• 무역상무연구
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• 제20권
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• pp.3-22
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• 2003

The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.

• International Journal of Computer Science & Network Security
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• 제22권8호
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• pp.380-384
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• 2022

To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce. I have divided the reviewed literature into two sections according to the sources.

• 항공우주의학회지
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• 제30권1호
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• pp.1-2
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• 2020

In commemoration of Vol. 30, Issue 1, our journal prepares four review articles and two original papers. The first review article provides guidelines for medical treatment for emergencies in an aircraft furing flight. This guideline addresses the resources and medical equipment available to physicians on board, common medical conditions, how to deal with them, including legal issues. The second review article covers historically meaningful animals that have contributed to aerospace research and the role of a veterinarian. The third one describes cardiovascular, musculoskeletal, and vestibular physiological effects of microgravity on the human body. As we are about to enter an aging society, the fourth review article introduces guidelines for safe overseas travel for senior passengers. The role of the aviation medical examiner is to maintain aircrew's health and to help them work long and healthy. In this regard, Choi et al. analyzed the physical examination data and sick leave data of an airline. Han et al. investigated the aerospace medical examination data of the Republic of Korea and suggested a solution to some common health problems of the crew.

• International Journal of Computer Science & Network Security
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• 제21권5호
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• pp.52-56
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• 2021

There is no assurance that malware could only cause virtual damage to computer programs and data as its potential is endless. However, legal provisions were earlier developed to cater to either a physical damage caused by a physical action or a virtual damage caused by a virtual action. When crossovers occur, it becomes quite uncertain as to how viable the current laws are in handling this matter. The author seeks to address the issue from the perspective of the laws of Malaysia.

• 한국IT서비스학회지
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• 제19권3호
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• pp.57-73
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• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• 한국인터넷방송통신학회논문지
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• 제17권3호
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• pp.235-241
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• 2017

디지털 시대의 발현과 함께, 암호화는 생활의 한 부분이 되었고 대부분의 사람들이 쉽게 암호화 프로그램을 취득하여 제3자로부터 그들의 정보를 보호하게 되었다. 그러나 이런 암호화 프로그램의 확산으로 말미암아, 범죄자들조차도 범죄증거를 암호화하여 정부는 범죄 수사에 큰 난항을 격고 있다. 이에 따라서 여러 국가에서는 암호화된 범죄증거들을 강제해독하기 위한 시도를 하고 있으며 여기서 헌법상 자기부죄거부라는 기본권의 문제가 발생하게 되었다. 본 연구에서는 전반부에 이와 관련된 미국 헌법 및 미국 대법원의 판례를 분석하여 주요 기조를 제시하였으며, 후반부에서는 대한민국의 헌법과 형사소송법에 기초하여 암호화된 디지털 증거의 강제해독 여부에 대한 분석을 실시하였다. 마지막으로 결론에서는 공공의 안전과 복리를 위하여 법적 제도 측면에서의 강제해독의 접근 방향을 제시하였다.

• 통상정보연구
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• 제13권1호
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• pp.197-216
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• 2011

정보기술의 발달은 상거래 분야에서 인간이 아닌 기계 장치 소프트웨어 간의 거래가 이루어지도록 하였다. 이는 자율성이나 대화성 등의 능력을 갖추고 대리인의 기능을 하고 있다. 또한 기술이 발달함에 따라 이의 역할은 더욱더 확대될 것으로 예측된다. 그러나 그럼에도 불구하고 전자대리인에 대한 법적 지위에 대해서는 지금까지도 논란이 지속되고 있다. 특히 상거래에 있어서는 계약의 유효성과 귀속의 문제 등이 발생한다. 따라서 본 논문은 이러한 문제를 해결하기 위해 두 가지 제안을 하고 있다. 첫째, 법규의 제정과 보완이다. 전자대리인에 의해 이루어지는 전자적 의사표시의 성립과 효력 등의 내용을 민법에 수용하여 이에 대한 규정을 두고 귀속의 문제에 대해 전자대리인을 장기적으로 대리법적 접근 방법을 취하여 이에 대한 책임문제를 본인에게 귀속시켜야 한다. 둘째, 실무적 측면에서 쇼핑몰과 같은 웹사이트를 운영하는데 있어 거래와 계약의 효력에 대해 일반 협정조건을 제공하여 사용자로 하여금 계약에 구속됨을 명시할 수 있어야 한다.

• International Journal of Computer Science & Network Security
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• 제22권5호
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• pp.320-326
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• 2022

The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

• 농촌지도와개발
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• 제10권2호
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• pp.153-166
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• 2003

The objective of this study is to explore the situations and extension roles for rural elderly welfare program in North Dakota, USA. With a growing older population, aging has become an important issue for extension. Services for rural elderly available in North Dakota were adult day care, home health care, senior insurance counseling, nutrition and medication assistance programs, support groups, legal assistance, meals on wheels, nursing homes and more. With a growing older population, aging has become an important issue for extension. Extension provides programs and services for rural elderly. This study was conducted by literature review. First, many rural elderly Americans are actively engaged in volunteer work and have made substantial contributions to their communities. Second, extension educators from interdisciplinary areas should work together to develop programs. Extension programs can include intergenerational programs to help younger generations learn about the issue. Third, extension can collaborate with other agencies and groups to offer support groups. Offering educational programs is a key to empowering older people. Fourth, elderly residents may be the only increasing natural resource for volunteering in general, and for participation in community improvement in particular. Fifth, extension educators should be proactive in working with agencies to provide social access and in helping older people be actively engaged in their lives, especially in rural areas.

• 해양정책연구
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• 제33권2호
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• pp.205-228
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• 2018

Since many RFMOs have been established, various measures to protect small island developing States have been enacted. WCPFC CMM 2017-01 also enacted various measures for that purpose. However, it is notable that CMM 2017-01 has enacted a measure in a manner to reduce benefits of the small island developing States in relation to the vessel charter scheme, although it has made another exception. This study aims to draw implications in establishing Korea's fisheries policy and making an appropriate strategy of the fisheries industries in Korea, through analyses of the charter issue in the WCPFC CMM 2017-01. This paper examines an issue of the vessel charter scheme in the WCPFC CMM 2017-01 comparing with the flag of convenience issue. It concludes that it is recommended to further restrict the application of the vessel charter scheme in the WCPFC CMM 2017-01 and to repeal it ultimately. Finally, this paper draws implications for the Korean government to participate in the WCPFC in a manner to reflect its positions and to harmonize interests of the fishing States and the small island developing States, considering various joint venture business with such States. It further draws implications for the fisheries industries in Korea to actively participate in the WCPFC to maximize their interests.