• 제목/요약/키워드: Legal case

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능선부 산지보전 관련 제도 개선에 관한 연구 - 화성시를 사례로 - (A Study on the Improvements for the Legal Systems Related to the Coneservation of Mountain Ridge Areas - In Case of Hwasung -)

  • 최형석
    • 한국환경복원기술학회지
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    • 제12권5호
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    • pp.133-144
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    • 2009
  • This study intends to suggest the improvements for the legal systems related to the conservation of mountain ridge areas. The 4 legal systems directly related to the conservation of mountain ridge areas are reviewed and the current conditions of adaptive reuse of mountain areas and destroy cases in Hwasung are examined. For solving the problems on the basis of the analysis, three proposals for the improvement on legal systems are suggested. First, the integration of present dual legal systems related to adaptive reuse of mountain areas on the assumption that the related criteria and provisions should be amended, second, activation of the legal systems such as natural landscape district and natural landscape review to make up for the laws related to adaptive reuse of mountain areas, third, the enactment and application of the ordinances related with the 'mountain area management law'.

온라인 사용후기에 대한 법적책임의식에 관한 (Consumers' Perception on Legal Liability of the Online Reviews)

  • 김소연
    • 통상정보연구
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    • 제17권3호
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    • pp.3-27
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    • 2015
  • 제품이나 서비스에 대한 사용후기 중에는 과격한 표현이 포함되거나 사업자에게 불리한 내용이 포함된 것들이 많아서, 후기 작성자와 사업자 간에 마찰이 빚어지거나 심지어 법률적 분쟁으로까지 이어지는 경우가 많다. 본 연구는 부정적이고 과격한 표현이 담긴 사용후기관련 사례를 분석한 후, 사례에 나타난 사용후기에 대한 소비자들의 윤리적, 법률적 인식을 비교하기 위해 설문 조사를 실시하였다. 사례연구에 따르면, 대법원 판례는 행위자의 주요한 동기나 목적이 공공의 이익을 위한 것이라면 부수적으로 다른 사익적 목적이나 동기가 내포되어 있더라도, 후기 작성이 상대를 비방할 목적이 있다고 보기 어렵다고 판시한 바 있다. 사례 요지를 바탕으로 소비자들의 인식을 조사한 결과, 사업자에게 불리한 내용의 사용후기일지라도, 응답자들은 대체로 작성자의 법률적 책임수준보다는 이러한 행위에 대한 지지수준이 더 높은 것으로 나타났다. 구체적으로, 이러한 사용후기는 공공의 이익을 위한 정보제공에 더 큰 의미가 있으며, 특히 소비자에게 정확한 정보를 제공하기 위해서 허용되어야 한다는 의견이 우세해서, 연구대상 사례에 대한 대법원 판결과 맥락을 같이 하고 있다. 결론적으로, 사용후기에 대한 윤리의식과 함께 법률적 책임의식을 향상시키기 위한 정책적 노력이 병행될 필요가 있으나, 표현의 자유가 과도하게 침해되지 않도록 균형을 이루는 것이 중요하다.

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2차 법률정보 전문데이터베이스 구축을 위한 기초 연구 (A Primary Study on Building the Secondary Legal Information Full-Text Databases)

  • 권기원;노정란
    • 한국문헌정보학회지
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    • 제32권3호
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    • pp.281-296
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    • 1998
  • 최근 주제별 데이터베이스의 구축이 활발해지고 있다. 현재까지 이루어진 연구결과를 보면 자연어 색인시스템의 검색효율이 통제어 색인시스템의 검색효율보다 일반적으로 높은 것으로 나타나고 있어 각 주제 부문에서는 데이터베이스의 구축시 이러한 결과를 수용하여 자연어 색인시스템을 채택하는 경향이 높다. 본 연구는 전문데이터베이스로는 그 수요가 매우 높은 2차 법률정보 전문데이터베이스를 대상으로 법률정보의 내재적 특성에 근거한 통제어 색인시스템의 이론적 가능성을 제안하려는 것이다. 본 연구를 통해 색인어의 자동적 추출 가능성이 추론된다면, 그 결과는 2차 법률정보시스템의 설계자들에게 주제배경이 없이도 특정의 원리에 의하여 자동색인을 가능케 하고, 다른 주제분야의 정보시스템 설계자들에게는 해당 주제분야의 고유한 지식베이스를 활용하는데 있어서의 시사점을 제공하게 될 것이다.

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치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로- (A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment)

  • 조인호
    • 의료법학
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    • 제9권1호
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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국제판례상 실효적 지배의 개념과 독도에 관한 고찰 (Reviews on the Concept of Effective Control in International Legal Cases and with Regard to Dokdo)

  • 이용희
    • Ocean and Polar Research
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    • 제35권4호
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    • pp.313-322
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    • 2013
  • The concept of effective control is a crucial element for the acquisition as well as maintenance of territorial title. The general meaning of the concept has been described as 'an intentional display of power and authority over the territory, by the exercise of jurisdiction and State functions, on a continuous and peaceful basis'. The concept has been developed through some significant international cases such as the Island of Palmas case (1928), Legal Status of Eastern Greenland (1933), Minquiers and Ecrehos case (1953), Burkina Faso/Mali case (1986) and Nicaragua/Colombia case (2012). In relation to Dokdo, the concept has an important bearing in regard to Korea's claims of territorial sovereignty over the island. This paper reviews the definition, components and ramifications of the effective control with regard to the acquisition and maintenance of territorial title through analyzing the relevant judgements of international courts and tribunals. Furthermore, it exams the legal ramifications of the current effective control on Dokdo and makes some suggestions for the strengthening of Korea's position on the island.

