• Title/Summary/Keyword: Legal person

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A Study on the Problems and Improvement Plan of Using of Non-Lawyer Arbitrator (비변호사 중재인 활용의 문제점과 개선방안)

  • Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.47-64
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    • 2015
  • Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).

Analysis of interior features of indoor community facilities in Apartment Complex (공동주택 단지 내 실내 커뮤니티시설의 인테리어 특징 분석)

  • Choi, Hye-Jin;Shin, Kyung-Joo
    • Korean Institute of Interior Design Journal
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    • v.17 no.5
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    • pp.80-90
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    • 2008
  • This study analyzes interior features of indoor community facilities, focused on apartment complexes in capital area selected by 'Award of best living apartment' during $2000{\sim}2007$. First we analyze community facilities' concept, present standards of installment, present condition, then the size of each complex compared with legal standards. Also, we analyze interior features(spacial layout, furniture and furnishings, interior finishing materials, interior color), too. Research methods included both data survey and site visiting inquiry. Data survey method analyzes size of each complex using community facilities' floor plans, and site visiting inquiry analyzes type and feature of community facilities. Survey target was total 11 complexes, 7 in Seoul, 4 in Gyeonggi-do. The result is as follows. 1) It is needed to improve legal standards of installment, and to provide space with flexibility and changeability in order to allow alternation of usage purpose by resident's claim. 2) To determine size of community facilities, we must planned not only by the number of households, but by legal standards of supply according to the number of households, the rate of net area, and the recommended size per person. 3) The area of community facilities in apartment complex that residents use doesn't considered user's convenience. So it us needed to add each facility's recommendation in response to user's needs.

Anti-crisis Communications in Legal Discourse in Terms of Ensuring Information Security

  • Gorai, Oleg;Ohar, Emiliya;Snitsarchuk, Lidiya;Polulyah, Ruslan;Druzhynin, Serhii
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.103-108
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    • 2022
  • Mass media in the digital age are not only one of the most important elements of the information society but also a strategic resource for its development. Effectively implemented communication makes it possible to build connections not only between individuals, but also between social institutions and representatives of various generational groups of the mass audience, as well as ensure information security in a crisis period. At the same time, in the context of a constantly increasing amount of information flows, more and more often "a person loses the ability to independently think, analyze, and critically perceive information." At the same time, "imposing" on the representatives of this or that society, through the content of multi-format mass media or active authors of social networks, a certain point of view on the problem becomes a completely realizable task. Thus, the main task of the study is to analyze the anti-crisis communications in legal discourse in terms of ensuring information security. As a result of the study, current trends and prerequisites of anti-crisis communications in legal discourse in terms of ensuring information security were revealed.

A Study on Improving Methods of Legal Deposit and Compensation of Books in Korea (도서의 납본과 보상제도 개선방안에 대한 고찰)

  • Kim, Na-Young;Oh, Il-Seok
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.3
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    • pp.513-532
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    • 2016
  • Legal deposit is a system that a person who publishes in the country a work shall deposit a certain copies of publications in designated libraries or institutions in order to preserve and transfer national knowledge and culture heritage. Under "Libraries Act" and "National Assembly Library Act", depositors shall present books to the Library and the Library shall properly compensate him/her for such copies presented. This study focuses on presentation and proper compensation of books. This study has reviewed laws and regulations about them in major countries and our country, and analyzed the current status and some problems of our country. This study has analyzed the constitutionality of legal deposit, the refusal of copies presented, and the meaning of proper compensation through analyzing cases on legal deposit. Based on these analyses, it has proposed the modification of regulations on presentation and proper compensation of books, the establishment of specific rules on proper compensation, and the penalties on unfair presentation.

Legal Issues regarding the Exercise of Claim of Return for Secured Portions - focusing on Supreme Court Decision 2010DA50809 Delivered on May 24, 2012- (유류분반환청구권의 행사에 관한 법적 쟁점 -대법원 2012. 5. 24 선고 2010다50809 판결을 중심으로-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.12 no.9
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    • pp.202-210
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    • 2012
  • Since Civil Law recognizes the freedom of a testament, it recognizes the freedom allowing the decedent to dispose his/her own property at his/her own intention. However, in order to prevent various abuses which may occur when the principle of freedom of testament is carried out unlimited, secured portion system is stipulated. So, absolute freedom of property disposed by the deceased is limited. Likewise, the secured portion system is introduced as the system to resolve the contradiction that exists between principle of freedom of testament and legal inheritance. Since Supreme Court Decision 2010DA50809 delivered on May 24, 2012 includes major legal issues such as how to exercise of claim of return for secured portions, transfer of the secured proportion or the claim of return for secured portions, and exercise of claim of return for secured portions against a third party. So, it has a very important meaning. In this paper, legal issues regarding the exercise of claim of return for secured portions have been reviewed with this decision.

