• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.6
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• pp.129-138
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• 2019

'Private Garden', is a legal concept that encourages the opening of private gardens to the public. Twenty-five private gardens have registered with the Forest Service since the 2015 policy was enacted. Although it is a positive system in terms of spreading and encouraging garden culture, the exact nature, role, and designation requirements have not been fully discussed. The purpose of this study is to analyze the characteristics of 25 private gardens in Korea. The results of the study noted that the southern region occupied a large part of the geographical distribution of the private gardens, which is due to the natural and climatic conditions, the policies of the local governments, and the discretion of public officials. In addition, the gardens are almost all made up of modern gardens; there was only one house garden from the Joseon Dynasty. The owners of the gardens range from their 50s to 80s in age. The gardens were started because the owner believed it was a good endeavor, but many owners felt that it was difficult to manage the enlarged garden and eventually opened it through as a Private Garden in anticipation of receiving economic support. There are also owners who are willing to revitalize the area. In addition, profits are generated from facilities other than the gardens, and some operate related programs to promote the culture of gardening. For a sustainable Private Garden system, it is necessary to check the registration criteria and establish a clear role in the region. There is also a need for further measures for management and marketing. This study is meaningful as basic research on the Private Garden system that is not yet systematic.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2003.10a
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• pp.1-11
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• 2003

The objectives of this paper are to overview present status of soil pollution in Korea, to review the current policies and management strategies for soil pollution prevention and remediation of contaminated sites, and to suggest some recommendations to be considered toward more efficient policies. Soils in Korea are contaminated mainly by industrial facilities, landfills, underground storage tanks, abandoned/inactive mines, military camps, and other sources. Concentrations of most of soil pollutants were similar to the background levels, except for a few heavily contaminated sites such as industrial sites or abandoned/inactive mines. The Soil Environment Conservation Act (SECA), which was effective from 1995, provides a comprehensive legal framework for both preventing soil pollution and remedying contaminated sites in Korea. The Act includes various management policies such as the designation of standards and soil pollution policy area, soil monitoring networks, management of suspected contamination sources, and extended 'polluter-pays' principle. To make current policies more efficient and reasonable, some policies or strategies such as the establishment of national priority list, more detailed standards, risk-based cleanup goal, fund raise, soil erosion problem, and finally, integrity between soil and groundwater management frameworks may need to be pursued in the long term.

• International Commerce and Information Review
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• v.15 no.4
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• pp.97-122
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• 2013

Korea's trade balance in service showed surplus in 2012 on the basis of BPM5. This is recorded by 14 years since 1999. This owes to decrease of deficit in tourism balance, increase of surplus in construction and transportation, and shift from deficit to surplus, even in small portion, in personal cultural recreational services balance. While externally the global economic growth becomes inactive and the Korean Won has appreciated, internally Korean service industry is very weak and is not equipped with international competitiveness. This study intends to look into service surplus items and services deficit items and to present measures that will be able to strengthen competitiveness in service industry. As a short case study, German and Japan was benchmarked, as they are the countries which are developed on the basis of manufacturing like Korea. And in this study, by analyzing surplus items and deficit items in trade balance sheet, it is attempted to suggest policies which would be available for strengthening service industry. As the service industry is a highly value-added one, it is necessary to designate promising categories and intensively foster as strategic industry. Service industry has their own characteristics distinguished with manufacturing goods. It has very different logistics and payment system with manufacturing industry. It means there must be independent support systems which reflect the nature of industrial classification in service industry. It is necessary to provide export support system, to organize export market development group, to support marketing, to set common logistics center, to support diplomatic means, to provide legal service and so on.

• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

• The Korean Journal of Archival Studies
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• no.9
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• pp.3-40
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• 2004