Ontology-based models of legal knowledge

  • Sagri, Maria-Teresa;Tiscornia, Daniela
    • 한국디지털정책학회:학술대회논문집
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    • 한국디지털정책학회 2004년도 International Conference on Digital Policy & Management
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    • pp.111-127
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    • 2004
  • In this paper we describe an application of the lexical resource JurWordNet and of the Core Legal Ontology as a descriptive vocabulary for modeling legal domains. It can be viewed as the semantic component of a global standardisation framework for digital governments. A content description model provides a repository of structured knowledge aimed at supporting the semantic interoperability between sectors of Public Administration and the communication processes towards citizen. Specific conceptual models built from this base will act as a cognitive interface able to cope with specific digital government issues and to improve the interaction between citizen and Public Bodies. As a Case study, the representation of the click-on licences for re-using Public Sector Information is presented.

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The Legal Characteristics of Consumer Arbitration Clause and Defenses in the U.S. Contract Laws

  • Ha, Choong-Lyong
    • 한국중재학회지:중재연구
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    • 제23권3호
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    • pp.61-80
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    • 2013
  • The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

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수·해양 전문계고 인정도서 제도의 법적 문제와 과제 (An Attempt to the Legal Problems on the Approved Books in Fisheries and Marine Sciences Education)

  • 박창언;차철표
    • 수산해양교육연구
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    • 제25권1호
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    • pp.65-77
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    • 2013
  • This study is to suggest the legal issues and some question to solve on the approved books in fisheries and marine sciences education. The results of the study are following. First, It discuss the legal meaning on the approved books. The meaning of the approved books means the curriculum books are subject to an approval by the Minister of Education, Science and Technology in order to use term in case where there exist no government-designated books and authorized, or where it is difficult to use term or it is necessary to supplement them. Second It deals with the legal issues on the approved books in fisheries and marine science education. The main issue is in harmony with the regimentation and self-regulation of education. This matter is the legal problems on the power for the standards of the textbooks approval and the rights for the organization of the textbooks. Third, It treats the problems of the approved books in fisheries and marine sciences education. The problems is system of statute and concept of approved books, the rights of nation and local government, standards of approved books, and writing and practical use of approved books. I generalize legal issues on the approved books in fisheries and marine sciences education. Hence, it is necessary to deeply study each subject in the legal aspect of the approved books in fisheries and marine sciences education.

급성 약물중독 환자에서 위세척의 의료법학적 고찰 -대법원 2005.1.28, 2003다1419 판결을 중심으로- (Medico-legal Consideration of Gastric Lavage in Acute Intoxicated Patients -In the Supreme Court 2005.1.28, 2003da14119)

  • 배현아
    • 대한임상독성학회지
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    • 제3권1호
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    • pp.1-10
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    • 2005
  • Gastric lavage is now known to be ineffective, unnecessary or hazardous in some circumstances where it used to be performed as a routine. This article concerns the medico-legal aspect of forced gastric lavage. The Supreme Court 2005.1.28, 2003da14119 is the case where a patient, who ingested the organophosphate insecticide to attempt suicide and refused lavage. At first we discuss the effectiveness or hazards of lavage because a very high degree of proof -of negligence, not error of clinical judgment - would be required. Lavage, with or without the informed consent, performed negligently which result in harm could, of course, give rise to a claim in negligence. A doctor might also be held negligent in failing to perform an act which he/she had a duty to perform.

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A study on legal service of AI

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • 한국컴퓨터정보학회논문지
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    • 제23권7호
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    • pp.105-111
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    • 2018
  • Last March, the world Go competition between AlphaGo, AI Go program developed by Google Deep Mind and professional Go player Lee Sedol has shown us that the 4th industrial revolution using AI has come close. Especially, there ar many system combined with AI hae been developing including program for researching legal information, system for expecting jurisdiction, and processing big data, there is saying that even AI legal person is ready for its appearance. As legal field is mostly based on text-based document, such characteristic makes it easier to adopt artificial intelligence technology. When a legal person receives a case, the first thing to do is searching for legal information and judical precedent, which is the one of the strength of AI. It is very difficult for a human being to utilize a flow of legal knowledge and figures by analyzing them but for AI, this is nothing but a simple job. The ability of AI searching for regulation, precedent, and literature related to legal issue is way over our expectation. AI is evaluated to be able to review 1 billion pages of legal document per second and many people agree that lot of legal job will be replaced by AI. Along with development of AI service, legal service is becoming more advanced and if it devotes to ethical solving of legal issues, which is the final goal, not only the legal field but also it will help to gain nation's trust. If nations start to trust the legal service, it would never be completely replaced by AI. What is more, if it keeps offering advanced, ethical, and quick legal service, value of law devoting to the society will increase and finally, will make contribution to the nation. In this time where we have to compete with AI, we should try hard to increase value of traditional legal service provided by human. In the future, priority of good legal person will be his/her ability to use AI. The only field left to human will be understanding and recovering emotion of human caused by legal problem, which cannot be done by AI's controlling function. Then, what would be the attitude of legal people in this period? It would be to learn the new technology and applying in the field rather than going against it, this will be the way to survive in this new AI period.