• Title/Summary/Keyword: Public Obligation

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Portal's Liability for User Reply to News Article, Provided by the News Media -A Critical Analysis on 2005 GaHap64571 of Seoul Central District Court- (언론사로부터 전재 받은 뉴스기사의 댓글에 대한 포털의 작위의무 -서울중앙지법 2005가합64571 판결에 대한 비판적 고찰-)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.42
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    • pp.140-167
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    • 2008
  • This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

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A Study on Improvement of Site Selecting Indicators for Safe Pedestrian Environment (안전한 보행환경 사업 대상지 선정지표 개선방안 연구)

  • Lee, Jong Nam;Heo, Joon;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.1
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    • pp.79-86
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    • 2013
  • As car-oriented road policies have been made forward so far, relatively pedestrians' walking conditions are so in poor environments that more than two thousand pedestrians die from car accidents every year. Pedestrians' walking right has been severely invaded like that. Pedestrians' walking right is a right that people are able to walk safely and comfortably in pleasant surroundings as long as they don't threaten the public safety, order maintenance, and welfare. The government has an obligation to provide safe, comfortable, and pleasant environments to pedestrians. Recently interests in pedestrians' safety are increasing, government-driven supports have been made to make safe, pleasant, and healthy walking surroundings. As poor walking condition improvement projects cost high, they should be progressed to accomplish maximal effects using finite finances efficiently, and post feasibility evaluations of the projects should be severely estimated. However site selecting indicators which satisfy with the goal for composing safe working surroundings have not been decided yet, though currently it has a legal basis to specify walking condition improvement sites by the Law for Pedestrians' safety and Comfort Increasement. Therefore this study focuses on suggesting improved ways for selecting sites where pedestrians' safe environment project by reviewing previous research. When project sites are selected, evaluation indicators related to awareness survey of residents and history should be excluded, and disaster safety assessments for walking safety facilities, latent human hazards and natural disasters like a strong wind are proposed besides evaluations on pedestrians' safety and walking environment for matching with the purpose of the project to make safe working surroundings.

A Way of Measuring Political Leaders′ Image: In Case of College Students (정치지도자들의 이미지 측정방법 연구: 사회정체성에 관한 대학생 조사자료를 중심으로)

  • 이명진;최샛별
    • Survey Research
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    • v.5 no.1
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    • pp.51-78
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    • 2004
  • This paper examines political leaders' image based on the concepts of social identity and distance. These concepts come from the two ideas: (1) Individuals create events to confirm the sentiments that they have about themselves and others in the current situation. (2) During this process structured sets of beliefs (social identity) about attributes of various entities are formed. Statistical analysis of the data from college students in Seoul offers three main findings. First, attributes clustered into four major groups-sociability, responsibility, power and activity. Sociability concerns as sense of approval or disapproval that can elaborated into closeness and intimacy. Responsibility relates to the judgement of morality, public obligation, or other standards. Power refers to social power, physical magnitude and so on. Activity indexes an entity's spontaneity, which can be elaborate into judgements of agency, speed and so on, Second, respondents evaluate negatively political leaders at the dimensions of sociability, responsibility, and activity, They are positively evaluated only at the dimension of power. Third, political leaders who are felt to be closer than others seem to have more political support nowadays.

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A Study on Managerial Strategies of Electronic Mail(E-Mail) Messages as Records (전자우편문서의 기록관리적 접근전략에 관한 연구)

  • Seo, Eun-Gyoung
    • Journal of Korean Society of Archives and Records Management
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    • v.4 no.1
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    • pp.1-21
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    • 2004
  • Records may furnish proof of a particular action, contain information that protects the rights of individuals or government, and document decisions made during the course of government business. As business in and between government agencies will increasingly be conducted through electronic messaging service, the need to manage e-mail messages and systems is the same as for other record management systems concerning the creation of, retention of, and access to public records. Therefore government agencies that use electronic mail(e-mail) have an obligation to make employee aware that e-mail messages, like paper records, must be managed according to established record management procedures. The purpose of this paper is to suggest guidelines and/or strategies on managing e-mail messages as records for agencies which must take steps in order to make, capture, maintain, dispose, store, protect, and provide access to e-mail messages. This paper discusses on the definition of e-mail messages, principles on managing e-mail message, and how to manage e-mail messages as records.

