• Title/Summary/Keyword: Legal and Institutional Countermeasures

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A Study on the Legal Policy Problems and Countermeasures about Conflicts of Interest (연구 관련 이해상충에 대한 법정책적 문제와 대응방안에 관한 연구)

  • KIM, EUNAE
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.165-206
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    • 2018
  • Researchers, Institutional Bioethics Committee(IBC)/Institutional Review Board (IRB) members, Research Institutions that have multiple interests in relation to research should ensure that conflicts of interest(COI) do not arise in making professional judgments. In other words, according to the role that must be performed or the obligation to fulfill it, the primary interest, which must be considered or should be prioritized, should not be affected by the secondary interest. Therefore, standards and methods should be prepared so as to prevent and solve the problems of COI that have arisen, and the basic matters on standards and methods should be clearly defined in terms of the law and policy so that all parties such as Researchers can understand and follow them. In order to establish a more realistic legal policy, it is necessary to grasp the current situation. Therefore, I have reviewed results of the questionnaire survey and interview conducted for the administrative staff of IBC/IRB to confirm their opinions on legal policy problems related to COI and countermeasures for resolving them. Also, I have reviewed the main contents of issued by the US Department of Health and Human Services in order to assist in the preparation of domestic legal policy about conflicts of interest. Finally, I have analyzed the present state of domestic legal policy in relation to the Researcher's COI, the IBC/IRB member's COI, and Institutional COI and suggested way to improve it.

A Study on Unconscionability as an Exception to the Independence Principle under Bank Guarantees (은행보증의 독립성 예외와 "비양심성"에 관한 연구)

  • Jing-Ik Chae
    • Korea Trade Review
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    • v.47 no.5
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    • pp.115-128
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    • 2022
  • This paper reviewed "unconscionability" as an exception to the independence principle of bank guarantees. Apart from fraud which has been recognized in most international jurisdictions, Uuconscionability would also be recognized as the exception to the legal principle, the so-called "fraud rule" or "an abuse of rights." Unconscionability exception is applied in the same manner as fraud and other exceptions to the principle of independence. The exception should allow guarantor to dishonor the drawings that abuse the independence principle. However, outright or manifest facts of the unconscionability must be established in order to apply the exception. Lots of arguments or conflicts may be caused in applying the unconscionability exception. Therefore, this study aims to prevent institutional abuses or to reduce the disputes from setting up the legitimate scope and standard for application of the exception by reviewing these procedural issues and problems under bank guarantee transactions. This paper also suggested practical implications and countermeasures for the institutional application.

Analysis on Response System against International Maritime Terrorism : Using Analytic Hierarchy Process(AHP) Method (국제해상테러 대응체계의 우선순위 분석 : 계층적 의사결정기법(AHP)을 이용하여)

  • Oh, Tae Kon
    • International Area Studies Review
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    • v.17 no.4
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    • pp.181-202
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    • 2013
  • After the Cold War, international terrorism and related issues have been the most urgent problems. However, Korea hasn't recognized this seriousness due to relatively slight damage. Yet the interest about the international maritime terrorism and related issues is increasing as the maritime terrorism issues emerged. This is because Korea is located next to three oceans and majority of international trades depend largely on international maritime transportation due to its scarce natural resources. Therefore this study has the purpose that it reviews the advanced researches and documents, analyzes the priority about response system against international maritime terrorism, suggests the practical solutions. For these purposes, it conducted Delphi technique to international maritime terrorism experts with response system factors selected among the advanced researches and documents. As the result of analysis, this study figured out that legal and institutional countermeasures are needed as international measures, strategic countermeasures are needed as domestic measures to set up the response system against international maritime terrorism. Synthetically, for the efficient and practical counteract against international maritime terrorism, the response institute against international maritime terrorism and the awareness of relevant experts are preferentially necessary.