In this article, the elements usually included in the official documents issued by the Chosun Governor General office, the process of a certain document being put together and legally authorized, and its path of circulation and preservation are all examined. In order to create an official document of the Governor General office with legal authorization, a draft of a bill had to go through several discussions and a subsequent agreement before it was finally approved. Personnels involved in the discussion stage had the authority to ask for modifications and retouching of the draft, and the modifying process were all recorded in order to make clear who was responsible for a certain change or who objected to what at any given stage of the process. The approved version of an official document was called the 'Completed one(成案), and it was issued after the contents were turned into a fair copy by the office that originated the draft in the first place. With the original finalized version left in custody of that office, the fair copy was handed over to the Document department which was responsible for issuing outgoing documents. After the document was issued and the contained orders were carried out, the originally involved offices began to classify the documents according to their own standards and measures for safekeeping, but it was the Document department that was mainly responsible for document preservation. The Document department classified the documents according to related offices, nature of the documents(편찬류별), and most suitable preservation methods(보존종별). The documents were made into books, and documents to be permanently destroyed were handed over to the Account office where they would be demolished. The manners of document processing of the Chosun Governor General office was in fact a modified version of the manners of the Japanese government. Modifications were made so that the process would be more suitable to the situations and environment of the Chosun society. The office's managing process was inherited by the Chosun government after the Liberation, and cast a significant impact upon the document managing manners of the Korean authorities. The official document administration of the Chosun Governor General office marked both the beginning of the colony document administration, and also the beginning of a modernized document managing system.

• Korean Journal of Environment and Ecology
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• v.33 no.3
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• pp.321-332
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• 2019

The purpose of this study is to identify the problems and present the improvement measures by assessing the suitability of planning of provincial natural parks on a legal basis. We assessed the suitability of 29 provincial parks to examine the suitability of park planning (special-purpose district planning and facilities planning) according to the Natural Park Act, implementation of the park projects, and registration of Korea Real estate Administration intelligence System (KRAS) for park management and obtained the following results. In the case of the park nature conservation districts among the special-purpose districts, 24.1 % (7 parks) were not feasible or decided the park facility that was larger than the planned area. The amended law requires the park cultural heritage district as a new special-purpose district, but 41.2% did not designate the district or failed to comply with the standard. Moreover, there was a problem of establishing or announcing the plan that was unsuitable for the management of park village district (former collective facilities district). Although provincial parks are categorized as the restricted area, the park facility plans still focus on regional development and tourism development, and the titles (names) of the park facilities are wrong. The law requires digitalization and disclosure of park plans, but many parks fail to abide by the law. We judge that it is necessary to develop effective provincial park planning and establish the measures to protect and manage the provincial parks.

• The Korean Journal of Archival Studies
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• no.29
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• pp.35-78
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• 2011

This study is intended to recommend for acquisition methods of the theatre collection. Theatre activities is representative of the performing arts, and the Korea theatre history start from the modern history of Korea. In the meantime, theatre collections has already been lost by a lack of effort and management, and scattered most of the collections. In particular, a one-off nature and volatility of theatrical performances make future generations to enjoy the performances and to study should consult the relevant records. Therefore, collecting records can be very serious mission. In this study, theatre collections of the country which aims to collect and analyze the characteristics and type of theatre collections. Based on this information, collection scope, targets, priorities, acquisition level, method of collecting are proposed the following. First, collection scope is defined for the theatre related collections which was performed nationwide in the 1900s, the times that modern theatre was begun. The object includes related information of planning, administration, drama (script), directing, stage design, public relations, production, evaluation, personal records, biographical data, group data and space data. Second, the theatre collections are divided into records and historical records. Priority of collections object is determined by the historical value and the theatre performed by the support of public organization. Third, the acquisition level is divided into archived, mirrored, web linked and database, which is proposed by the determined levels of mandatory, recommend and discretion according to the characteristic of performance. Fourth, acquisition methods are suggested by the general acquisition methods of transfer, donation and purchase as well as the methods of copy, production, legal deposit, entry and web link etc. The acquisition of theatre collections is executed on digital-based environment, and a centralized authority control should be establishmented. And through the development of network with theatre's stakeholders and the cooperation of related organizations, theatre collections acquisition is feasible.

• The Korean Journal of Archival Studies
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• no.47
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• pp.131-159
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• 2016

It has been basic value and fundamental philosophy for a long time for archivists to protect neutrality and objectivity in records management. The demands to maintain objectivity of records management is directly related to protect the administrative and legal evidence of records for fulfilling jurisdictional goal, and more fundamentally, it is related with the intrinsic nature of archives. As an archivists' expertise is seems to be derived from ability to give objective-judge on record value, and candor to organize and classify records. Thus, the international Code of Ethics of archivists stipulates that all such obligations directly or indirectly. However, since Hans Booms and Terry Cook emphasized the social responsibility of archivists and highlighted the social power of archives, the discourse of archival objectivity gets to be given more attention to people. This article, following the cultural anthropologist Clifford Geertz' interpretative methodology theory, examine the archival implications to adopt the theory, particularly from the perspective of objectivity and archival otherness.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.73-83
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• 2021

The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.