• Title/Summary/Keyword: Legal issues

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위성통신(衛星通信) . 방송(放送) 서비스영역(領域)의 확장(擴張) 정책(政策)과 법적(法的) 문제(問題) 고찰(考察)

  • Sin, Hong-Gyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.8
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    • pp.297-332
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    • 1996
  • It is well observed in the satellite telecommunication policy of several States that legal constraints imposed upon the service coverage of satellite telecommunication as well as broadcasting are to be relaxed in a progressive way. Major aspects of such policy change lie in the adoption of policy refusing traditional concept of national frontier. In the case of direct broadcasting satellite service, while a debate upon the legal issues regarding the spill-over effect of that service is no more major concern of the States, many multinational enterprises are looking for strategic alliance for regional or global DBS project. On the other hand, an implementation plan for connecting the world through global mobile personal communication satellite system is being pursued by several joint effort of multinational firms. Legal issues arise regarding the regulatory competence of each State, Especially, a controversial issue is concerning the sovereign right well recognized upon the regulation of telecommunication. This study is focusing upon the evolution of such policy change for the purpose of allowing us to expect future develpment of worldwide satellite telecommunication policy environment.

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DYNAMICS OF GUN VIOLENCE BY LEGAL AND ILLEGAL FIREARMS: A FRACTIONAL DERIVATIVE APPROACH

  • Chandrali, Baishya;P., Veeresha
    • Honam Mathematical Journal
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    • v.44 no.4
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    • pp.572-593
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    • 2022
  • Crime committed by civilians and criminals using legal and illegal firearms and conversion of legal firearms into illegal ones has become a common practice around the world. As a result, policies to control civilian gun ownership have been debated in several countries. The issue arose because the linkages between firearm-related mortality, weapon accessibility, and violent crime data can imply diverse options for addressing criminality. In this paper, we have projected a mathematical model in terms of the Caputo fractional derivative to address the issues viz. input of legal guns, crime committed by legal and illegal guns, and strict government policies to monitor the license of legal guns, strict action against violent crime. The boundedness, existence and uniqueness of solutions and the stability of points of equilibrium are examined. It is observed that violent crime increases with the increase of crime committed by illegal guns, crime committed by legal guns and, decreases with the increase of legal guns, the deterrent effect of civilian gun ownership, and action of law against crime. Further, legal guns increase with the increase of the limitation of trade of illegal guns and decrease with the increase of conversion of legal guns into illegal guns and increase of the growth rate of illegal guns. Again, as crime is committed by legal guns also, the policy of illegal gun control does not assure a crime-free society. Weak gun control can lead to a society with less crime. Theoretical aspects are numerically verified in the present work.

A Study on Legal Issues of Small Libraries (작은도서관에 관한 법제적 고찰)

  • Kim, You-Seung
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.3
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    • pp.381-410
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    • 2014
  • This study aims to discuss issues related to small libraries by analyzing laws and municipal ordinances. It conducts an extensive literature review on the history and present conditions of small libraries and explores the characteristics of small libraries as a social movement. Based on the analysis of the Libraries Act, the legal status of small libraries are argued and other related regulation are also discussed. 114 municipal regulations which are related to small libraries are analyzed into five categories including general conditions, related laws, definitions, facilities, and workforce. As a result, the alternative strategies for legal issues on small libraries are provided in the three different aspects.

Practices and Legal Issues of Online Arbitration in China - focused on Online Arbitration of CIETAC (중국의 온라인중재 운용과 법적문제에 관한 연구 - CIETAC의 온라인중재를 중심으로)

  • Cha, Kyung-Ja;Choi, Sung-Il
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.131-149
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    • 2010
  • Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.

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A Study on the Several Issues of Electronic Commerce (전자상거래(電子商去來)를 둘러싼 제문제(諸問題)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.7-37
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    • 1999
  • Electronic Commerce is the new type of business transaction, which sells and advertises the products and services by using the Internet, which is used by more than 500,000,000 people in the worldwide and is spread rapidly to the world. There are no limitations in cyberspace, for example, time, space, and country boundary because every business can be processed in this cyberspace. The use of modern means of communication such as electronic mail and electronic data interchange for the conduct of international trade transactions has been increasing rapidly and is expected to develop further as technical supports such as information highways and the Internet become more widely accessible. However, the communication of legally significant information in the form of paperless messages may be hindered by legal obstacles to the use of such messages, or by uncertainty as to their legal effect or validity. This obstacles pose many difficulties for conducting EC through Internet. The purpose of this thesis is to suggest several issues to be taken into consideration in conducting EC in near future. For this purpose, the article will first take up subjects of what is the present state of EC, what are the legal issues emerging therefrom.

