• Title/Summary/Keyword: Legal Interest

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A Study on User Needs for Public Access to the Supreme Court Library of Korea (법원도서관의 대국민서비스 개방에 따른 이용자요구 분석연구)

  • Kwak, Seung-Jin;Noh, Younghee
    • Journal of the Korean Society for Library and Information Science
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    • v.52 no.3
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    • pp.215-246
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    • 2018
  • As a law library representing the Department of Justice, the Supreme Court Library of Korea collects various domestic and foreign legal information and aims to become more publicly accessible. In 2018, after its relocation to Goyang, Korea, the library has initiated check-out services to citizens and is currently developing a plan to provide services in the legal field. In this study, we have assessed the current situation at the Supreme Court Library as well as public libraries in Goyang. Furthermore, we have surveyed future users and legal experts to formulate a proposal for optimal literary composition and spatial composition, as well as library arrangement. Survey participants expected extensive provision of legal information regarding legal professions and the general public. There was a significant difference in opinion between legal experts and users with respect to resources for the public; general citizens desire more materials related to general topics whereas legal experts expect more law-specific resources such as information regarding judicial precedents and court decisions, research articles. Furthermore, 80% of users expressed interest in utilizing the library; therefore, active efforts to improve its facilities will lead to successful operations of the library.

Аnalysis of Venture Capital Trends in Russia

  • Chernova, Vera
    • International Journal of Advanced Culture Technology
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    • v.4 no.3
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    • pp.1-5
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    • 2016
  • The article discusses creation and development of venture investment mechanism in Russia. We analyze some tendencies of venture capital funds functioning which should be focused on the financing of development and production of high-tech products, for the period from the creation of the first funds of venture capital investment in 1994 to 2015. The study results may be of interest for business angels and venture capital funds, as well as for public authorities regulating the legal mechanisms to facilitate such investors.

Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

Wild Ginseng Digger's Digging Custom and Its Special Servitude of Korean Civil Act (산삼 심마니 채삼 관습과 민법상 특수지역권)

  • Byungil Bae
    • Journal of Ginseng Culture
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    • v.5
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    • pp.77-96
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    • 2023
  • This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

Expand public interest of Private Security activities (민간경비 활동의 공익성 확대 논의)

  • Gong, Bae Wan;Park, Yong Soo
    • Convergence Security Journal
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    • v.14 no.1
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    • pp.3-10
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    • 2014
  • Private security organizations are complementary to the national safety of life and property of individuals as a social role to play in maintaining peace and order. Pursuit of profit is to the public practice according to the logic of capitalist markets and customers seeking to protect the lives and property. However, the legal and institutional constraints of private security is being requirements inhibited by the development. Crime prevention as a private security role that the private companies, which will pursue the public interest. After all, the expansion of the private security crime is results in an increase in unit. The current level of private security in the 1970s remain, and the constraints is being under goodwill and expertise outside of the training system on the market. Variety of crimes, including cyber crime increases and considering the reality of the constraints on private security requirements are able to improve or supplement shall be realistic. In particular, the legal, regulatory and institutional factors must be improved, with goodwill, and for the creation of new industrial policy as a complement to the public interest should be also provided. The private security law interests through integration of private security guards should be guaranteed, and the term of the theorem, sales activities, ensuring the training of professional staff with professional qualifications system is to be settled. As a private security guard industry growth and development can be based on this composition.

An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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The Understanding of Elementary Pre-Service Teachers' on Legal Units (초등 예비교사들의 법정계량단위에 대한 이해)

  • Kim, Sung-Kyu;Kong, Young-Tae
    • Journal of Science Education
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    • v.33 no.1
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    • pp.111-121
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    • 2009
  • The purpose of this research is to survey elementary pre-service teachers' in understand the legal Units, focusing on seven basic unit such a 'm', 'm2', 'L', 'kg', 'K', 'cd', 's'. This study specifically investigates whether the students understand the legal units. The subjects were 1096 students from the University of Education in Jinju, Gyeongnam. Data was collected through a questionnaire which was designed by this research and checked by authority, and the frequency and percentage of responses to each question were obtained and analysed. The survey was the legal units on interesting, using the experience of confusing and understanding of elementary pre-service teachers. The Korea Government is regulating using traditional measures such as 'pyeong' or 'don' in commercial transactions change to adopt the metric system for as a subsidiary the first of July, 2007. The interesting of the legal units dose not exceed a positive answer to the question 52.1%. Their were answered that the experience of the confused of 60.1% in the life. How to do efforts for the settle down of the legal units that answered broadcasting>in class>a campaign>study and training by an academic year in oder. Findings show regardless of academic year, gender and from the department of liberal arts or the science department all the students knew very well that 'm' '$m^2$', 'L', 'kg' are included in the legal units, compared to the others low percentage of 'K', 'cd' and 's' the legal units. In case of time(s), women has correct answered 2.7 times than man. In case of academic year, except for the third-year students was not to exceed 50%. In case of from the department of liberal arts or the science department contrary to one's expectations increase of 50% or more correct answer while half the students scored in science. The elementary pre-service teachers are seems to thinking separate the legal units with their in university life. Also elementary pre-service teachers are the lack of interest on society. Their should be for settle down of the legal units through learning to class in university, newspapers, strengthen publicity activities of broadcast media's further more by maintenance efforts of the government.

