• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• Communications of the Korean Mathematical Society
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• v.13 no.2
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• pp.385-391
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• 1998

In this note, we study a weak law of large numbers for sequences of exchangeable random variables. As a special case, we have an extension of Kolmogorov's generalization of Khintchine's weak law of large numbers to i.i.d. random variables.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.2
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• pp.699-710
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• 2014

Government enacted "The special Law on the waterfront-space" to conduct four-river refurbishment project and to construct systematically regions around national rivers from 2009. This law allows public apartments and recreational facilities etc. to be located around four-river, then the law may give rise to serious space change and landscape damage. So we draw some problems of the established development project about the riverside area, and expected a space and landscape change of waterfront-space with a 3D simulation. The result, it is important to adjust the development density of site and apply various contents with take the regional characteristics into consideration for sustainable development.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.4 no.1
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• pp.8-24
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• 1979

Including the Qualfication of Staffer required for Commuinication, the National Law of Professional qualification is a basic law for supply with manpower of high growth industry, and it is aiming at perfect the national Policy Concerned improvement for education and training of staff, carrying out of state examination for qualification and getting an occupation or application for special qualification. This law has established a management committee for qualification system in The Ministry of Science and Technique ROK, and authorized competence Minister according to kind of special qualification aiming at getting employment, practical use and courteous treatment in society and economy for national qualification, and also regulated their each official duty. A qualification of staffer required for communication is an administrative measure giving as occupational certificate after some examination for knowledge, technique and faculty in vocational ability to adapt to intrinsic of telecommunication. This certificate has the cause of an attribution of over the sphere of telecommunication, and so it has been originated in international situation, and then some of them is forced by international law, otherwise it be in common use between the nations. The Characteristic and orthodox of communication certificate has been succeded continually in company with development of telecommunication and the appliable field of them is specified, but the sovereign power of nation is approved by ITU that she can extent the applicable position for communication certificate and coordinate the utility of qualification for telecommunication value. Korean telecommunication law excepted the application of communication certificate in public communication field. It is unreasonable and even disobeyed against the theory of communication science and intrinsic of telecommuncation. Therefore it should be corrected immediately and then communication certificate have to accept in the public communication field at all, if so, the application field of communication certificate can have more than useful extenxion such as administration measure should be achieved by the management committee for qualification system in Ministry of Science and Technique and competemce Minister appointed according to special kind of certificate and the administration have to manage by the method and proccess caused by communication science or cooperative system between administration, industry, education and science. And, then, every acquisitor of qualification also has to try to perfect his vocational duty sincerely and to promote each self-realization.

• Korean Journal of Social Welfare
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• v.44
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• pp.262-287
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• 2001

The purpose of this study is to monitor the implementation of UN Convention on the Rights of the Children (CRC) and to find out new directions for the promotion on the children's rights in Korea. Based on the module of International Save the Children Alliance (1993) about the children's rights and the Indicators of Korean Children's Wellbeing (Korean Council for Children's Rights, 1999), the revised Korean child welfare law (2000) as a related domestic law has compared with the 54 articles of CRC (1989). The results of this study are analyzed as follows: The Korean child welfare law has only 2 articles on the civil and political rights of the children in special need and neglects the economic, social and cultural rights of the general children at home. In consequence the Korean law has few survival rights of the general children for securing their adequate living standards and supplementing their parents' role. And it limits only to the development rights of the children in special need, therefore, it neglects the genera: children's rights to information, play and leisure, cultural activities. Above all, it has only 2 articles on the participation rights of the children in special circumstances. On the other hand, based on the indicators of Korean Children's Wellbeing, the collected data say that the budget for the child welfare is only 1.12% of the total budget of the ministry of the health and welfare and its 96.28% is for the children in substitutional care. Based on the results, implications for practice and future research are discussed, and new directions for the promotion of the children's rights are also suggested.

• The Journal of Fisheries Business Administration
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• v.50 no.2
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• pp.23-40
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• 2019

The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• Journal of Korean Library and Information Science Society
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• v.32 no.3
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• pp.249-274
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• 2001

This study outlined the meaning, roles, and competencies required for specialized law librarian; examined the American educational system in law librarianship and analyzed the situation of American Schools of Library and Information Studies for the education of specialized law librarian; and recommended the special law librarianship program under the Department of Library and Information Science in the Graduate School.

• Journal of Korean Library and Information Science Society
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• v.37 no.2
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• pp.345-373
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• 2006

Faced with the establishment of Korean Law School which aims to educate the qualified lawyer to provide the high quality of legal service professionally and efficiently to the people with complicated legal problems, this study analysed the basic approval standards for Korean Law School Library which is described in the bill as a integral part of law school for effective legal education.