• 한국디지털정책학회:학술대회논문집
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• 2004.11a
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• pp.55-73
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• 2004

The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

• Journal of Fisheries and Marine Sciences Education
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• v.9 no.2
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• pp.121-148
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• 1997

The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.99-137
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• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.185-207
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• 2014

There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

• The Korean Journal of Archival Studies
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• no.15
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• pp.39-66
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• 2007

The period from 1969 to 1999 is characterized as the rimes of radical reform in contemporary records management system of Korea. First, National archives was organized and it's function has been upgraded. Second, regulations of records management were established, revised, and integrated into a regulation of office management. Records disposition schedule was set up. The last, public records law was established. According to this law National archives was reorganized such as the national center of archival institutions. Principles of registration, classification and compilation, based on the principle of provenance, were established and the system of archivist was introduced.

• Korean Journal of Construction Engineering and Management
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• v.17 no.1
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• pp.119-127
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• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• The Journal of Korean Association of Computer Education
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• v.10 no.1
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• pp.55-66
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• 2007

To improve access to the learning opportunities of students with disabilities, this study is to identify the potential of the information communication technology in education for the disabilities and to suggest the policy reforms for the special education technology. To answer it, the related literatures of other developed countries and Korea were collected and analyzed by desirability and feasibility as criteria. From the view of the desirability, this study found that the policies of special education in Korea were still regarded as subsidiary and separated from the general students. Moreover, from the view of the feasibility, the law and financial support was relatively insufficient than other countries to implement the policy more effectively and stably. To solve these problems, this study suggests the policy reforms in Korea as five areas and seven tasks.

• Korean Journal of Clinical Pharmacy
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• v.22 no.3
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• pp.260-267
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• 2012

The objective of this study was to investigate drug classification system in Korea and other developed countries. Laws and regulations of Korea regarding the system were retrieved from sources posted in Ministry of Government Legislation. We also reviewed previous research reports performed as part of government's effort to reform the system The system in the foreign countries was retrieved from the official homepage operated by each country's government. There have been two research funded by Korean government, which strongly suggested that the system should be reformed. However, we found that the system was never reformed and still effective. Drug classification system in US and most western countries consists of two categories, i.e., prescription drugs and non-prescription drugs except UK, which classifies into three categories: Prescription Only Medicines, Pharmacy Medicines, and General Sales List Medicines. Interestingly, in Japan, non-prescription drugs are further classified into three groups: Group 1, 2, and 3. Recently, Ministry of Health and Welfare (MOHW) in Korea proposed a plan to reclassify all the approved drugs according to purportedly rational and scientific criteria. However, the plan does not include reform of the existing laws and regulations, which appears that it is just one-time action rather than a sustainable administration backed up by law. Therefore, it is recommended that Korean MOHW take appropriate action on laws and regulations with regard to the system to meet global harmonization standard.

• The Korean Journal of Emergency Medical Services
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• v.5 no.1
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• pp.89-97
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• 2001

Recently, natural disasters happened to the Korea frequently. Disaster in the present society has been changed and increased it impacts and extent of danger as the society develops. So, Korean people feel uneasy about the unpredictable disaster. Therefore the capability of administration system, and cooperation and support between related organization become more necessary. This study aims to find out better ways of disaster management system which can protect people's lives and fortune from all sort of national disasters. To research policy reform, it is necessary to analyze disaster response organization(national disaster prevention countermeasures headquarters and so on), interorganizational relationship, law system etc. Especially, in this study, role appreciation of government was analyzed to get the rational policy reform measure. Suggestion : First, it is necessary Establishing a consolidated organization for disaster managing and united response organization is necessary such as Federal Emergency Management Agency(FEMA) which controls an over all aspects of disaster management. And it is necessary to develop Integrated Administrative Control System based on comprehensive plan. When the accidents happen, it needs to be many equipments and various specialized personnel. So, to manage a large scale of disaster, it is necessary to have interorganizational network system which many specialized organization including volunteer group are integrated. Also, as soon as the natural disaster happen, many professionals and volunteers are distributed to the spots of disaster in the right man in the right place. Finally, All the citizens have to keep safety rules, and also to take a safe action in ordinary daily life.