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The change of perspective on brain death, euthanasia and withdrawal of the life supporting medical treatments in Korea for pediatric patients (국내외 뇌사, 존엄사와 안락사에 대한 인식의 변화와 윤리 - 소아를 중심으로)

  • Kwon, Ivo
    • Clinical and Experimental Pediatrics
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    • v.52 no.8
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    • pp.843-850
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    • 2009
  • A recent High Court's decision regarding the withdrawal of life supporting medical treatment (artificial ventilator) from an elderly female patient in the terminal stage has opened up a new era of the "euthanasia dispute" in Korea. With this decision, the legitimate withdrawal of life supporting treatment became possible under certain conditions and the Korean Medical Association is working toward the establishment of practical guidelines for the terminal-stage patients. However, there are still very few debates on the cases of pediatric patients in the terminal stage or suffering from fatal diseases. For pediatric patients, the core principle of autonomy and following procedure of "advance directives" are hardly kept due to the immaturity of the patients themselves. Decisions for their lives usually are in the hands of the parents, which may often bring out tragic disputes around "child abuse", especially in Korea where parents have exclusive control of the destiny of their children. Some developed countries such as the U.S.A., the U.K. and Canada have already established guidelines or a legal framework for ensuring the rights of the healthcare system regarding children suffering from severe illness, permitting the withdrawal of Life supporting medical treatment (LSMT) in very specific conditions when the quality of life of the children is severely threatened. For the protection of the welfare and interest of the children, we should discuss this issue and develop guidelines for the daily practice of pediatricians.

A Socio-demographic Study on Foreign Residents in France: A Preliminary Study for the Statistical System of Foreigners in South Korea (프랑스 거주 외국인에 관한 인구사회통계: 우리나라 외국인통계제도정립을 위한 예비적 고찰)

  • Renucci, Florence;Hwang, Myung-Jin
    • Korea journal of population studies
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    • v.31 no.2
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    • pp.157-189
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    • 2008
  • This study aims at exploring some statistical aspects in response to the increase of foreigners and immigrants within the population of Korea. Such an interest conducts our case study of France with regard to the census and legal systems that restrict definition and measures of foreign population in the country. This study also explores historical background, legal entities and authorities involved in policy-related decision making in census and other statistics, and processes of statistical production on the concerned population. Also, an importance of statistical contributions to the immigration policies is discussed.

Factors Affecting Satisfaction of Customers' Savings Deposit in the Context of COVID-19: Evidence from Vietnamese Commercial Banks

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LE, Xuan Thuy
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.369-376
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    • 2020
  • Credit capital from customers' savings deposit (CSD) of banks has an important meaning in the business activities of the banking industry. There are many factors that influence the CSD satisfaction with banks. Certain changes have been made when there are fluctuations due to COVID-19. The article is based on an analysis assessing the factors that influence the CSD satisfaction of Vietnamese commercial banks in the context of COVID-19. The authors use a sample of 1,639 CSD. The results show that there are three variables that positively affect CSD satisfaction, including legal provisions of the Central bank (Legal), policies and mechanisms of commercial banks (Policy), and products of commercial banks (Product). Accordingly, in order to contribute to strengthening this capital mobilization of savings deposit, the Central bank of Vietnam needs to play a pivotal role in the regulations of the banking system to ensure its stability; control well monetary policy, interest rates, and inflation to keep a stable position in the economy; and provide timely financial support packages to enhance the confidence of CSD. Moreover, Vietnamese commercial banks need flexible policies and mechanisms to stimulate CSD; strengthen support on deposit rates for CSD; and diversify products to easily adapt to each CSD's situation.