• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.285-304
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• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

• Journal of Korea Technology Innovation Society
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• v.12 no.3
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• pp.638-661
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• 2009

With the advance to the knowledge-based economy, science and technology (S&T) has been recognized as key factor in a nation's competitiveness. To cope with this kind of new trend Korean government has tried to increase the R&D investment and to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure for the year 2007 amounted to about 31.3 trillion won including government R&D of 8.9trillion won. With these efforts the capacity of Korea S&T has made great strides recently. Korea was ranked world's top 7 in R&D investment, top 12 in S&T paper publication and top 4 in patent application. Korean government enacted several pieces of legislation concerning S&T : the "Technology Transfer Promotion Act (1999)"; the "Framework Act on Science and Technology (2000)"; and the "Presidential Regulation for Managing the Government R&D Programs (2001)." In addition, the government has put a lot of effort into promoting the commercialization of technologies developed in public sector and improving the infrastructure of technology transfer and commercialization. However in spite of these various efforts, the technologies obtained from the public sector have not been transferred to the industry properly. Only 24.2% of technologies developed in the public for the year 2005 were transferred to industry. The royalty revenues of the public for the year 2005 was 1.5% of their total R&D expenditure. It shows only a third of the percentage of royalty revenues for the public sector in the U.S.A. and a second of Europe. There are many obstacles of public technology transfer such as immaturity of technology market, lack of licensing experience, and inadequacy of legal system and government policy. In this study I compared the Korean legislative system of patent management of government R&D outputs with the American system, derived problems from Korean system, and suggested proper alternatives.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.236-246
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• 2014

Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

• The Korean Society of Law and Medicine
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• v.25 no.1
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• pp.193-222
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• 2024

From a global trend, discussions on the patient's death with dignity are gradually progressing from the issue of withdrawal of life-sustaining treatment to the issue of whether to allow assisted death and its requirements. Several states in the United States and Western European countries such as Canada, Belgium, and the Netherlands have institutionalized treatment to accelerate the time of death through the assistance of doctors. In France, after a long period of raising and reviewing issues, discussions on related legislation are taking place at a slower pace than in other European countries. In France, social discussions and legislative attempts on death with dignity have been actively conducted since the late 20th century. The Leonetti Act of 2005 prohibited the continuation of meaningless treatment against the will of patients, and after the Clay-Leonetti Act of 2016, it was legalized to administer intensive and continuous sedatives to patients until death. However, unlike many neighboring European countries, treatment that speeds up the time of death itself is still prohibited in France, even if the patient wants. As the existential and universal question of whether to allow dying patients to die painlessly with the help of a doctor has recently emerged as an important issue, a number of lawmakers have submitted legislation to legalize assisted death. This paper examines the legislative process developed in relation to patients' rights to dignified death in France, and compares and reviews French legislation that attempts to legalize assisted death with the amendment to the Korean Life-Sustaining Treatment Act.

• Convergence Security Journal
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• v.15 no.3_2
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• pp.11-19
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• 2015

This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

• Journal of Information Science Theory and Practice
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• v.1 no.3
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• pp.60-73
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• 2013

The Database Industry Promotion Act was proposed at the National Assembly plenary session on July 26, 2012 and since then it has been in the process of enactment in consultation with all the governmental departments concerned. The recent trend of economic globalization and smart device innovation suggests a new opportunity and challenges for all industries. The database industry is also facing a new phase in an era of smart innovation. Korea is in a moment of opportunity to take an innovative approach to promoting the database industry. Korea should set up a national policy to promote the database industry for citizens, government, and research institutions, as well as enterprises. Above all, the Database Industry Promotion Act could play a great role in promoting the social infrastructure to enhance the capacity of small and medium-sized enterprises. This article discusses the background of the development of the Database Industry Promotion Act and its legislative processes in order to clarify its legal characteristics, including the meaning of the act. In addition, this article explains individual items related to the overall structure of the Database Industry Promotion Act. Finally, this article reviews the economic effects of the database industry for now and the future.

