• Title/Summary/Keyword: Legal System

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A study on the legal structure of the nuclear law system using social network analysis (사회 연결망분석을 활용한 법제 네트워크 구조에 관한 연구: 원자력산업의 관계 법령정보를 중심으로)

  • Jeon, Jieun;Lee, Sanghoon
    • Journal of Digital Convergence
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    • v.17 no.8
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    • pp.47-60
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    • 2019
  • The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

A Study on the Legal System of Compensation for Fishery Loss caused by Public Works (우리나라 어업손실 보상제도에 대한 정선방안 연구;-법제도를 중심으로-)

  • 이원갑
    • The Journal of Fisheries Business Administration
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    • v.25 no.1
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    • pp.19-35
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    • 1994
  • The objective of this study is to analize the system of legal compensation for the fishery loses caused by public works and to suggest alternatives on the current compensation system. Korea government has been performing reclamation activities in coastal region to conduct farm, urban and industrial area, and such activities are still going on in Yeongjongdo airport area, Saemangeum area and so on. Reclamation interrupts fishing activities in or around the reclaiming area, therefore, the compensation for fishery losses incurred by fishermen should be made. The system of legal compensation in Korea, however, is based on the land compensation, and the regulation of the compensation for fishery losses in the Fishery Act can not be applied for the compensation of public works because the procedure of the compensation in the Fishery Act is different from its cause of action. Therefore, this study is caried out to suggest a resonable compensation procedure and to provide a basis for establishing legal system.

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A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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The Present State and Subject of Health Care Law System in Korea (우리나라 보건의료법의 현황과 과제 - 법정책학적 연구방법론을 중심으로 -)

  • Cho, Hyong Won
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.237-271
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    • 2013
  • There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

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A Study on the Activation Plan for Legal Deposit in National Assembly Library of South Korea: Focusing on Thesis and Dissertation (국회도서관 납본 활성화 방안에 관한 연구 - 디지털 학위논문을 중심으로 -)

  • Lee, Seungmin
    • Journal of the Korean Society for Library and Information Science
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    • v.53 no.4
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    • pp.73-93
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    • 2019
  • This study empirically analyzed the recognition and current status of university libraries related to the legal deposit of thesis and dissertation and investigated the ways to activate legal deposit to National Assembly Library. As a result, most universities conduct legal deposit of thesis and dissertation. However, most librarians face difficulties resulted from the duplication of deposits to many institutions. In the case that the deposits are not made, the main reasons are the university library's policies, duplication and inefficiency of the deposit procedures, and the limitation of obtaining copyright agreements. In order to address these limitations and to maximize the social and informational values of thesis and dissertation, this research proposed approaches to legal deposit of thesis and dissertation, including strengthening digital deposit system through the establishment of independent legal deposit law, preparing the effective ways of preservation. constructing an integrated deposit system, and developing professional collection of thesis and dissertation which can consolidate National Assembly Library.

A Study on GMO Legal System and the Problems of its Management in China (중국 GMO 법률 운영체계 및 관리정책의 문제에 관한 연구)

  • Yoo, Ye-Ri
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.345-366
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    • 2008
  • The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

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A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology (정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고)

  • Kim, Hyun-Kyung
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

Application of Text Mining for Legal Information System: Focusing on Defamation Precedent (법률정보시스템을 위한 텍스트 마이닝 적용 방안 - 명예 훼손 판례를 대상으로 -)

  • Kim, Yong Hwan
    • Journal of the Korean Society for Library and Information Science
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    • v.54 no.1
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    • pp.387-409
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    • 2020
  • Precedents are data containing various types of information. In this study, I proposed a method to be utilized as legal information system for the public using automatic text analysis performed on precedents. It is carried out to analyze the defamation precedent using reference provision, judgment issues, major points of judgment, and reference precedents. As a result of the analysis, legal provisions used in defamation, key issues covered by defamation, and key cases are extracted. Although only applied to the Supreme Court case regarding defamation, the proposed methodology could be applied to various legal topics.

Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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Study on the Civil Legal Remedies against Cyber Defamation

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.3
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    • pp.93-100
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    • 2018
  • Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.