• Title/Summary/Keyword: Legal protection

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A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.

A Study on Social Responsibility Practices of Fashion Corporations (패션기업의 사회적 책임 활동 연구)

  • Choi, Min Kyoung;Sung, Heewon
    • Korean Journal of Human Ecology
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    • v.22 no.1
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    • pp.167-179
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    • 2013
  • In recent years, Corporate Social Responsibility (CSR) has received particular attentions from both practitioners and scholars. This study focused on Korean national fashion businesses and identified various types of CSR practices in addition to social contributions. Besides, comparison in corporation by size of the number of full-time employees and sales volume were examined. A total of 1054 cases of 147 brands, 86 corporations between 2000 and 2012 were collected from internet articles and brand home pages. Findings were as follows. First, the types of CSR activities were categorized into the following six: economic responsibility, legal responsibility, consumer protection, protection of worker's right, protection of environment, and social contribution. Social contribution took largest portion of CSR activities (67.7%), followed by environmental protection (14%), and protection of worker's right (6.2%). The other three types presented limited cases but included negative aspects of CSR. Social contribution consisted of six sub categories (culture & art, sports, education, donation, voluntary service, and campaign), and donation took the largest part of social contribution area. Second, comparing 86 corporations by the size of the number of full-time employees, companies more than 300 employees (38.1%) were more likely to practice CSR activities. Similarly, companies with more than 500 billion won sales (13.1%) were more active in their CSR activities than their counterparts. Suggestions are given for improving CSR practices to fashion business.

Contents and Its Implications of U.S. Consumer Financial Protection Bureau (CFPB)'s 2015 「Arbitration Studies: Report to Congress」 (미국 소비자금융보호위원회(CFPB)의 2015년 「중재연구 의회보고서」의 내용과 시사점)

  • AHN, Keon-Hyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.69-89
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    • 2018
  • The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

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Recent Trends in the Theory of Expectation Rights Violations in Japan (기대권침해론에 관한 일본의 최근 동향)

  • Song, Young Min
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.209-236
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    • 2013
  • The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

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Distributional Characteristics and Improvements for Wildlife Protection Areas in South Korea (야생동·식물보호구역 분포 특성과 개선과제)

  • Lee, Gwan-Gyu
    • Journal of Environmental Impact Assessment
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    • v.20 no.5
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    • pp.685-695
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    • 2011
  • Through the analyses of the distribution characteristics and management practices of the wildlife protection areas, this study intends to present basic data for improving the management of protected areas. 1) Based on the aggregate results of the protected areas, the average ratio of the metro-city and provincial areas to the designated protected areas was 1.49%; except for Chungcheongbuk-do (8.83%) and Gyeongsangnam-do (3.43%), most regions showed specified percentages of about 1%, whereby the analysis suggested that the designated protected areas were too small. 2) Considering the fact that most (86.16%) of the wildlife protection areas are in the regions that are of ecological nature level of grade 1, green nature level of grade 8 or better, and of legal conservation regions and districts, it was shown that these reserves are distributed in regions with excellent natural environmental conditions. 3) Designation of protected areas for the protection of wildlife and fish is deemed to be necessary. Although there are 588 wildlife & plant reserves, there are absolutely no designated areas for protecting plant and fish species. 4) Based on the results of an analysis of the current distribution by types, 92.47% of protected areas were concentrated in the mountains, 0.24% in the agricultural lands, and 7.29% distributed in the lakes/rivers/costal areas. 5) As major improvement projects, proposed were: advancement of management systems for protected areas, expanded designation of protected areas, overhaul of managed areas, designation of protected areas for the protection of wild plants and fish, need for management measures for private property and the surrounding areas, need to secure appropriate management personnel and collaboration, locally-adapted management, eco-information-based management, total management of protected areas, etc.

A Study on the Applicability of Anonymous Authentication Schemes for Fine-Grained Privacy Protection (개인정보보호를 위한 익명 인증 기법 도입 방안 연구)

  • Ki, Ju-Hee;Hwang, Jung-Yeon;Shim, Mi-Na;Jeong, Dae-Kyeong;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.20 no.6
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    • pp.195-208
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    • 2010
  • As information communication technologies have highly advanced, a large amount of user sensitive information can be easily collected and unexpectedly distributed. For user-friendly services, a service provider requires and processes more user information. However known privacy protection models take on a passive attitude toward user information protection and often involve serious weaknesses. In reality, information exposure by unauthorised access and mistakenly disclosure occurs frequently. In this paper, we study on the applicability of anonymous authentication services for fine-grained user privacy protection. We analyze authentication schemes and classify them according to the level of privacy newly defined in this paper. In addition, we identify security requirements that a privacy protection scheme based on anonymous authentication can achieve within legal boundary.

