• 제목/요약/키워드: Legal structure

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Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

법적 증거 능력을 위한 오디오 파일의 메타데이터 및 파일 구조 분석의 한계: 삼성 스마트폰을 중심으로 (Limitations of Analyzing Metadata and File Structure of Audio Files for Legal Evidence: Focusing on Samsung Smartphones)

  • 백성원;손호민;박재완
    • 문화기술의 융합
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    • 제9권6호
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    • pp.1103-1109
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    • 2023
  • 오늘날, 스마트폰의 확산에 따라 오디오 파일이 법적 증거로 제출되는 수가 증가하면서 오디오 파일의 무결성은 중요한 이슈가 되고 있다. 이에 본 연구는 삼성 스마트폰에서 녹음된 오디오 파일의 메타데이터 및 파일 구조가 원본과 동일하게 조작될 수 있는지를 탐구하는 것을 목적으로 한다. 본 연구는 국내에서 가장 많이 사용되고 있는 삼성 스마트폰을 기반으로, 내장된 음성 녹음 앱과 녹음 앱으로 가장 인기가 높은 '이지 보이스 레코더' 앱을 대상으로 실험을 수행했다. 본 연구의 실험을 통해 오디오 파일의 메타데이터와 파일 구조는 조작이 가능하다는 것이 증명되었다. 따라서 본 연구는 오디오 파일이 법적 증거 채택을 위한 감정이 수행될 때, 메타데이터 및 파일 구조 분석은 무결성을 증명하는 데 한계를 지닌다는 점을 밝힌다. 또한 메타데이터 및 파일 구조 분석에 의존하지 않는 새로운 음성 파일 위변조 기술의 개발이 필요성을 주장한다.

어로장의 법률상의 지위에 관한 연구 (A Study on the legal status about chief of fishing boats)

  • 임석원
    • 수산해양교육연구
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    • 제23권4호
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

상법상 선장의 지위와 선박소유자의 대리권의 판례에 관한 연구 (A Study on legal status of shipmaster and precedent of his Authority)

  • 황석갑
    • 한국항해학회지
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    • 제17권3호
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    • pp.1-14
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    • 1993
  • The master of ship is always authorised to perform whatever acts are ordinarily necessary for the safe and proper prosecution of the voayge with regard to both ship and cargo. In other words, when a ship is away from her home port, where her business was managed, the master generally carried the owner's authority, and ordinarily he had power to enter into engagements, on their behalf, for carrying goods in the ship, or for letting her service, provided those engagements were consistent with the usual manner of employing her adopted by the owners. Accordingly he has always to decide onboard for an adequate applying of statutory law and cases whenever he acts. But the master would appear to have no such autho-rity where he can communicate with the owners without difficulty as, now-a-days, he nearly always can. This paper, therefore, intend to review some guidance of his authority in accordance with the Korean Code of Commerce as well as precedent based on it. The paper is also simply to place at the disposal of young shipmasters and those who aspire to command some legal information concerning limit of master's authority away from vessel's home port through legal commentation on the precedent, which may assist them to a better understanding of the many problems they may be faced with in the course of their ca-reers. In order to make an efficient study of legal structure concerned for shipmaster's authority, several up-to-date precedents are selected and described herein by writer's opinion for preventing unreasonable legal dispute in this field before courts in future.

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독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰 (Legal Issues Relating to Construction of the Dokdo Ocean Research Station)

  • 이용희
    • Ocean and Polar Research
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    • 제32권4호
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    • pp.427-437
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    • 2010
  • The Korean Government is trying to construct an ocean research station in Dokdo's water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.

UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계 (Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles)

  • 허해관
    • 한국중재학회지:중재연구
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    • 제32권2호
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    • pp.31-53
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    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

금전채권의 국제적 양도에 관한 연구 - 채권양도금지특약을 중심으로 - (A Study on the International Assignment of Monetary Rights - Focused on Special Contractual limitations on Assignment of Receivables -)

  • 류창원
    • 무역상무연구
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    • 제71권
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    • pp.59-84
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    • 2016
  • Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

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The Type setting and Application of the New-hanok type Public Buildings - Focused on Cases were completed after 2000 -

  • Park, Joon-Young;Kwon, Hyuck-Sam;Cheong, So-Yi;Bae, Kang-Won
    • KIEAE Journal
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    • 제15권5호
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    • pp.47-57
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    • 2015
  • Purpose: The purpose of this study is to set the type of 'the New-hanok type Public Buildings' through a case study for the hanok public buildings completed after 2000 years, and to analyze planned properties of the type. This is significant Establishing legal status of 'the New-hanok type Public Buildings' and seeing review of application possibilities of the type for providing a systematic government support measures of 'the New-hanok type public buildings' when models developing future. Method: Method of research is the first to examine the current laws and established the definition and legal status of 'the New-hanok type Public Buildings'. Followed by Setting the type classification criteria as to classify the type of 'the New-hanok type public buildings' and research architectural overview of selected cases by Literature, Internet searches, etc. After systematizing of the types classification of analysis cases, Characteristics of the type of the building structure looks catch classify in spatial structure, function, beauty. Finally, review application possibilities of the type for systematic government support measures establish when models developing of 'the New-hanok type Public Buildings' through a comprehensive analysis. Result: Selected cases were categorized as 3 types according by structural standard based on the core concept of 'the New-hanok type Public Buildings' set in this study. This can be divided into 'Wooden Structure type' and 'Composite structure - Convergence type' and 'Composite structure - juxtaposed type', 'Wooden Structure type' was re-classified by divided into '(1)Traditional Korean Wooden Structure' and '(2)Laminated Wood Wooden Structure'.

지반굴착분야에서의 사고발생시 법률적 대응방안 (Domestic Law and Legal Countermeasures for Ground Excavation related Accidents)

  • 이상호;나승민
    • 한국지반공학회:학술대회논문집
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    • 한국지반공학회 2009년도 세계 도시지반공학 심포지엄
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    • pp.671-676
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    • 2009
  • Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

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A Research on Legal Risk Prevention of Chinese enterprises' FDI in China-Japan-Korea FTA

  • SU, Shuai;ZHANG, Fan
    • 융합경영연구
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    • 제7권4호
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    • pp.6-9
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    • 2019
  • Purpose - This research mainly studied with the promotion of "one belt and one road "initiative's strategy and the construction of China, Japan and South Korea Free Trade Zone, China exports urgently needed industrial products to Japan and South Korea, which will not only help digest excess industrial capacity, optimize China's industrial structure, but also promote the economic development of Japan and South Korea. Research design, data, and Methodology - The study conducted a survey on 2018 year new revision of China-Korea Japan's data. Results -This study shows that In this process, multinational enterprises, as pioneers of economic development, play an irreplaceable role. However, due to the differences between laws of different countries and their own corporate culture concepts, enterprises in different countries will inevitably encounter various conflicts in the process of development. Conclusions -This requires our enterprises to have awareness of legal risk prevention in the process of development, and to study the corporate culture of relevant enterprises to truly achieve win-win cooperation.