• Journal of the Korea Convergence Society
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• v.6 no.5
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• pp.207-217
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• 2015

A Study on Problem of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence Meaning of impeachment evidence in criminal proceedings is liking the spread of the branches moment. The first, there is to set limits of impeachment evidence. The amicable solution is to accept moving flexibly. In a concrete way must to make away with a constituent element unlawfulness. The second, problem a return to probative force exist. This problem agree in principle to resolve an issue for the testimony of an eyewitness. The third, how to admit that institution of criminal investigation after the testimony of an eyewitness exist. This attendant conditions are to eliminate illegality for the authenticity in he testimony of an eyewitness and for the observe due process. Therefore, we must observe due process without illegality to solve the problem for the convergence.

• Journal of the Korean Home Economics Association
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• v.41 no.5
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• pp.165-178
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• 2003

The purpose of this study was to understand the consumer non-ethical behavior and the interaction with salespersons and their relationships. For this purpose, adults in Chunlabuk-do were surveyed and 675 questionnaires were analyzed using SPSS statistical program. The results of the analysis were as follows: 1. Three dimensions of the consumer non-ethical behaviors were the unconscience, the illegality, and the deception. Two dimensions of the interaction with salespersons were the passive and the assertive interactions. 2. There were two clusters respectively; ethical and non-ethical groups for the consumer non-ethical behavior/ passive and assertive groups for the interaction with salespersons. 3. Generally, the more educated and the older persons were, the less they tended to be ethical and the more passively they tended to interact with the salespersons. 4. There were significant differences between the clusters of consumer non-ethical behavior and those of interaction. The non-assertive interaction group were found more in the non-ethical group and the assertive interaction group more in the ethical groups.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.101-131
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• 2011

The Governing Council of UNIDROIT at its 90th session adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts("UNIDROIT Principles 2010"). The UNIDROIT Principles of International Commercial Contracts first published in 1994 and in a second edition in 2004, are taken by legislators worldwide as a model for contract law reform and increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. The UNIDROIT Principles are particularly useful to parties when negotiating and drafting international contracts. The new edition of the Principles, UNIDROIT Principles 2010, prepared by a group of experts from all over the world including representatives of numerous international organizations and arbitration centers. The UNIDROIT Principles 2010 contain new provisions on restitution in case of failed contracts, illegality, conditions, and plurality of obligors and obligees, while with respect to the text of the 2004 edition the only significant changes made relate to the Comments to Article 1.4.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.01a
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• pp.135-137
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• 2014

시대가 발전함에 따라 기술도 발달하지만 시민의식이 따라가지 못하기 때문에 그 만큼 범죄도 늘어나고 있다. 그럼에 따라 범죄를 예방하기 위해 방범용 CCTV를 늘리고 있는 추세이다. 그러나 방범용 CCTV를 늘리기 위해서는 많은 시간과 예산이 필요하다. 그래서 사용자들은 불법 주정차 시스템에 방범 기능을 요구하고 있는 추세이다. 그러나 기존의 CCTV는 화소가 낮아 이미지가 선명하지 않기 때문에 방범 기능에 적용하기에는 미흡한 점이 많았다. 그래서 본 논문에는 기존의 시스템을 보완하기 위한 방안으로 메가 픽셀을 적용하여 불법 주정차 시스템의 방범 기능을 향상 시킬 수 있는 방안을 제안하였다. 결과적으로 저화질 CCTV를 사용 할 때보다 불법 주정차 단속뿐만 이라 방범 시스템으로도 더 나은 효과를 보일 것으로 예상한다.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.33-67
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• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• Journal of Legislation Research
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• no.44
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• pp.63-101
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• 2013