A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.323-349
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    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

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A Study on the Problem and Improvement of Screening System of Low Price Subcontracting by Analyzing a Standard of Judgement Criteria (원도급자 측면에서의 저가하도급 판정기준의 문제점과 개선방안)

  • Kim, Soon-Young;Han, Choong-Hee;Baek, Tae-Ryong;Kim, Kyoon-Tai;Lee, Jun-Bok
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.6
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    • pp.107-116
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    • 2009
  • As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.

A Study on the Change of Perceptions of Child Abuse Before and After Special Law (아동학대 범죄의 처벌 등에 관한 특례법 전후의 아동학대 인식 변화에 대한 고찰)

  • Lee, Keung-Eun;Kim, Do-Hee
    • The Journal of the Korea Contents Association
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    • v.19 no.9
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    • pp.629-636
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    • 2019
  • In order to infer whether the Special Act on the Punishment of Child Abuse Crimes, etc. actually brought about a change in the social perception shared about child abuse in our society, we used big data to examine the change in the perception of child abuse by the public. This study selected 'child abuse' as the keyword and collected and analyzed. The results of this study are as follows. First, before the implementation of the Special Act in 2013, the words "china" are kindergarten, teacher, body, problem, reporting obligation and neglect compared to the following. After the implementation of the special law, daycare centers, incidents, eradication, campaigns, domestic violence and preventive education were newly introduced. Second, the interconnection of key words in the previous picture of 2013 shows that the left group focuses on measures to introduce to prevent child abuse while the right group consists of keyword intended to view child abuse in conjunction with domestic violence. They are still seen as a group of divorces, discipline, neglect and parental education, which they still perceive as a family problem. Since the implementation of the Special Act in 2013, it will be divided into four groups, and the top group will be highlighted by the keyword related to child abuse cases, part of suspected cases and awareness of child abuse. In addition, the Act on the Special Cases of Child Abuse and the Child Protection Agency clearly appear as a child protection system.

A Study on Ex-post Regulation of Zero-rating Service - Comparative Legal Study on Relevant Laws and NRA's Decisions Between Domestic and Overseas Countries - (제로레이팅 사후규제 방안에 대한 연구 - 국내 및 해외 주요국 법령 및 심결의 비교법적 고찰 -)

  • Cho, Dae-Keun;Hong, Joon-Hyung
    • Informatization Policy
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    • v.26 no.1
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    • pp.83-105
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    • 2019
  • The purpose of this study is to analyze the domestic and overseas laws and regulators' decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP's vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

Legal Strategy for the sake of Enhancement of Safety of Lifts Operation - focusing on the Experience of UK - (승강기 안전성 제고를 위한 법제적 전략 - 영국의 경험을 참고하여 -)

  • Kim, Yong-Hoon
    • Journal of Legislation Research
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    • no.54
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    • pp.111-154
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    • 2018
  • The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

A Study on the Evaluation Indicators of Web Accessibility using Social Network Analysis (사회연결망분석을 활용한 웹 접근성 평가 지표 개발 방향 제안에 대한 연구)

  • Lee, Eun Suk;Cha, Kyung Jin
    • Smart Media Journal
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    • v.10 no.1
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    • pp.47-54
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    • 2021
  • Web accessibility is presented as a legal obligation to ensure users can access and use information and functions equally in the domestic public website sector. This study introduces the researcher network based on social network analysis (SNA) in order to show the citation relationship by identifying the network among researches in the field of web accessibility. Based on the analysis of the relationship and citation of academic researchers in the domestic web accessibility field, confirm the process of creating a research network. It is a visualization element that shows the citation relationship as well as the relationship and citation form between the studies as a network. Through the process of creating the network, and it can be confirmed and can be usefully used for future academic research network analysis. It is meaningful in terms of analysis for about 17 years from January 2000 to March 2017, a total of 50 papers published in journals registered by the National Research Foundation of Korea and candidate journals. By combining the evaluation metrics for each researcher, evaluation target, evaluation method, and evaluation result for web accessibility, and applying weights, identify the research direction and evaluation research trends in Korea's web accessibility field related to the relevant field and web accessibility evaluation research trends, and related to the researcher trend network.