• Title/Summary/Keyword: Legal reason

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Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

A Study on Dispute Resolution Procedures under the German Consumer Alternative Dispute Resolution Act (독일의 대체적 소비자분쟁해결법상 분쟁해결 절차에 관한 연구 -분쟁조정인의 법적 지위와 역할을 중심으로-)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.32 no.1
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    • pp.71-91
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    • 2022
  • The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

Recognition and Consumption for the Health Functional Food of College Students in the Northern Gyeonggi-do Area (경기북부지역 대학생의 건강기능식품 인식 및 섭취 실태 조사)

  • Kim, Young-Soon;Choi, Byung Bum
    • The Korean Journal of Food And Nutrition
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    • v.29 no.2
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    • pp.206-217
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    • 2016
  • This study was conducted to assess the recognition and consumption of health functional food (HFF) of the college students in the Northern Gyeonggi-do area (Republic of Korea). To accomplish this, a survey was conducted to investigate 360 college students (183 males and 177 females) regarding their general characteristics, as well as the recognition, knowledge, considerations, purchases and consumption of HFF. Most male and female students (68.9% and 61.6%, respectively) were unaware of the HFF certification mark, however, more females(58.8%) were aware of the legal HFF definition compared to males (36.6%). The HFF advertising routes for males and females were 'TV radio' (43.2% and 43.5%, respectively) and 'internet smart phones' (19.7% and 27.1%, respectively). The main factor considered for selection and the most serious problem concerning HFF by males and females were 'effectiveness' (36.1% and 43.6%, respectively) and 'hype (exaggerated advertisement)' (35.0% and 55.9%, respectively). The main purchase route by males and females was 'pharmacy' (35.2% and 27.8%, respectively). The main reason for HFF product purchase by males and females was 'health promotion' (38.8% and 29.4%, respectively) and the main reason for not purchasing an HFF product was 'no health problem'(34.8% and 36.7%, respectively). The percentage of HFF consumption was 46.0% in males and 69.8% in females. The main HFF product consumed by males and females was 'vitamin mineral' (36.9% and 43.5%, respectively). The main reason for HFF consumption by males was 'health promotion' (31.0%) and females was 'recovery from fatigue' (21.8%). The main reason for not consuming HFF by males and females was 'no health problem' (38.4% and 41.5%, respectively). These results suggest the need to provide correct information concerning HFF to college students. Based on these results, greater efforts should be made to provide meaningful information regarding factors affecting purchase and consumption patterns for college students related to the research and development of HFF in the Northern Gyeonggi-do area.

An Analysis of Web Services in the Legal Works of the Metropolitan Representative Library (광역대표도서관 법정업무의 웹서비스 분석)

  • Seon-Kyung Oh
    • Journal of the Korean Society for Library and Information Science
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    • v.58 no.2
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    • pp.177-198
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    • 2024
  • Article 22(1) of the Library Act, which was completely revised in December 2006, stipulated that regional representative libraries are statutory organizations, and Article 25(1) of the Library Act, which was revised again in late 2021, renamed them as metropolitan representative libraries and expanded their duties. The reason why cities and provinces are required to specify or establish and operate metropolitan representative libraries is that in addition to their role as public libraries for public information use, cultural activities, and lifelong learning as stipulated in Article 23 of the Act, they are also responsible for the legal works of metropolitan representative libraries as stipulated in Article 26, and lead the development of libraries and knowledge culture by serving as policy libraries, comprehensive knowledge information centers, support and cooperation centers, research centers, and joint preservation libraries for all public libraries in the city or province. Therefore, it is necessary to analyze and diagnose whether the metropolitan representative library has been faithfully fulfilling its legal works for the past 15 years(2009-2023), and whether it is properly providing the results of its statutory planning and implementation on its website to meet the digital and mobile era. Therefore, this study investigated and analyzed the performance of the metropolitan representative library for the last two years based on the current statutory tasks and evaluated the extent to which it provides them through its website, and suggested complementary measures to strengthen its web services. As a result, it was analyzed that the web services for legal works that the metropolitan representative library should perform are quite insufficient and inadequate, so it suggested complementary measures such as building a website for legal works on the homepage, enhancing accessibility and visibility through providing an independent website, providing various policy information and web services (portal search, inter-library loan, one-to-one consultation, joint DB construction, data transfer and preservation, etc.), and ensuring digital accessibility of knowledge information for the vulnerable.

