• Title/Summary/Keyword: Legal ways

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The Gatekeeper's Dilemma: The Changing Relationship between Science and Law after the Introduction of the Daubert Standard (수문장의 딜레마: 도버트 기준 도입 이후 과학과 법의 관계 변화)

  • Kim, Sungeun;Park, Buhm Soon
    • Journal of Science and Technology Studies
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    • v.15 no.1
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    • pp.215-244
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    • 2015
  • The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.

Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.169-188
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    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Big Data Application for Judgment on Consumer's Awareness of the Trademark (상표의 소비자 인식 판단을 위한 빅데이터 활용 방안)

  • You, Hyun-Woo;Lee, Hwan-soo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.8
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    • pp.399-408
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    • 2016
  • As entering the Big Data age, utilization of Big Data is also increasing in the intellectual property sector. Meanwhile, the purpose of a trademark which distinguishes the source of the goods essentially is to enable the public to recognize the goods. Big Data technologies which is recently becoming a issue can be used as a tool to judge consumer's awareness of the trademark. It was difficult for judgment of trademark awareness through traditional ways. As a new way, survey methodology has bee received attention, and it was applied to the field of trademark law. However, various problems such as cost, time, objectivity, and fairness were observed. In order to overcome theses limitations, this study proposes new way utilizing big data analytics for judgment on consumer's awareness of the trademark. This new way will not only contribute to enhancing the objectivity of judging trademark awareness but also utilized to support for related legal judgments.

A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

A Preliminary Study on School Life Long Education through Home and Family Life Education by Home Economics Teachers (가정과 교사의 학교평생교육 관점에서의 가정생활 교육을 위한 탐색적 연구)

  • 이연숙
    • Journal of Korean Home Economics Education Association
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    • v.16 no.1
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    • pp.31-45
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    • 2004
  • The purposes of this study are to explore the several aspects associated with school life long education through home and family life education by home economics teachers and suggest the research and practicing model for this education and ways of activating it. The home and family life education with life long education perspective is defined and discussed why this education is needed in today's rapid changing society. The characteristics of school life long education are explained in terms of definition. legal basis, purposes and roles The needs of school life long education through home and family life education by home economics teachers are discussed in such ways as enhancing the public relations and the image of home economics education, contributing of home economics teachers to community and achieving the identity of home economics as a subject matter in secondary school. The systems model suggested for studying and practicing school life long education through home and family life education is consisted of input. throughput, and output. The element including in each process is related with each other thus the change of one element affects on both the other elements and the whole system. Several ways of activating of this education are recommended.

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Improving the Ship Marine Pollution Prevention Manager Education and Training Curriculum - Based on a Comparative Analysis between Korean and Foreign Legal Education - (선박 해양오염방지관리인 교육·훈련 교육과정 개선방안에 관한 연구 - 국내·외 법정교육 비교·분석을 기반으로 -)

  • Choi, Jung-Sik;Ha, Min-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.353-365
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    • 2020
  • The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

The Effect of Corporate Social Responsibility on Corporate Image and Corporate Performance (기업의 사회적 책임활동이 기업 이미지 형성과 기업 성과에 미치는 영향에 관한 연구: 공유가치창출 인지정도에 따른 차이비교)

  • Lee, Don-Gon;Lee, Myung-Jin
    • Journal of Distribution Science
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    • v.12 no.9
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    • pp.101-112
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    • 2014
  • Purpose - Recently, although corporate social responsibility activities have been increasing in size, they do not have to achieve qualitative improvements and can be passive and cost consuming. Therefore, companies should make quantitative as well as qualitative improvements in their efforts in corporate social responsibility activities. In this study, the classification of social responsibility activities in a variety of studies was analyzed through a more specific path than in previous studies. Corporate behavior image, social behavior image, and corporate contributions image were analyzed through a more detailed analysis of performance. This study suggests that more detailed and concentrated social responsibility activities be pursued by forming companies. Research design, data, and methodology - The purpose of study is to gauge the corporate need for a more intensive, specific area of CSR activities. For this purpose, the sample of consumers that were targeted for CSR activities, recognized as 261 persons, have been investigated. Through a theoretical discussion on previous research, nine hypotheses were established on corporate image, the influence of corporate performance on CSR, and the CSV regulation effect. In order to test the hypothesis, a survey was conducted on 261 male and female consumers who were targeted for CSR, being persons in their 20s to 40s. PASW Statistics 18.0 and AMOS 18.0 were used for statistical analysis. Results - Corporate behavior image was formed through legal responsibility activities and economic responsibility activities. In addition to economic responsibilities, ethical responsibilities and environmental responsibilities were confirmed to have influence on social behavior image. Corporate social responsibility and philanthropic responsibility were confirmed to have influence on economic contribution image. Corporate image has positive effects on brand attitude, corporate reputation, and corporate competition. In addition, when CSV awareness is high, consumers perceive corporate image only through economic responsibility. However, when CSV awareness is low, economic responsibility as well as legal responsibility through charitable activities form the corporate image that influences the brand attitude and corporate reputation, as well as corporate competitiveness. It would appear that the area of corporate social responsibility needs more intensive management for corporate image and corporate competitive advantage. Conclusion - First, the findings of this study show that each CSR activity has a different effect on corporate image and thus, the corporate image influences corporate performance in distinct ways, depending on the CSR activity. This implies that reactive strategies should be tailored to the required image. Second, there is a difference in CSV awareness between groups. When the CSV awareness is low, we can confirm that legal responsibility activities have an especially significant effect on corporate image, implying that corporations should pursue their economic objectives within legal regulations and need to invest significant time and effort for this. This study has limited generalization potential because the result of the model fit has insufficient reference value. In future research, we need to approach various dimensions of corporate performance.

