• 제목/요약/키워드: Legal issues

검색결과 928건 처리시간 0.026초

BlM실행을 위한 표준계약체계 보완에 관한 연구 (A Study on the Complement of Stand Agreement System for the BlM Implementation)

  • 김용희;최종천;김길채
    • 한국디지털건축인테리어학회논문집
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    • 제9권1호
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    • pp.83-90
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    • 2009
  • Building Information Modeling (BIM) has the great possibility of transforming the AEC industry. BIM will require increased information exchange and mutual collaboration between all stakeholders. BIM implementation and such increased collaboration can affect legal issues and contract provisions. And some legal issues accompanying BIM Implementation will be raised while a large change also comes in responsibility and role between all stakeholders. However, current standard agreement system is based on fragmented agreement between the architect and the owner, and between the owner and the contractor. Another legal obstacles and considerations associated with BIM implementation will be arose from BlM technology and use of BIM. AEC professionals in Korea have long utilized the standard agreement forms as well and look forward complementation of current standard agreement for BlM implementation. Such complement direction for the standard agreement will be examined by investigating the legal issues and overview comparison between AlA E202 and ConsensusDOCS 301.

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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.

Study on the Application of the Serious Accidents Punishment Act in Construction Sites and Practical Improvement Measures for Legal Deficiencies

  • Wonpyo Hong;Taekeun Oh
    • International Journal of Advanced Culture Technology
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    • 제12권3호
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    • pp.396-405
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    • 2024
  • This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

Study on Legal Issues of Facility Management of Children's Swimming Pool

  • KWON, Yeon Taek;SEO, Myung Seok;SEO, Won Jae
    • Journal of Sport and Applied Science
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    • 제3권1호
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    • pp.19-25
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    • 2019
  • Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.

Navigating the Digital Maze - Pertinent Issues in E?Arbitration

  • Markert, Lars;Burghardt, Jan
    • 한국중재학회지:중재연구
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    • 제27권3호
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    • pp.3-31
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    • 2017
  • Legal tech is commonly considered as the use of software and technology in the process of providing legal services. It is disrupting the method in which legal services are traditionally rendered, and under the buzz word "e-arbitration" also extends to the area of international commercial arbitration. This article aims to give an introduction into the most pertinent issues in "e-arbitration", starting with an attempt at defining the term "e-arbitration" and with an overview of some of the service providers. It goes on to address the use of information technology in international arbitration and concludes with an analysis of key legal issues arising when various aspects of the arbitral process are commenced, conducted or concluded in digital form.

개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로 (Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act)

  • 박민정;채상미;이명준
    • Journal of Information Technology Applications and Management
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    • 제25권2호
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

환자의 의무기록 관련 의료인의 법적 지위 (Legal Status of Medical Personnel on Medical Records)

  • 이백휴
    • 의료법학
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    • 제11권2호
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    • pp.309-335
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    • 2010
  • This study is a paper reviewed legal status of medical personnel and issues of law on recently discovered medical records. As the increase of medical personnel who have gone through the administrative disposal in regards to the medical records, it is needed to examine the legal issue or dispute on the medical records under the current law. Medical records are the statement on patient's medical conditions made by the medical personnel. This records are used as important source for patient's further treatment. This becomes the communication route between the patients and the other medical personnel, and it provides the patients a right to find out their medical information. According to the Medical Service Act (Article 21), a medical personnel shall prepare respectively a record book of medical examination and treatment. And medical personnel shall make a signature. Furthermore, the medical personnel or the opener of the medical institutions must preserve the record book (including an electronic medical record). Meanwhile, the issues of a ban on false entry, additional record, revision or manipulation on the medical record have been recently on the rise. This paper briefly examined the major issues in regards to the medical records. It especially clarified the legal duty on medical records and its major-contentious-issues. At the same time, it pointed out the problems of the unreasonable over interpretation of the law. Furthermore, this suggested the guidelines for the further discussion and review.

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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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자율주행자동차의 도로 주행에 대한 법적 근거 및 개선 방안 (Legal Basis and Suggestions on Road Driving Eligibility of Autonomous Cars)

  • 이성수
    • 전기전자학회논문지
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    • 제23권1호
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    • pp.342-345
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    • 2019
  • 자율주행자동차는 기술적 측면에서 많은 발전이 이루어져왔으나 자율주행자동차의 상용화가 가능하도록 다양한 법적 문제를 해결하는 작업은 매우 더디게 진행되고 있다. 본 논문에서는 자율주행자동차에서 대표적인 법적 이슈인 도로 주행 근거를 분석하고 현행 법/규정상의 문제점을 파악하며 이에 대한 개선 방안을 제시한다. 자율주행자동차에서 기술 개발과 법/규정 정비는 상호 협력적으로 이루어져야 하며, 이러한 법적 이슈를 이해하는 것은 자율주행자동차를 개발하는 기술자에게도 큰 도움이 될 것으로 여겨진다.

Information and Communication Technologies in the Main Types of Legal Activities

  • Kornev, Arkadiy;Lipen, Sergey;Zenin, Sergey;Tanimov, Oleg;Glazunov, Oleg
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.177-183
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    • 2022
  • Thanks to the informatization of society, complex and high-tech devices are being introduced in all areas of human life, and the latest technologies are being actively improved in the modern, globalizing world. The article deals with the issues of using information and communication technologies in legal activities. It also covers the main types of such activities: law-making, law enforcement, and interpretive activity. Since there is an increase in the flow and accumulation of legal information, it is practically impossible to use traditional methods of working with legal information. The article considers and analyzes the role of information and communication technologies in modern legal activity. It is necessary to reveal the principles, concepts, conditions, and factors of their development and develop theoretical and practical recommendations for the use of such technologies in order to solve legal tasks. The authors of the article raise the issues of increasing the efficiency of legal activity, as well as the integration of information technologies into practical legal activity and their use for collecting, storing, searching, and issuing legal and reference information. Much attention is paid to the specific use of automated data banks and information retrieval systems in legal practice that ensure the accumulation, systematization, and effective search for legally important information. The development of such technologies leads to the creation of comfortable conditions for a lawyer in the course of their professional activity. Currently, legal activity cannot exist without telecommunication technologies, legal reference systems, and electronic programs. The authors believe that due to the use of the latest information technologies, the time for making legal decisions has significantly accelerated, the process of searching and systematizing evidence has been worked out, and it has become possible to quickly and efficiently find information on adopted laws and legal acts.