• 한국중재학회지:중재연구
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• 제15권3호
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• pp.267-301
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• 2005

Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

• 생물정신의학
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• 제30권1호
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• pp.7-16
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• 2023

Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.

• 무역상무연구
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• 제13권
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• pp.439-451
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• 2000

This paper aims to define country risk, review previous literature, and provide future direction for further research. Country risk is found to be analyzed in various ways in export, foreign direct investment and international finance, and thus analysis of the risk needs an integrated perspective and individual one as well. Systematic analysis, in particular, concentrating on relationship and structure within several risk is required in order to understand the country risk academically and to manage it practically.

• 대한두경부종양학회지
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• 제23권2호
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• pp.147-152
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• 2007

Objectives and Background : Aims of this studies are to collect and analyze the lawful restriction against cancer registration and to suggest the model promoting the cancer registry. Materials and Methods : Total 16 countries, the members of OECD, including the U.S. are evaluated. the status of cancer registration of the evaluated countries are analyzed. The legislated laws, protect the individual's information, of the evaluated countries are analyzed. The cases any registries were impaired with the law to protect privacy are searched and analyzed. Results : All of the evaluated countries have some kinds of privacy protecting laws. For cancer registration, 11 of 16 countries implement some lawful authorities. Some of countries have experienced restriction of registration by the law of protecting individual's health data. All countries have performed cancer registry and 6 of 16 countries have nearly 100% population-based cancer registration. Conclusions : The cancer registry has to be the national effort. The informed consent of the data subjects and the permission of any special institutes are the difference to perform the registration. So, it is necessary to legislate any law supporting the cancer registration and establish any independent institutes to protect the individual's health data and support the cancer registry.

• 의료법학
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• 제15권1호
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• 한국문헌정보학회지
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• 제46권3호
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• pp.133-155
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• 2012

현재 저작권법상 공연권 제한 규정의 개정 및 도서관의 영상저작물 사용에 대한 저작재산권 단체의 저작권료 지급요청이 이루어지고 있다. 본 연구는 공공도서관의 관내열람 방식의 영상저작물 서비스가 공연권의 제한 범위에 포함되는지를 고찰하였다. 이를 위하여 공연의 개념과 저작재산권 제한 및 공정이용 판단기준, 공연권 제한규정을 검토하였다. 또한 영상저작물 관내열람이 공연권 제한범위에 포함되는지를 파악하기 위하여 경기도 K시의 6개관 이용자 121명을 대상으로 영상저작물 이용현황을 조사하였다. 그 결과 공공도서관의 영상저작물 관내열람이 공연의 개념에 포함되는지 여부가 모호하지만, 판례의 해석을 적용하면 공연으로 볼 수 있다. 그러나 공공도서관의 관내열람 방식의 영상저작물 이용자 대다수는 대출을 위하여 도서관에 방문하였고, 도서관에서 영상저작물을 이용하지 못할 경우 다른 곳으로 이동하지 않을 것이라고 하였다. 따라서 도서관에서의 영상저작물 관내열람 서비스가 저작권자의 경제적 이익에 크게 영향을 미치는 것이라고 보기 어렵다. 저작권법상 공연의 개념을 확대해석하여 도서관의 관내열람 방식의 영상저작물 재생도 공연으로 볼 수 있다면, 이는 6개월 제한규정의 적용을 받지 않는 공연권 제한 범위에 포함되도록 저작권법을 개정할 필요가 있다.

• 무역상무연구
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• 제12권
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• pp.65-84
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• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• 한국광학회:학술대회논문집
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• 한국광학회 2002년도 하계학술발표회
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• pp.38-39
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• 2002

Optical telecommunication has been growing at a rate that exceeds even the "Moore′s Law". However, while the electronic revolution has allowed everyone to have his/her own PC, the optical revolution is still confined to the long-haul network such that the individual end users are still connected to an electronic metro/access networks. However, given the rapid increase in the data traffic (e.g., multimedia), the optical edge that separates the individual end users from optical networks will eventually have to include the metro/acces networks. (omitted)

• 무역상무연구
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• 제6권
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• 한국콘텐츠학회논문지
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• 제10권4호
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• pp.317-326
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• 2010

인간의 존엄과 가치의 존중은 모든 기본권의 이념적 전제인 동시에 모든 기본권 보장의 목적이므로, 이러한 목적을 달성하는데 필요한 자유와 권리는 그 어느 것이나 보장되어야 한다. 인간의 존엄과 가치의 실현이라는 목적 달성을 방해하는 행위는 금지되어야 한다. "인간으로서의 존엄과 가치를 가진다."는 개인 대 국가의 관계에서 국가는 개인을 위하여 존재한다는 반 전체주의적 이념을 선언한 것이며, 헌법의 각 조항과 법령의 효력이 문제될 경우 그에 관한 궁극적 해석기준이 된다. 또한 행복추구권은 인간이 행복을 추구하는데 필요한 것이며 헌법에 열거되지 아니한 자유와 권리까지도 그 내용으로 하는 포괄적 기본권으로 보고 있으나, 최소한의 수준에서 사회적 기본권과 같은 적극적 권리성의 성격도 볼 수 있다. 헌법재판소의 결정례에 따르면 행복추구권은 일반적 행동의 자유권, 개성의 자유로운 발현권, 자기결정권의 영역으로 범주화되고 있기에 의의와 연혁입법례를 통해 행복추구권의 중요성을 강조하고자 한다.