This article firstly explores into the concepts, components, and pictures of institutional realization of competition and diversity respectively on the premise that competition and diversity comprise the primary objectives to be pursued by the broadcasting-related laws which provide the concrete measures of media policy, and argues that while the competition objective has differentiation factors, there are also particularities in the diversity value in the broadcasting-related laws as sector-specific competition laws. Then assuming that special competition rules including structural regulatory measures particularly in the broadcasting market are required in order to realize values of competition and diversity harmoniously, this article suggests the following improvement directions for regulations aimed at protection of competition and diversity in the broadcasting-related laws. The first one is with the improvement method for regulations aimed at protection of competition. Regulation on share of audience as an ex ante regulation of status and regulation on prohibited activities as an ex post regulation of conduct may play important roles in substituting the causative regulation while seeking for diversity value. For this purpose, it is needed to develop a concrete method that incorporates diversity-related factors as consideration factors in the standard for determining illegality of prohibited activities by inference to methods of determining illegality in the competition law. The second one is with the improvement method for regulations aimed at protection of diversity. This could be considered from three viewpoints that are the setting of regulatory objectives, the identification of alternative regulatory measures, and the choice of regulatory measures and levels suitable for regulatory objectives. From these viewpoints, the regulatory framework should be improved mainly with institutional measures in which diversity value is used for tools of assessment and analysis, not just remaining as mere rhetorical devices, and whether or to what extent to maintain regulations seemingly unreasonable in terms of harmonization with economic objectives such as competition should be discreetly reviewed.

• Journal of Digital Contents Society
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• v.9 no.1
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• pp.125-130
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• 2008

User web service is increasing by development of internet technology. Quantity of encrypted data that transmitted through the network are increasing by development of encipherment technology. We have many problems; it is caused by technical development and service increase of user requests. It is like that, we have reliability of contents and illegality copy problem of internet contents in web application system. It is contents protection skills in web that encipherment technology, authentication and digital signature. We need message encoding and secret key for solve vulnerability of encipherment in web application system. In this paper, we propose a distributed secure system that can data confidentiality and user authentication. It prevent performance degradation from bottle neck in encipherment server, and improve service quality.

• Journal of the Korean Institute of Intelligent Systems
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• v.25 no.4
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• pp.342-348
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• 2015

Recently, many waste is getting into the ocean because of natural disasters and trash of illegality. These destroy the marine ecosystem and the great views around the ocean. Many methods are used for the removal of the waste in the ocean and one of the main waste forms is floating debris. In order to remove the waste, the nets are mostly used and the ships are recently used. However, many problems are occurred due to low number of people and techniques in the ship-based removal. To solve this problem, a surface robot for floating debris removal is developed. To verify the performance of the developed robot, tests of surge, yaw, and floating debris removal are executed. The test results show the possibility of real applications and the need for additional studies.

• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.07a
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• pp.180-183
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• 2017

우리나라 민법 제3조는 "사람은 생존하는 동안 권리와 의무의 주체가 된다"고 규정하고 있다. 이것은 출생이라는 근거에 의하여 자연인이 됨과 동시에 출생자에게 권리능력이 발생한다는 것을 의미하며, 또한 출생 전에는 태아는 권리능력이 없다는 의미로도 볼 수 있다. 그러나 이 원칙을 그대로 적용하면 태아 대한 불이익과 불평등은 필연적으로 우리사회의 법감정에도 반하는 것이 되기 때문에 여러 나라에서는 태아에게 미치게 되는 부분을 제대로 바로잡기 위하여 특별한 규정을 두고 있다. 이에 대해 우리나라도 태아에게 이롭지 못한 일이 일어나는 경우가 발생을 할 수 있게 때문에 민법에서 예외적인 사항을 두어 태아를 보호하기 위한 권리능력을 인정하는 규정을 두고 있다. 하지만 1958년 민법이 제정된 이후 태아의 권리능력에 관한 법률규정이나 해석이 크게 변화하지 못하여 태아를 보호함에 있어서 소홀할 수 있다는 문제점이 대두 되고 있는 것이 현실이다. 따라서 본 논문에서는 보다 태아를 적극적으로 보호할 수 있는 대책을 살펴보기 위하여 현재 우리나라제도에 대한 문제점은 검토하고, 국민의 법 감정과 정서에 맞는 가장 바람직한 태아의 권리보호방안을 제시하고자 한다.