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Legal and Institutional Issues and Improvements for the Adoption and Utilization of Artificial Intelligence in Government Services (정부서비스에서의 인공지능 도입 및 활용을 위한 법제도적 쟁점과 개선과제)

  • BeopYeon Kim
    • Journal of Information Technology Services
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    • v.22 no.4
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    • pp.53-80
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    • 2023
  • Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.

A study on the Governing Law to Application under the Intellectual Property Right Disputes in Internet (인터넷상에서 지적재산권 분쟁에 따른 준거법 적용에 관한 논점)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.133-156
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    • 2004
  • The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

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Measures for Automaker's Legal Risks from Security Threats in Connected Car Development Lifecycle

  • Kim, Dong Hee;Baek, Seung Jo;Lim, Jongin
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.11 no.2
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    • pp.865-882
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    • 2017
  • To improve passenger convenience and safety, today's vehicle is evolving into a "connected vehicle," which mounts various sensors, electronic control devices, and wired/wireless communication devices. However, as the number of connections to external networks via the various electronic devices of connected vehicles increases and the internal structures of vehicles become more complex, there is an increasing chance of encountering issues such as malfunctions due to various functional defects and hacking. Recalls and indemnifications due to such hacking or defects, which may occur as vehicles evolve into connected vehicles, are becoming a new risk for automakers, causing devastating financial losses. Therefore, automakers need to make voluntary efforts to comply with security ethics and strengthen their responsibilities. In this study, we investigated potential security issues that may occur under a connected vehicle environment (vehicle-to-vehicle, vehicle-to-infrastructure, and internal communication). Furthermore, we analyzed several case studies related to automaker's legal risks and responsibilities and identified the security requirements and necessary roles to be played by each player in the automobile development process (design, manufacturing, sales, and post-sales management) to enhance their responsibility, along with measures to manage their legal risks.

A Study on the Legal Issues Arising from Airline Lease Agreements and the Current Status on Private Jet Lease Agreements (항공기(航空機) Lease계약(契約)의 법적(法的) 문제와 Private Jet(자가(自家) 항공기(航空機)) Lease계약(契約)의 현황에 관한 연구(硏究))

  • Nam, You-Sun
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.17 no.2
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    • pp.52-61
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    • 2009
  • In Korea, there is great lack in jet lease agreements compared to many other countries. Due to such scarcity in numbers of jet lease agreements, problems have never truly surfaced and legal foundation dealing with such issues have not yet been formulated. However, as the globalization is making the world smaller and smaller, the demand for jets will grow. As the Korean aviation industry is expanding tremendously, although very preliminary at this time, the interest and actual execution on private jet lease agreements will grow. The prediction of increase in the private jet ownership is causing the lease industry to be nervous and may require particular preparatory foundation works. Particularly, legal analysis and detailed review maybe necessary to set a precedent with will serve as the grounded rule in the future. It is notable that Vietnam, a country which is believed have a less developed aviation industry than Korea, had already established a specialized jet leasing company, VALC in 2007. Also, when leasing an airplane from a foreign financial institution, it is possible to obtain a government issued guarantee. Therefore, it is urgent for Korea to prepare the legal foundation for the future demands in aviation leasing, as well as private jet leases which in turn would promote national wealth and further develop the financial industry.

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Arbitration Dispute Resolution Study upon e-Commerce Issues (전자상거래의 문제점과 분쟁사례 연구)

  • 장병윤
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.247-286
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    • 2001
  • This study is to analyze e-commerce issues and how to settle arbitration dispute resolution. Considering internet related business spread out worldwide, the dispute is incurred in variety areas. To resolve the dispute of e-commerce, government has been released several laws for protecting legal transaction, information exposure, and internet security, etc. However, internet related technology is changing rapidly and dispute issues are coming out at many different models. Upon that environments, law and rules could not be followed to meet the technology change. That issues are made for this study. In this study, outlook of e-commerce, status of domestic and overseas of internet business, e-commerce and security issues were analyzed, and empirically comparative analysis was driven out and variety dispute cases were studied. Upon that study the resolution methods were suggested and arbitration settlement was proposed prior to legal sue. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

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