Research on the limiting factors and countermeasures of the virtual asset industry (가상자산 산업의 한계요인과 대응방안 연구)

  • Yoo, Soonduck
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.21 no.1
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    • pp.19-26
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    • 2021
  • The purpose of this study is to provide an environment that can support the development of the virtual asset industry. The limiting factors and countermeasures currently possessed by the virtual asset industry were considered in terms of legal and institutional aspects, technical aspects, and market aspects.Small businesses classified as virtual asset operators have difficulty meeting the government's requirements.Accordingly, SMEs with insufficient funds and manpower are withdrawn from the market, creating an environment where only large-scale enterprises with capital power survive.It is difficult to develop desirable technologies and markets in the virtual asset technology industry. In addition, small and medium-sized companies may be expelled from the market, causing damage to current users. Therefore, in terms of legal and institutional aspects, there is a lack of an exact scope of virtual asset providers, and thus it is necessary to respond to the controversial elements of virtual asset providers. In terms of technology, it is necessary to cope with the slowdown of the P2P method, the difficulty in recovering errors, and the absence of operational experts. Therefore, technology standardization and stabilization are required, and efforts must be made to cultivate operational technical personnel who can support them.In terms of the market, it is necessary to prepare measures to protect users of virtual assets and to establish countermeasures for companies operating virtual assets against weak user protection, inadequate application of the AML method, and limitations of taxation. This study is expected to contribute to active utilization support or related policies in the virtual asset industry.

Significance and Future Direction for Designation and Management of Landslide-Prone Zones (산사태 취약지역 지정·관리 제도의 의의와 향후 과제)

  • Kim, Suk Woo;Chun, Kun Woo;Kim, Kyoung Nam;Kim, Min Sik;Kim, Min Seok;Lee, Sang Ho;Seo, Jung Il
    • Journal of Forest and Environmental Science
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    • v.29 no.3
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    • pp.237-248
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    • 2013
  • The legal basis for the systematic prevention and response to landslide hazards, and the rehabilitation of landslide-hit areas, was established through the amendment of the Forest Protection Act in August 2012. The most noticeable amendment to the Act is the inclusion of clauses associated with the designation and management of landslide-prone zones (including debris flow-prone zones). In this paper, we (1) introduce the clauses related to the designation and management of landslide-prone zones that were included in the amended Forest Protection Act, (2) examine their significance by reviewing the present status of related domestic laws and structural countermeasures such as sediment check dams for sediment-related disaster prevention, and (3) suggest the future directions of the procedure for the designation and cancellation of such zones, and their maintenance and institutional aspects. The establishment of an institutional device for the designation and management of landslide-prone zones has great significance in the aspect of (1) the establishment of a comprehensive management and prevention system for potential landslide-prone zones in forested areas where the hazard risk has been poorly recognized as compared with the flood risks in lowlands, and (2) the establishment of the basis for overcoming the limits of structural countermeasures according to limited budgets. To develop the designation and management system for landslide-prone zones, not only must present problems be addressed, but a cooperation system between the administration and local residents must also be established.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

Institutional Improvements for Security of IoT Devices (IoT 기기의 보안성 확보를 위한 제도적 개선방안)

  • Lee, Donghyeok;Park, Namje
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.607-615
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    • 2017
  • Recently, IoT products with various functions are being developed. Through the combination of objects and information technology, convenient services that have not been imagined before are emerging. For a secure IoT environment, product security must be considered. However, the existing IoT products have various problems such as security vulnerability. In order to secure the security of IoT products, technical countermeasures as well as policy responses are needed. However, the legislation related to current IoT products has a limit to guarantee safety in IoT environment. In this paper, we analyze the limitations of the current legal system of IoT, and suggests ways to improve it.

