• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.129-154
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• 2021

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.103-133
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• 2018

This paper examines whether the budget making process has improved since the Automatic Submission of Budget Bills to Plenary Session Act was enacted. The budget bill was passed before the Dec. 2 deadline from 2014 to 2016. Several researchers, therefore, concluded that the clause is in favor of the ruling party and the majority party. However, this study confirmed that the argument is valid only under the condition of unified government. In other cases, the government party can have a limited impact on the budget-review process, and the aspects of the budget screening process are similar to those before the Act was enforced. Under the conditions of the divided government and two-party system, it is difficult that the budget bill is passed by the legal deadline. In the case of the divided government and multi-party system without majority party, the third party exerts a very significant influence on the budget-review process.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.4
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• pp.151-160
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• 2018

The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

• Korea Trade Review
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• v.46 no.5
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• pp.49-63
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• 2021

The HS Convention is an agreement on the harmonized commodity description and coding system enacted by the World Customs Organization in January 1988 to promote international trade and unify the commodity classification systems internationally, and the seventh revision will take effect in January 2022. This study's main purpose is to consider criteria for classifying unmanned autonomous transport systems(UATS) in accordance with Section 17 of the HS nomenclature and to present recommendations for improvement of laws related to tariff classification which may be used to amend related laws in Korea. Currently, there are no provisions within the HS Nomenclature that classify unmanned autonomous transportation systems and equipments. Although such technologies have yet to be commercially deployed, they are being actively developed globally. Thus, this study aims to classify UATS and suggest appropriate amendments to the new edition of the HS Nomenclature and Korean law. This paper examines advance ruling cases from domestic and foreign HS classification under the revision of the HS Convention and the criteria for the classification of UATS and Domestic Korean and foreign classification case studies were investigated, along with a survey of the literature on UATS, in order to derive reasonable tariff classification criteria and present legislative implications. In conclusion, this study aims to provide legislative recommendations for how to improve the system to apply the revisions to the HS Convention to the domestic Korean statutes.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• Journal of Contemporary Eastern Asia
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• v.12 no.1
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• pp.21-34
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• 2013

How do mixed legislative systems shape voter behavior and public perceptions? Through an analysis of the electoral systems in Japan, South Korea, and Taiwan, this paper evaluates the extent to which the public in these three countries understand their mixed systems and whether claims of voter ignorance translate into irrational voting behavior based on the institutional effects of mixed systems. Through a multi-method approach including data from outside of East Asia, this analysis seeks to determine whether these three cases exhibit patterns consistent with other mixed systems. Empirical analysis affirms levels of strategic voting consistent with comprehension of electoral rules. Furthermore, this analysis suggests a disconnect between practical knowledge and electoral expectations.

• The Journal of Information Systems
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• v.6 no.1
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• pp.181-221
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• 1997

In order to provide effective information services in a province, we should first select vendors who enable to meet end-users' needs and develop information services for the sake of end-users. Cases, policies, technological and legislative issues in information services have been researched well. But no research has been done on potential information services in the future and their classification. In this study, based on literature survey, future information services are gathered, described, and classified with respect to the needs of end-users, and finally a framework for the classification of information services is developed. This framework can be used as a criterion to select, with a priority, information services to be provided in province through the information super highway. The framework will contribute to accomplishing the effective use of information resources in the province, and eventually balancing the level of information utilization between provinces.

• Journal of Agricultural Extension & Community Development
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• v.12 no.1
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• pp.57-68
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• 2005

Since about 2000. local government has started making ordinance related to the rural development planning which is revitalizing rural area through using rural resource. But, the ordinance of local government have not any contents relating to the land use planning system that is necessary in rural development planning. According to the present local autonomy act, ordinance can not have any regulations restricting basic human right without being allowed by law. In recent, central government is considering to hand power making land use planning system over local government. This paper is to study how to expand the legislative power of local government. This study discussed on logical bases through examining disputes on legal theories, the nature of local ordinance, range of local autonomy affairs and cases of local ordinance.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2009.04a
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• pp.155-160
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• 2009

Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.