• The Journal of the Convergence on Culture Technology
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• v.5 no.4
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• pp.289-294
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• 2019

Although regulation generally shall be based on the law, many regulations are not based on legislation. Shadow regulation that is not mandatory but functions as regulation may be developed and enforced by non-govermental body. This article examines shadow regulations of copyright protection online of the US, the EU and the UK and draws their implications for Korea. In case of self-regulation, the following factors shall be considered: to acquire the technology to filter copyright infringement and to solve the problems arising from the application of it, to prevent the infringement of freedom of expression, to ensure the appropriateness of the sanctions imposed on the alleged copyright infringement, to ensure the participation or monitoring of internet subscribers in the negotiation between the internet industry and copyright holders, and to clarify the government's role and responsibility.

• Physical Therapy Korea
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• v.29 no.2
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• pp.94-105
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• 2022

Background: As South Korea enters an aged society, the government has emphasized the need for a soft landing of the older adults into the community after the acute and recovery periods under a national policy of "community care." However, the institutionalization of community rehabilitation services to implement this is insufficient. Japan had already entered an aged society when the Long-Term Care Insurance System was introduced in 2000. Thus, the case of Japan's institutionalization of the system is expected to have implications for us in supplementing a suitable system for the aged society. Objects: This study compared the institutionalization process of the Long-Term Care Insurance System in South Korea and Japan and the services currently being implemented in each country. Methods: To examine the institutionalization process and services of the system, related legal rules and regulations, government reports, and articles were reviewed. To examine the operation status of the system, statistical data provided by each country's government were analyzed. Results: Japan recognized the importance of community rehabilitation even before the enactment of Long-Term Care Insurance. Thus, community rehabilitation services, such as home-visit rehabilitation and health facilities, were already stipulated in the law. Under such institutional legacy, Long-Term Care Insurance was able to establish a service system, which balanced welfare and health-related services, including various types of services with enhanced rehabilitation functions. In South Korea, rehabilitation policies were not much considered in the process of institutionalizing the system; thus, it was composed mainly of services focusing on care and recuperation. Conclusion: In order to realize community care, rehabilitation services need to be developed in Long-Term Care Insurance System in various forms such as home-visit services, daily services, short stay, and facility services.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.20 no.3
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• pp.33-46
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• 2009

Since the e-government has been established, a significant portion of governmental business processes is conducted on the web. There are a large amount of records which are used and maintained only on the web. However, although the web-based governmental records have a great value as national strategic resources and cultural heritages, there is no practical management activity for them. In this context the study discusses the necessity of web-based records information management policies and explores problems of web-based records management policies. As a case study, TNA in the UK and NARA in the US are discussed. Also, the National Archives of Korea and the Presidential Archives are explored. Furthermore, a comparative analysis is conducted against these four cases. Based on the discussion, as a result, the study presents feasible solutions to web-based records management policies in terms of law, system and technology.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.6
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• pp.929-937
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• 2011

This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary ${\triangle}$ to enhance the professionality of the local land expropriation committee, ${\triangle}$ to expropriate lands by the analysis of land type, and ${\triangle}$ to come up with alternative measures to prevent the rights of the expropriated.

• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• Korea Trade Review
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• v.43 no.3
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• pp.101-124
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• 2018

After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.19 no.4
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• pp.85-90
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• 2005

Inundation of Transformer Vault breaks out every summer season in low-tying downtown and low-tying shore by localized heavy rain, typhoon and tidal wave. In case inundation of Transformer Vault, it occurs a great economic loss owing to recovery time and events of electric shock occur by inundation electrical facility. So we need installation plan of Transformer Vault in common flood area for preventing from economic loss and equipment events. Therefore we research distribution of 22.9[kV] Transformer Vault in common flood of the country and analyze field condition about flood protection plan. And we analyze regulation or law relating to the flood protection counterplan of US, England, Australia. This paper will be used to present a reform proposal of electrical related law about flood protection of existing Transformer Vault. Also we present considering facts at the time Transformer Vault installation in common flood area.

• Journal of the Korean Geographical Society
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• v.36 no.4
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• pp.356-381
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• 2001

This study has three objectives. One of them is to debate on the incompatible Neo-Malthusianism and Comucopianism, which give us a comparative gauge for analysis of the population elements in Korea and Japan. The other is to investigate how a variety of population elements are related to specific regions, Korea and Japan. And the last is to compare and analyze the residential preference pattems and the degree of care for the future life for the aged over 50 ages. Various elements in population show that Japan is of type superior to Korea, and that the gap between two countries is getting narrow every year. Wiber's migration expectancy is much higher in Kwangiu-si and Chollanam-do than in Hiroshima-ken. Burial customs in funeral ceremony has been vanished in Japan, but only 30 percents in Korea is crematory. This burial customs being much stiff existent in Korea, the effect of the population decrease caused by the death is reduced. A case study through questionnaire on the residential preference patterns for the aged over 50 years old shows that Japanese than Korean are more dependent on their sons and daughters, and ‘loneliness of solitary life’is the first reason in both countries. The degree of care for the future life is also remarkably higher in Japanese than in Korean. These are related in various ways to their ages, scholarships and local areas(si or gun). A general cognition in which the shortage of labour forces comes into existence in aged society is of misconception, because it comes from taking labour forces away from the aged, not from being old society. Even a minute population change is worth notice since the inertia law is also applied to the population phenomenon. Malthusinism hold fairly good even now, and the notion is very important in which population, resources and environmental problems are no longer personal or a regional matters, but the global family's issues.

• The Journal of the Convergence on Culture Technology
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• v.2 no.2
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• pp.45-49
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• 2016

It may be summarized to four kinds of innovation through global convergence, and the convergence of adjacent areas according to mega-trends in medical services market and actively introduced ICT technologies, public and private partnership. Health care is no longer a local industry, it is becoming Global Convergence. In the case of developed countries, it is increased to income levels, the development of new medical technologies, while the increase in specialized medical services and need of aging population. It increases migration of foreign medical personnel, geographical proximity and choice of the best medical technology, regardless of the cost. The increasing demand for high quality yet relatively low foreign prices of medical services. Hospitals are especially spread of international certification such as the US JCI standards. Hospital exports are being evaluated and opened the way for the export industrialization as ICT convergence hospital that can be exported to the fusion-related technologies more efficiently. Current local hospital has already reached saturation, globalization of Korean hospital is being the time necessary. Thus, unlike a strategy for each country, as well as technology transfer it is also possible, such as total exports provided the building, medical equipment procurement, local medical personnel (doctors and nurses) selection and training, PR and marketing. In the current medical law and need to be revised prospectively maintained for publicity and abroad, there is a need for further legal dragons and actively support a more flexible policy on the application of national law overseas medical services.