A Study on Improvement of Legal System for Harmful Chemical Substance Response Management System (유해화학물질 대응시스템 적용을 위한 제도 개선 연구)

  • Oak, Young-Suk;Lee, Young-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.4
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    • pp.216-223
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    • 2017
  • Chemicals are an indispensable element of modern society to the extent that more than 15 million species are commercially available worldwide. However, among them are chemicals whose toxicityposes a threat to public health and the environment, as illustrated by past cases of chemical accidents, which revealed their danger to human life. Chemical accidents can spread and cause huge damage in a short time because of their characteristics. Therefore, it is important to do as much as possible to prevent them in advance and to respond promptly after an accident. The legal system pertaining to domestic chemical substances is the "Toxic Chemical Control Act", which is made up of the "Act on the Registration and Evaluation of Chemicals" and the "Chemical Control Act" since 2015. Under this law, the Comprehensive Chemical Information System and Chemical Substance Data Processing system were established and are still operating;however, chemical accidents are still occurring. These systems are comprehensive information systems aimed at providing chemical information rather than acting as chemical response systems, which has limited the effectiveness of accident response. This study is intended to analyze the information management systems, response management systems and the basis of chemical substance management support for hazardous chemicals and suggest ways to improve the legal system for developing and operating chemical response systemswithin a municipality.

A Study on the Improvement Legal System for Next-generation Records Management (차세대 기록관리를 위한 법체계 개선방안 연구)

  • Lee, Jin Ryong;Ju, Hyun Mi;Yim, Jin Hee
    • The Korean Journal of Archival Studies
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    • no.55
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    • pp.275-305
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    • 2018
  • The advent of e-government following the information revolution has affected public records systems. Records management should now be changed into an environment for establishing a national records management system based on the Internet of things (IoT), cloud, big data, and mobile (ICBM), and it is time to make a fresh start toward a next-generation records management system that responds to changes in the environment. Ultimately, it is time for a records management system that ensures a proper way of dealing with new environmental changes. It has been nearly 20 years since the Public Records Management Act was enacted in 1999, and its complete amendment was made in 2006 so that electronic records could be efficiently managed. When recompliance management needs to be rechecked, a full redesign is required to enable the current legal system to respond to the new circumstances in the present day. Therefore, this study is intended to suggest ways to improve the new records management legal system as the environment changes over the next generation and lay the legal groundwork for innovation in the national records management system.

A Study on the Active Economic Activities by the Job Program to Overcome the Poverty of the Elderly in the Aged Society (고령사회 노인빈곤 극복의 일자리사업을 통한 적극적 경제활동 방안 고찰)

  • Kim, Young-Chul;Kim, Seo-Ho
    • Industry Promotion Research
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    • v.6 no.1
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    • pp.55-62
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    • 2021
  • This study regards the need for jobs to overcome the poverty of the elderly in an aged society, and as well as researches ways to participate in active economic activities in old age. The results of the study are as follows. First, the legal system needs to be improved. In addition to institutional support for the expansion of jobs for the elderly, improvement of awareness of the elderly and reinforcement of infrastructure such as a delivery system are required, and a legal basis for this is needed. To this end, occupations targeting the elderly must be selected first, and legal procedures must be prepared by the government. Second, there must be social consideration and support for the elderly. Extension of the retirement age plays an important role in enhancing employment for the elderly. Along with the improvement of the legal system, social consideration is required. Therefore, since the elderly policy without social consensus is bound to fail, various support methods that can lead to social support must be devised. Third, the elderly must have a sense of poverty and willingness to rehabilitate themselves. Elderly people should not only ask for their children and social support. The elderly must be able to find a way to become the economic agent themselves. To do this, a basic awareness of the elderly poverty consciousness is needed, and a change of awareness to escape the poverty of the elderly is necessary. Therefore, the elderly need to be self-reliant, and they must choose jobs according to their own abilities. In conclusion, the elderly job program is a part of income increase that solves the poverty of the elderly in the aged society, and the elderly are required to actively participate in economic activities.