• Journal of Digital Convergence
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• v.17 no.10
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• pp.67-75
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• 2019

As 4th industrial revolution has emerged as a hot topic, the blockchain technology capable of enabling super intelligence as a premiere has been an attracting attention. With the interest in blockchains, various platforms using blockchains are emerging. Reflecting this trend, several countries including US, EU, China, and Japan are preparing blockchain and related laws or amending existing laws. In Korea, the platform business based on blockchain is being done, but the related laws are insufficient. In this study, we first present the legal system of the blockchain, examine each component, and then compare the current state of the legal system in US, EU, China, and Japan based on the blockchain legal system. Finally, we propose a brief improvement plan of the legal system for industrial development by commercialization of blockchain. In the future, we would like to study the individual legal system about the blockchain.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.235-253
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• 2000

As to the sphere of application, Article 78 CISG undoubtedly applies to interest on the purchase price. Furthermore, the provision also applies to "any other sum that is in arrears". This language has been interpreted to encompass expenses that one party had on behalf of the other as well as reimbursements when the purchase price is reduced according to Article 50 CISG. However, it is questionable whether this language also extends to claims for damages. Legal scholars seem to agree that one has a right to interest on damage claims under Article 78 if the amount in question has been liquidated vis-a-vis the other party. Whether this right to interest also applies to unliquidated sums, is controversial, however. In this study, as a result of taking into account the puspose of Article 78, we could find the fact that regardless of whether the exact amount of damages has been specified yet, the breaching party still owes compensation to the other party from the time of the breach and, accordingly, the non-breaching party should be entitled to interest payments on the loss from that time. Consequently, Article 78 applies not only to liquidated but also to unliquidated damages.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.35 no.4
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• pp.69-79
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• 2019

The purpose of this study was to analyze legal characteristics and issues of an underground pedestrian connection, which is a very useful tool to create 3D pedestrian networks and the vibrant underground environment. To do this, this paper explored the related laws to install the connection and analyzes 74 cases of Jung-gu, Seoul to find major issues. Then, it defined the legal characteristics in terms of not only the laws but also property law in Korea, thereby suggesting the improvement schemes. As a result, this paper concluded that the connections can be installed by an Urban Planning Facility or a Road Occupation Permit, but should be considered their public interest. In addition, exactions or fees for the permit should be carefully implemented based on the characters of the connection.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.129-162
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• 2008

Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.17 no.2
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• pp.52-61
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• 2009

In Korea, there is great lack in jet lease agreements compared to many other countries. Due to such scarcity in numbers of jet lease agreements, problems have never truly surfaced and legal foundation dealing with such issues have not yet been formulated. However, as the globalization is making the world smaller and smaller, the demand for jets will grow. As the Korean aviation industry is expanding tremendously, although very preliminary at this time, the interest and actual execution on private jet lease agreements will grow. The prediction of increase in the private jet ownership is causing the lease industry to be nervous and may require particular preparatory foundation works. Particularly, legal analysis and detailed review maybe necessary to set a precedent with will serve as the grounded rule in the future. It is notable that Vietnam, a country which is believed have a less developed aviation industry than Korea, had already established a specialized jet leasing company, VALC in 2007. Also, when leasing an airplane from a foreign financial institution, it is possible to obtain a government issued guarantee. Therefore, it is urgent for Korea to prepare the legal foundation for the future demands in aviation leasing, as well as private jet leases which in turn would promote national wealth and further develop the financial industry.

• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• Journal of Digital Convergence
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• v.15 no.1
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• pp.45-52
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• 2017

According to the change in media environment, a support plan for local broadcast has been required. In terms of legal and institutional support for the development of local broadcast, the enactment of special Act for local broadcast has become a breakthrough. In this point of view, we analyzed the performance and the limitation of the special Act. As a literature research, analyzing the literature and related-ordinances, we have sought legal and institutional support plans for the local broadcast. As a result, with the Local Broadcast Development Council being in charge of legislative right and responsibility, a plan to empower them to have legal and institutional authority should be drawn; another plan to secure independence in operating a fund and to promote the capability to produce local broadcast programs and the distribution system should be drawn; the other elaborate plan for the locality index that assesses the locality is required. Local broadcast should be on a way to secure not only public interest and concern but locality and diversity; legal and institutional plans should be sought.

• Journal of Digital Convergence
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• v.17 no.6
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• pp.133-144
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• 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.

• Journal of Information Processing Systems
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• v.18 no.2
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• pp.245-257
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• 2022

In the Internet of Things (IoT) era, the types of devices used by one user are becoming more diverse and the number of devices is also increasing. However, a forensic investigator is restricted to exploit or collect all the user's devices; there are legal issues (e.g., privacy, jurisdiction) and technical issues (e.g., computing resources, the increase in storage capacity). Therefore, in the digital forensics field, it has been a challenge to acquire information that remains on the devices that could not be collected, by analyzing the seized devices. In this study, we focus on the fact that multiple devices share data through account synchronization of the online platform. We propose a novel way of identifying the user's interest through analyzing the remnants of targeted advertising which is provided based on the visited websites or search terms of logged-in users. We introduce a detailed methodology to pick out the targeted advertising from cache data and infer the user's interest using deep learning. In this process, an improved learning model considering the unique characteristics of advertisement is implemented. The experimental result demonstrates that the proposed method can effectively identify the user interest even though only one device is examined.

• Industry Promotion Research
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• v.8 no.4
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• pp.241-250
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• 2023

In investigating missing persons cases, the focus is on strengthening the efficiency of detectives' work in investigating missing persons cases. Disappearance cases are seen as a problem that directly affects social safety and individual well-being. The research has the following structure. The introduction presents the necessity, scope, and methodology of the study. Next, we analyze the definition, causes, types and actual conditions of disappearance cases. In terms of problems in the process of handling missing persons cases, the initial response process, problems in the response of related agencies after reporting, problems due to the prolongation of the case, and problems due to legal restrictions are analyzed. In the plan to improve the work efficiency of detectives for disappearance cases, the revitalization of public interest investigation networks, strengthening of capacity related to disappearance case investigation, professional public interest detective certification system, and establishment of exception provisions for detective activities are discussed. In the conclusion, we present what is necessary for the activities of public interest detectives specializing in missing persons cases.