A Study of Connecting Space Designs in the Development of the Underground Space -focused on University and Subway Area- (지하공간개발에서의 연계공간 디자인연구 -대학가와 지하철역을 중심으로-)

  • 박전자
    • Korean Institute of Interior Design Journal
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    • no.15
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    • pp.17-30
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    • 1998
  • Through the rapid growth of Korea for the effectiveness and rationalization of the use of land the development of the underground land is mostly needed. Especially I think that in the limited country(like Korea) when we consider that the population of metropolitan area is almost a third if a total population of this country it is time that we should consider the method of transfer for using of under ground not of on the ground from the legal or systematic recognition of the land. In this respect it is necessary that the person involved in the urban development (the person for architect urban development landscape architect and adminstratives) should pay much attention to the using of the underground spaces.

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A Study on the Design Characteristic and Improvement of the Studio Type Urban Lifestyle Housing in Seoul (서울시 도시형 생활주택 원룸형 주거의 계획특성 및 개선방안 연구)

  • Cho, Min-Jung
    • Korean Institute of Interior Design Journal
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    • v.20 no.2
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    • pp.156-166
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    • 2011
  • A studio type urban lifestyle housing was recently introduced as a new urban multi-housing typology. It was particularly created to meet the increasing housing demand of one-person households due to the population change and the shortage of housing supply. However, some concerns have been raised, because the government's policy has been focused on expanding housing supply by easing certain legal regulations in construction. Poorly planned and managed urban lifestyle housings might degrade living conditions for one-person households and ultimately harm urban environments. As such, this research is conducted to investigate the design characteristics of the studio type urban lifestyle housing from selected construction precedents in Seoul. Critical evaluations are made for the facilities and uses in site plans, unit plans, and shared public spaces. As a result, problem areas are found in the lack of design varieties, privacy protection in units, control of natural environment conditions, and the absence of community spaces. Improvement strategies can be suggested by comparing with some overseas' housing precedents: Design variations can be extended through flexible structure, facility, and furniture systems. Privacy and natural environment can be controled through the integration of interior space configurations and exterior envelope systems. The housing policy needs to be reconsidered to improve a variety in design, residents' social interaction, security, and management. Thereby, the studio type urban lifestyle housing should be holistically approached in terms of design and policy to enrich urban living experiences by residents and communities.

A Study on "the other person" in Act on promotion of information and communications network utilization and information (정보통신망 이용촉진 및 정보보호 등에 관한 법률상의 "타인"에 관한 고찰)

  • Kim, Hye-Rim;Park, Kwang-Hyun;Park, Jong-Ryoel
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2013.07a
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    • pp.173-175
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    • 2013
  • 본 논문에서는 정보통신망 이용촉진 및 정보보호 등의 관한 법률에서 '타인'의 범위에 관한 해석을 논점으로 삼고 있다. 대법원은 위 법 제49조의 '타인'의 범위에 관한 해석에서 생존한 사람뿐만 아니라 사망한 자도 포함하여 해석하고 있다. 물론 동법의 사자(死者)도 정보통신망의 안정성과 정보의 신뢰성 확보를 위해 포섭하여 해석할 수 있다는 견해가 존재할 수 있지만 형법 및 형사특별법은 죄형법정주의라는 이념상 허용될 수 없다는 견해가 타당하다. 형사법의 해석은 형벌이라는 가혹한 법률효과를 예정하고 있으므로 형벌법규의 해석은 엄격해야 하고 명문규정의 의미를 피고인에게 불리한 방향으로 확장해석하거나 유추해석을 해서는 안된다. 만약 동법 제49조의 '타인'의 범위에 사자(死者)를 포함한다면 법률해석의 방법인 문리해석, 논리해석, 목적론적 해석, 헌법 합치적 해석에도 반하므로 동법에서 '타인'의 범위에 사자(死者)를 포함시키고자 한다면 동법의 개정을 통해 법규 수범자에게 예측가능성을 확보할 수 있도록 용어의 분명한 정의규정이 입법을 통해 반영되어야 한다.

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A Qualitative Study on the Library Services Policy for the Disabled Person in European Countries (유럽국가의 장애인 도서관서비스 정책에 관한 질적 연구)

  • Lee, Jung-Yeoun
    • Journal of the Korean Society for information Management
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    • v.27 no.3
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    • pp.147-168
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    • 2010
  • The purpose of this study is to present suggestions for Korean libraries for disabled person after collecting and analyzing qualitative data upon library policies of national libraries, public libraries and libraries for disabled person in European countries including Sweden, UK and France. Korean national library support center for the disabled should be independent in order to have consistent policy and ability for its execution. It should also support private libraries for the disabled in inheriting professionalism and accumulated history. Developing alternative material, integrated catalogue and professional service is required by cooperative and systematic arrangements among national and public libraries for disabled person including schools and university libraries. Also, it should be able to grow not only on the basis of internal cooperation among libraries but also with the help of external organizations like social and legal systems, organizations related with the disabled and regional self governing bodies.