• Korean Journal of Construction Engineering and Management
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• v.17 no.6
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• pp.24-30
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• 2016

Building Information Modeling, and its associated work practices, requires project participants to share not only 3D geometric data, but also information in the model that may be considered proprietary and even trade secrets. Thus protection of intellectual property, or BIM copyrights, must be in place for participants to share proprietary information among project stakeholders. Currently Korea does not have adequate copyright laws or mechanisms to provide such protection. This research examined three BIM copyright legal documents, namely U.S.' ConsensusDOCS 301, AIA Document E203/G202, and U.K.'s CIC BIM Protocol to determine how copyright protection is realized, and to formulate appropriate stipulations within the Korean construction context. The resultant requirements include stipulating ownership at to the BIM originator, adopting a license-sublicense scheme, employing a federated model, and use of a formal model delivey table to allocate responsibilities. Given Korea's adoption stage, liability should be minimal, and license revocation should be allowed if payments are not met. The three BIM legal documents focus on practical measures that allow participants to customize requirements for individual projects, and such conventions should be emulated in Korea.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.65-78
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• 2015

This paper aims to draw practical measures for the Protection of the Rights of the private security guards. The results of the analysis, and presents the legal definition if need be introduced for the protection of private security guards right, are as follows. First, it must be established in Private Security Act the basic provisions that assure the economic status of the private security guards. Secondly, there is a need to clearly define the scope of authority of private security guards. Third, there is a need to clarify the scope of physical force or power in the regulations relating to the duty of the private security guards. This provision during the "displayed its power", there is a possibility that is too arbitrary interpretation, it must be deleted. Fourth, it must be established by weighting penalties for assault of a private security guards. Finally, Private Security Act and the Petition Police Act has a difference in personality and the purpose of the enactment. So it is not desirable to be directly applied to private security guards the provisions that apply to the petition police.

• Fire Science and Engineering
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• v.34 no.4
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• pp.107-114
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• 2020

With the development of the national industry, the importance of the elderly and children such as the elderly, disabled, and children is recognized. Similarly, the number of facilities for the elderly and children is increasing. Fires at facilities for the elderly and children cause heavy casualties. In response to these events, it is essential to activate fire alarms promptly and accurately and to secure evacuation routes. In this study, the laws and statistics related to facilities for elderly and children were reviewed, and problems with legal terms-such as elderly, children, others, unwanted alarm of fire alarm systems, blind spots of fire compartment standards, securing evacuation routes, and absence of standards for life safety rescue organizations-were identified. As an improvement measure, the legal definitions of similar terms-such as elderly, children, unwanted alarm checklist, and establishment of standards for fire prevention compartment-and introduction of other terms-evacuation elevators, the establishment of standards for life-safety rescue organizations, and provision of flame retardation objects for evacuees-were proposed.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.39-75
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• 2009

The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

• Journal of Convergence for Information Technology
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• v.9 no.9
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• pp.44-51
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• 2019

Recently, various platforms utilizing blockchains have appeared. In order to develop the blockchain, it is required to improve related laws and institutions. In this respect, we analysis of the laws and systems related to domestic blockchains, draw out the limitations, and suggest directions for improvement. The research method was analyzed the literature and related laws through literature review. It is difficult to analyze the whole law and system at one time, so we examined the necessary laws and systems to revitalize the blockchain. It is confirmed that legal improvement is needed on the scope of electronic transactions and electronic financial transactions, electronic commerce, digital signatures, import and export, personal information protection, blockchain industry promotion and research. Through this, we expect a balanced development of effective blockchain revitalization and protection of national fundamental rights. Individual studies on the legal provisions and systems for each item in the future can be conducted.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1998.04a
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• pp.128-155
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• 1998

Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

• Korean Journal of Health Education and Promotion
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• v.20 no.1
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• pp.61-76
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• 2003

As people get broader access to health information through the internet, there is a greater need for measure to maximize the social advantages of the internet and to minimize negative side-effects. With this concern, this paper classifies internet health information services sites into : on-line supply of health information, on-line consultation, on-line diagnosis, and on-line sales. As well this paper analyzes domestic laws supporting and/or regulating these services. The efficient provision of internet health services requires comprehensive laws on individual privacy protection, prevention and handling of medical accidents, an electronic prescription form for internet diagnosis, electronic signing, payment for medical expenses, qualifications for internet medical practitioners. Additional laws are required to establish internet pharmacies and internet health goods stores. These new laws can be prepared either separately or through revision of existing laws governing medical practice, pharmacies, and public health promotion. However, as the legal control by the government on cyber processes and entities has a fairly minimal effect, consumers should be encouraged to improve their own capacity for wisely using internet health services and health-service providers should be encouraged to promote voluntary supervision and control of their own services and practices.

• Journal of Digital Convergence
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• v.9 no.3
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• pp.11-19
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• 2011

The spread of computer and network gets various social and economic activities done quickly and efficiently. As a result, it makes a crime using network easy and increases the vulnerability of a social system. As there is a crime as a social being, we need to give careful consideration to the crime occurring in virtual space. Accordingly, the purpose of this paper is to investigate the regulatory need of the Criminal Procedure concerning the network security issues as the new legal and regulatory space that begins to be realized from the late of 20th century because of the extent of social threat. Above all, we addresses whether the amendment of existing legal regulations is necessary, based on the special characteristics of the virtual space.

• The Journal of Information Technology
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• v.8 no.3
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• pp.57-71
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• 2005

This thesis is to explore the relaxation of restrictions at the acquisition of own stock, and to get the results from this system many countries' legislations were alluded as model cases for Korean system. In comparing with America, Japan, Europe(EC 2nd Commercial Law), and England, the final suggestion for Korean companies law as follows: The solution of problems which is derived from the acquisition at own stock in enterprise is to make the optimum situation for the economic development and stability of stock market. So, to solve these problems needs the relaxation of restrictions for this system and by the relaxation of restrictions can get the distribution of its profit to stockholder, and the compensation for employers and employees. Furthermore, through this system the company can achieve the protection against M&A and the supply of company funds. In conclusion the relaxation of restrictions at the acquisition of own stock is acknowledged the necessity, but the problems that would be followed must be necessarily minimized, and to do so, the legal system has to be molded for this purpose and the its procedure(that is, accounting deal of own stock, the fictitious dividend, and non-appliance of tendency control) has to be prior to the legal system.

• The Journal of Health Technology Assessment
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• v.6 no.2
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• pp.81-87
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• 2018

With the recent change of healthcare environment including rapid technological development, evidences are more and more important and necessary to support relevant policies in health technology assessment to provide safe and effective health services, utilizing medical resources efficiently. Despite of the emphasis on the importance of real world data and real world evidence in health care research, current infrastructure supporting clinical research is considerably weak due to absence of legal and institutional basis. However, in accordance with the Article 26 of the Health and Medical Technology Promotion Act, there is a limited legal apparatus that can be used only in public data with other dataset for the purpose of healthcare technology assessment at the National Evidence-based Collaborating Agency. Although the use of linked data from various sources was often required in the field of clinical research, it was not yet working well due to insufficient environmental conditions. In order to support the decision-making of medical practice and health care policies, data-linking platform for clinical research is needed. If the legal system that can link up to the data of the private institutions without violating the significant value such as the protection of private informations is established, it will be a decisive foundation reinforcing the researches and policy making processes for the improvement of the national health care system.