A Study on the Threat of North Korean Small Drones (북한 소형 드론 위협 사례에 대한 연구)

  • Kwang-Jae Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.397-403
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    • 2024
  • North Korea's rapidly advancing drone development and operational capabilities have become a significant threat to South Korea's security. The drone incursions by North Korea in 2014, 2017, and 2022 demonstrate the technological advancement and provocative potential of North Korean drones. This study aims to closely analyze the military threats posed by North Korean drones and seek effective countermeasures. The research examines the development level of North Korean drone technology, its military applications, the characteristics and patterns of recent drone incursions, the adequacy and limitations of South Korea's current response systems, and future countermeasures. For this purpose, domestic and international research literature and media reports were reviewed, and specific North Korean drone incursion cases were analyzed. The results indicate that North Korea's small drones possess technological features such as small size, low altitude, low-speed flight, long-duration flight, and reconnaissance equipment. These drones pose threats that can be utilized for reconnaissance, surveillance, surprise attacks, and terrorism. Additionally, South Korea's current response systems reveal limitations such as inadequate detection and identification capabilities, low interception success rates, lack of an integrated response system, and insufficient specialized personnel and equipment. Therefore, this study suggests various technical, policy, and international cooperative countermeasures, including the development of drone detection and identification technologies, the utilization of diverse drone neutralization technologies, the establishment of legal and institutional foundations, the construction of a cooperative framework among relevant agencies, and the strengthening of international cooperation. The study particularly emphasizes the importance of raising awareness of the North Korean drone threat across South Korean society and unifying national efforts to respond to these threats.

The Risk and Countermeasures of Asbestos Exposure at the Scene Activities of Fire Officials (소방공무원들의 현장 활동 시 석면노출의 위험성과 대응방안)

  • Lee, Jung-Il
    • Fire Science and Engineering
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    • v.24 no.5
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    • pp.68-78
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    • 2010
  • The purpose of this study, fire officials during the field activities find causes fugitive dust of containing asbestos is the seriousness of the phenomenon is a threat case and through questionnaires, during on-site activities to prevent exposure to asbestos is effectively. Analysis of the relationship to field activities of fire officials and about the dangers of asbestos dust, asbestos cancer caused by asbestos, and to protect fire officials from the same disease like malignant mesothelioma, by varying the conditions of irrational, fire officials at the scene activities in advance of a deadly hazard is aimed to eliminate through optimization of organizational management and a safe and pleasant working conditions for fire officials through the deadly hazards at the scene of action is aimed to obviate. Also according to asbestos exposure by wearing protective equipment as well as thoroughly strengthen firefighting, firefighting awards to recognize the seriousness of the hazard factors, disease and provide compensation to the legal system, for diseases not yet recognized officially recognized by disaster supplemented by institutional, fire officials to improve morale and working conditions, etc. versus expectations is to improve public services.

A Study on Guarantor's Wrongful Dishonor and Main Issues under Counter Guarantee (구상보증거래에서 보증은행의 부당한 지급거절과 주요 쟁점에 관한 연구)

  • Chae, Jin-Ik
    • Korea Trade Review
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    • v.43 no.6
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    • pp.25-50
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    • 2018
  • It is an undeniable fact that the counter-guarantees are always exposed to wrongful or fraudulent demands for payment due to its institutional hallmarks and simplicity. Generally counter-guarantees are payable by presenting a written statement indicating that the local guarantor was in receipt of the beneficiary's statement that the principal was in breach of the underlying contract without any proof of any default. No proof of actual payment of guarantee is required. These matters may lead to numerous disputes or conflicts between the parties concerned. These problems raise may legal issues such as a guarantor(or a counter-guarantor)'s dishonor, the wrongful or fraudulent demands for payment, and the fraudulent conspiracy or the acquiescence of the local guarantor in the course of the procedural demand for payment. On the other hand, the guarantor's dishonor or an injunction are sometimes misused as dispute resolution method between parties involved. Therefore, this research analyzed the guarantor's wrongful dishonor and related issues such as an injunction, fraud exception, and others under the counter-guarantee regime focusing on the relevant cases. This paper also suggested practical implications and countermeasures from a business point of view.