Suggested Improvement Strategies for the Efficient Review and Rational Operation of Institutional Review Board (IRB) Based on the Analysis of IRB Review Results (Institutional Review Board 심의 결과 분석을 통한 효율적 심사 및 합리적 운영에 대한 개선안 모색)

  • Lee, Yoon Jin;Jang, Hye Yun;Jang, Jung-Hee
    • The Journal of KAIRB
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    • v.4 no.1
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    • pp.5-15
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    • 2022
  • To suggest future directions for the improvement in the Institutional Review Board (IRB) review process and efficient operation of IRB, we have analyzed the IRB review results from 460 new research proposals submitted to the Review by the Convened IRB of the Keimyung University Dongsan Hospital IRB from January 2019 to July 2021. IRB is an independently established institutional committee to protect the human subjects by reviewing the research protocol in ethical as well as scientific aspects, so it is necessary to continuously contemplate the ethical versus scientific dilemma of 'what is ethical or scientific and what can actually protect human subjects.' Particularly, in this process, it is necessary to consider diverse ways to strengthen self-supervision through continuous Internal Audit rather than simple reporting outcomes. In addition, if it does not directly affect the protection of the human subjects, the discussion with the committee members is needed so that the comments such as administrative and typographical errors can be reduced as much as possible. Furthermore, as statistical analysis methods can have a significant impact on the safety of human subjects, if a legal basis and/or support related to statistics is provided for the composition of IRB members, a more specialized IRB review will be achieved.

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Issues on the Patient's Information Protection (환자 의료정보 보호의 문제)

  • Jeong, Bu-Gyun
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.339-382
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    • 2008
  • Medical information is one of significant private information that includes in-dividual's own diverse information. Once opened, it exposes one's health condition and medical history to a third party, which could bring about serious troubles. On this account, the third parties are of much concerns about the information. If medical information collected through various routes is used with another purpose, oilier than the initial intention, it might cause serious results beyond one's control. Thus, it is essential to keep the information confidential. Also, the discrimination based on the medical information ought to be banned because it is likely to happen that exposed information socially stigmatizes a person, being discriminated in a work place or a school when he/she is employed or gets an insurance. In the current system, only medical institutions are responsible for protecting or securing medical records. Despite the information technology development and the increased interests in medical information, there are quite a few limitations in legal, technical, and administrative aspects. All kinds of organizations, involved in collecting and using the information, as well as medical institutions primarily producing and managing it should share the responsibilities.

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Comparison of Perception and Experience of Informed Consent among Physicians, Nurses and Patients (사전동의에 대한 의사, 간호사 및 환자의 인식과 경험)

  • An, Myung Sook;Min, Hye Sook
    • Journal of Korean Clinical Nursing Research
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    • v.14 no.2
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    • pp.59-70
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    • 2008
  • Purpose: Purposes of this study were to promote understanding on mutually informed consent by comparing and analyzing the perception and experience of informed consent among physicians, nurses, and patients. Method: Participants in the study were 145 physicians, 300 nurses, and 178 patients from eight hospitals in Busan. To examine their understanding and experience with informed consent, all participants responded to a questionnaire. The collected data were analyzed using SPSS/PC 12.0 program. Results: On the necessity of informed consent, the affirmative percentages were 95.9% for physicians, 99.0% for nurses and 84.8% for patients. As to the most important reason for informed consent 47.6% of the physicians and 64.3% of the nurses answered 'because it is an occupational and ethical duty', while 46.6% of the patients answered 'because it is protection for physicians'. Regarding the legal decision maker for informed consent, 33.1% of the physicians, 27% of the nurses, and 42.1% of the patients answered that the legal decision-making right belonged to the 'patient'. The agreement rate on the necessity of providing a comprehensive explanation about informed consent was 89.0% for physicians, 98.3% for nurses, and 96.1% for patients. Conclusion: Most physicians, nurses, and even patients have inaccurate perceptions and inappropriate experience with informed consent.

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Development of effective management strategy for geographical database based on the concept of intellectual property rights (지리정보DB의 효율적 유통관리 방안 연구 - 지적재산권 설정을 중심으로 -)

  • 양광식;이종열;이영대
    • Spatial Information Research
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    • v.11 no.1
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    • pp.73-88
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    • 2003
  • Geographical data sets are expensive to create and are very easy to copy because the intellectual property rights for the distribution should be protected. The main object of copyright law is to encourage expression of ideas in tangible form and it extend only to original works, it is limited to control the balance of interests between data producers and user. Because the development of a useful legal framework for both private and public activity in this field is an important issue. This paper presents an intial attempt at such a the effective management strategy intended to support continuing research into the legal protection of geographical information.

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