• Journal of the Economic Geographical Society of Korea
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• v.20 no.4
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• pp.431-452
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• 2017

This paper examines the development process of China's venture capital industry and the characteristics of its capital spatial configuration. The results reveal that the development of China's venture capital industry has its unique modality, which varies greatly from existing studies, namely, the desynchronized paces of industry development as well as the regional real capital supply and demand trend. More detailed observation shows the Chinese venture capital's spatial configuration has three main characteristics: first, the separation of the registered location and the actual location of business operation; second, the division and spatial configuration of the venture fund's capital circulation. To find the relevant factors related to the above phenomena, a correlation analysis was conducted between both market factors and non-market factors with the above capital spatial configuration. The analysis confirmed that besides the market factors, local legislative condition also presents a high correlation with the phenomena.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.400-405
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• 2022

Legislative approaches to regulating the digital sex industry are increasingly being debated at the international and national levels. There is a trend showing an increased interest in the decriminalization of sex work. At the same time, in many countries, activities related to digital prostitution remain criminalized. In this regard, it is important to analyze the international legal experience of the criminalization and decriminalization of digital prostitution, as well as to pay attention to the key problematic issues that arise during the criminalization and decriminalization of such an issue. The object of the study is the international experience of criminalization and decriminalization of digital prostitution. The subject of the study is social relations that arise, change, and cease during the criminalization and decriminalization of digital prostitution. The research methodology consists of such methods as philosophical, logical, special-legal, system analysis methods, and formal-dogmatic methods. Research results. As a result of the study of the international legal experience of criminalization and decriminalization of digital prostitution, it was concluded that the criminalization and/or decriminalization of digital prostitution is treated differently in different countries. Workers in this industry advocate decriminalization, not legalization, because decriminalization puts power directly in the hands of sex workers and creates no legal barriers. Countries that have decriminalized digital prostitution believe that sex work is real work and should be treated respectfully, and banning resources such as OnlyFans is not in favor of such workers. Regarding positions on the criminalization of prostitution, countries use different models of such criminalization, including the model of legalization of digital prostitution, which, on the one hand, allows prostitution, but establishes criminal liability for deviations from the rules established by the state.

• Analyses & Alternatives
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• v.3 no.2
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• pp.59-85
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• 2019

The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

• Korean Journal of Health Education and Promotion
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• v.3 no.1
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• pp.29-42
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• 1985

The purpose of this study was to evaluate the educatconal function of the health related articles. The health articles of the four major daily newspapers from Jan. 1st, 1980 to Dec. 31th, 1984 were used and examined for the study. Editorials were excluded. The major results were summarized as follows: 1. The total number of the health articles subjected to the study in the four major daily newspapers was 4,431. On the whole, the health articles were appeared most frequently in 1981. As for monthly distribution, the health articles were appeared most frequently on June.(9.3%). As for weekly distribution, the health articles were appeared most frequently on wednesday and saturday(50.8%). As for the subjects of content; the health articles related to the health & disease management were appeared most frequently(52.8%), but the health articles on industrial health were showed least frequently(0.6%). 2. Reviewing the chronological trend of the health articles, the frequency of appearance of the public health administration was tended to increase year by year, whereas that of enviornmental health, industrial health and population decrease relatively. As for appealing method, it was observed that the articles providing health information were steadily increasing. As for the motives of writing the health articles, there was a tendency that seasonal motive, symphosium & seminar and compaign were increasing, but motive of legislative action and administrative action were gradually decreasing. As for type of the health articles, it was observed that interpretation and research result were steadily increasing. As for the writer of the health articles, there was a tendency that writing by reporter was increasing, whereas writing by experts was decreasing. As for tone of head, the health articles written by identification statement was tended to increase. As for the appearance of photograph & cut, it was observed that the health articles excluding photograph & cut were increasing. 3. When contents were analyzed by subjects, for the purpose of providing information was used most frequently as appealing method for all subjects. As for the motive of writing, "from the interest of writers" was most frequent. As for the type of articles, interpretation type was most prevalent for the public health administration, enviornmental health, food hygrene & nutrition, population and health behavior, while contribution by experts was most frequent for the health & disease management. As for the size of articles, all subjects except the population were appeared most frequently on the column. size between 100㎠ and 199㎠.