A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

Female College Students' Perception of Work Scope of Dental Hygienist and Boundaries of Medical Personnel according to the Major

  • Hong, Yang-Hee;Lee, Jung-Mi;Woo, Hee-Sun
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.3
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    • pp.177-183
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    • 2020
  • The purpose of the study is to investigate the women's college students' perceptions on work scope of dental hygienists and the inclusion of dental hygienists in the category of medical personnel. A self-reported questionnaire was completed by 180 Suwon women's college students from August 26, to September 11, 2019. The questionnaire consisted of oral health condition of the subjects, perception of both legal and illegal work scope of dental hygienist, the degree of recognition of medical personnel occupations by subject, and the reason why they thought dental hygienists are medical personnel. The collected data were analyzed based on frequency, percentage, and descriptive statistics using IBM SPSS VER 22.0. It showed significantly different perception of work scope of dental hygienists according to the major. Percent of 70 of the subjects perceived dental hygienist as a medical personnel, the opinions on the necessity were as follows: The Ministry of Health and Welfare issues a license through the national examination role and dental hygienists assist the care of dentist. Therefore, clinical dental hygienists should be promoted to medical personnel through the amendment of the medical law so that the duties practiced by the dental hygienist can be matched with the legal practice.

An outlook for Digital Signize (디지털 사이니지의 전망)

  • Park, Su-lim;Kim, Seong-ji;Joo, Yo-sub
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.05a
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    • pp.525-529
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    • 2015
  • Depending on the field of smart industry has become increasingly widespread, the digital signage industry as advertising and content industry is emerging. However, this industry is growing rapidly it is not the reason for that is lack of a legal definition or system. The current legal system merely existing laws that apply to the use of outdoor advertising such as advertising and outdoor advertising Electrical, according to a separate law on digital signage is still is not enough. Most of the current legal system between a size that it is put in the control object, its type, the installation location and details and locations of areas in accordance with the regulation member of the law which can reduce the effectiveness of such a business to control them collectively There is concern that the differences are caused by unification can be difficult. In reality, the institutions of the new law was necessary, organized under the existing regulation rather than promoting new laws to screen the effectiveness of the national business media industry through a kind of standardization and unification of the digital signage industry in the future creation of a jurisdiction other than safety administration Science It is important to foster.

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The Possibility of E-Books' and Digital Libraries' Coexistence with the Current Legal System (전자책과 디지털도서관, 그리고 현행법의 상생 가능성)

  • Lee, Young-Dae;Kim, Hanah
    • Informatization Policy
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    • v.18 no.4
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    • pp.85-102
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    • 2011
  • The world is focusing on e-books as the e-book market is growing rapidly as a fused industry at the crossroads of information technology and digital content. Many countries are actively participating in this new market and leveraging on its potential and growth, while Korea's market is still in its preliminary stage. There is a good reason to be concerned over the fact that access to digitalized materials that are the most relevant to the current time are not readily available. Therefore, the strategy in collecting and utilizing content must be newly refurbished. In order to do this, the legal issues and policies related to digital libraries must be considered. The most relevant examples from abroad are Google Book Search and the EU's Europeana project. Then, what are the necessary measures for Korea to materialize its own digital library? Digital libraries can significantly influence social welfare and bring forth economic effects. Social preparation surrounding this subject should continue to increase because digital libraries will change the manner in which people share and use information. Therefore, this paper aims to examine the legal and economic problems and issues related to the establishment of digital libraries as well as to provide policy recommendations.

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A Comparative Study on the Civil Aviation Law between South and North Korea. (남.북한 항공법 비교연구)

  • Kim, Maeng-Sern;Lee, Si-Hwang
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.97-121
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    • 2006
  • Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.

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Analysis by Defensive Process Prerequisite and Offensive Cause of Action on the Merits of Lawsuit Cases in Urban and Housing Redevelopment - Based on Affirm-Rate and Staircase Matrix Tables - (도시정비사건 소송의 본안전항변사유와 본안쟁점사항에 관한 분석 - 인용률 및 행렬표식 분석기법을 활용한 -)

  • Kim, Yohan;Jung, Boseon;Lee, Sangyoub
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.104-114
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    • 2019
  • This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law.