• Journal of The Korea Institute of Healthcare Architecture
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• v.12 no.2
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• pp.17-30
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• 2006

The wealth of Korean disability people's paradigm has developed by the meaning of whole rehabilitation of the small society for acception and protection. Today, that meaning has been changed to make and choose disability people's future plans by themselves. The CENTER FOR INDEPENDENT LIVING in Korea has been accepted through the American and Japanese's activity systems with no objection. Following result of the real reserching, because the CENTER FOR INDEPENDENT LIVING in Korea have no legal basement, so there are little support for these centers and no proper rules and check systems. Therefore, we have to make the legal basement of CENTER FOR INDEPENDENT LIVING and separate by each parts of system and to specialize about them. That means, each parts of system have to mark role mode for doing well, and each systems have to develop new programs and services, and to specialize for in Korea. To add, we should have more small CENTER FOR INDEPENDENT LIVING in each area, and the CENTER FOR INDEPENDENT LIVING which are already started should make network system to contact with other centers in society for giving support of proper information.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• Journal of Environmental Impact Assessment
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• v.24 no.4
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• pp.332-343
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• 2015

It would be the most effective way to have government take care of social problems and hazardous material danger due to odor. It is also well known that odor acceptance and their willingness to pay for resolving the odor problem vary person by person. This is why public sector's intervention is required to get ride of any possibility of market failure resulted from negative external effect of human. This paper has tried to do empirical research based on survey of residents who are currently living in the area of Ochang industrial complex in North Chong-chung province. According to the empirical research results, first of all, it was proven residents' perception of legal regulation has a negative effect on odor acceptance. That is, the more residents are aware of law and regulation, the less they tend to accept odor. In addition, resident's perception on need to improve odor regulation has a positive impact on their odor acceptance. Finally, residents' satisfaction on the legal complaints to local government has an interaction effect to causative relationship between the perception of improving odor regulation and odor acceptance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.291-320
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• 2004

Electronic transaction using electronic documents be carried without direct person to person meeting, there is the possibility to use other's identity illegally without notice and to verity authenticity of transaction. It is very hard to find out that the electronic documents on the process of submitting is forged documents or not and also has much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic transactions, certification system with cryptography skill are inevitably necessary. Also there is needed legal base in the electronic document as functional equivalent of the paper document. Recently there are so many commercial certification service provider(CPS) such as Identrus, Bolero, TEDI but their establishment of CPS, certification process, guideline and so on are different each CPS. Therefore, this kind of situation can make user confuse. To introduce and develop the electronic certification in the international electronic commerce not domestic electronic commerce, it need to authorize and operate certification authority under the uniform regulation base. But, because the laws and guidelines that related to electronic certification system are different among the nations and international organizations, it need to compare laws and guidelines. In conclusion, the most important thing to resolve problems surrounded certification and develope certification system in the international electronic commerce make uniform rule of international electronic certification to recognize internationally from each nation or at least, need to harmony laws and guideline in each nations.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.87-94
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• 2013

The existing legal regulations that indiscriminately distributed various illegal information on the information network are discussing focused on civil liability and criminal liability. however, at this paper that approached with problem of police responsibility as a target of the exert of police authority for blocking illegal information on the information network. based on this recognition, this paper propose the problem and reformation about the present Information Communication Networks law's 7 of Article 44, Section 2 that for prompt blocking illegal information on the information network, not about direct regulatory approach to a person in charge of act but about the information network service provider which is a person in charge of condition.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• The Journal of Health Technology Assessment
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• v.6 no.2
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• pp.156-161
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• 2018

Objectives: To evaluate results and workloads of the horizon scanning of the emerging health technology since 2014 to 2016. Methods: In order to analyze the results of the emerging health technology, we identified the number of research procedure between 2014 and 2016. The sixteen findings were calculated annual workload by person, and categorized by medical phase, classification of disease, and healthcare technology. Results: An average of 5.67 personnel were involved over three years, assessment of each emerging healthcare technology was performed for each person of identifying 54 cases, filtering 2.4 cases, prioritizing 0.9 cases were performed. According to the mapping by healthcare technologies, nine medical devices (56.3%), six drugs (37.5%), and one material of the medical treatment (6.3%) were assessed. Among sixteen findings, fifteen cases were health technologies for treatment and only one case for diagnosis. Conclusion: Future plans of the horizon scanning of the emerging health technology is required appropriate manpower in charge each target number of assessment. And a legal basis should be provided for policy reflection rate. Furthermore, an evaluation criteria and procedures should be transparent to avoid a conflict of interest.

• The Journal of the Korea Contents Association
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• v.15 no.4
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• pp.179-187
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• 2015

Social unrest from retaliatory crimes is increasingly becoming problematic. Recently, there was an accident involving a suspect who went to a hospital and committed acts of retaliatory violence 11 times. This person's reasoning was that he was imprisoned due to the hospital's reporting to the police. He was consequently arrested in Boeun Choongbook on December 27th 2014. Accidents like this one take place frequently around our surroundings. There are regulations and systems in place. Nevertheless, similar cases that continue to take place makes us wonder if criminal judicial systems work well. Lukewarm responses to retaliatory crimes is not only threatening social security, but also placing fears in the minds of ordinary citizens. If retaliatory crimes take place, most citizens become apprehensive about criminal judicial activities of the police and mistrust for criminal judicial system. This at times discourages people from reporting incidents and could eventually increase crime rate and cause various social problems. Even though there are legal and systemic control measures, retaliatory crime is an increasing trend. This study is going to examine tendencies of internal retaliatory crimes and discuss legal-systemical responses.