order to effectively manage the number of branches in terms of administrative and administrative efficiency in terms of registration and inhabitants management. It is expected that the legal system will be improved to legitimately control the boundary of the administrative district and to manage the boundaries of the administrative district accordingly and to provide the service and to solve the inconvenience of the nation.

Study on Legal Regulations for Utilization of Drone in Private Security (민간경비에서 드론 활용과 법적 규제에 관한 연구)

  • Kim, Kye Won;Seo, Jin Seok
    • Convergence Security Journal
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    • v.17 no.5
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    • pp.163-178
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    • 2017
  • Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.

A Study on the Records of Presidential Impeachment in 2004 in the Public Domain (공공영역의 2004년 대통령 탄핵사건 기록)

  • Oh, Myung-Jin
    • The Korean Journal of Archival Studies
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    • no.32
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    • pp.45-78
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    • 2012
  • The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.