• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Journal of Korean Library and Information Science Society
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• v.44 no.2
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• pp.315-343
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• 2013

Public works has been created by the taxes of the people, so free access and use of public works without charge in the public sector must be guaranteed for the benefit of the public. To do this, above all, a legal basis for solving the problems of the process for copyright should be to establish. Therefore, this study examined the legal concept of public works and the concept and scope of public institutions. And this study, as legislation case to limit the copyright protection of public works, analyzed the relevant provisions of copyright law and the recent revised plan in the U.S., UK, and Germany. And then I analyzed the regulations for limitation of copyright protection of current copyright law and the draft of copyright law on public works in Korea. Based on the results of these analyses, this study suggested the legal revised plan to expand significantly the limitations of copyright in order to activate the use of public works in the library.

• Physical Therapy Korea
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• v.10 no.2
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• pp.23-44
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• 2003

The purposes of this study were to investigate the accomodations for the disabled children of the elementary schools in Suwon and to give helpful information to the parents and teachers for the improvement of the independence of disabled children at school. We measured the ramps, toilets, doorways and other accomodations in 64 elementary schools according to the checklists. The checklists of these facilities were based on the legal requirements of "The Act for the Benefit of the Disabled, Elderly and Pregnant Women". The data was analyzed by descriptive statistics and the ${\chi}^2$ test. None of the investigated schools satisfied all the legal requirements of the facilities. Fifteen elementary schools had adequate accomodations for the disabled children which allowed them to move independently from the entrance of the school to their classrooms located on the first floor. Only eight of fifteen schools had elevators to access their classrooms upstairs. The schools were divided into two groups according to their construction dates; before and after April 11th 1998, when "The Act for the Benefit of the Disabled, Elderly and Pregnant Women" took effect. There were statistically significant differences in the number of toilets, the width of the toilet entrance, and the slope of the ramps between the two groups (p<.05). We suggest that the accomodations for the disabled children need to be established on a systematic and on-going basis in the future. The teachers and administrators should be more aware of the legal requirements for appropriate accomodations for the disabled children.

• Health Policy and Management
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• v.14 no.3
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• pp.97-121
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• 2004

Recently, human embryonic stem cell research raises exciting public expectation on medical possibilities as well as ethical debate. Embryo management has become an integral part of the management of infertility treatment, researches on embryo and human embryonic stem cells and so on. Britain has permitted the research on stem cells derived from human embryo which made the first nation to allow the cloning of human embryo for the stem cell research. However, new technologies such as the assisted reproductive technologies and human embryonic stem cell research continue to pose an increasing source of ethical dilemmas for physician, scientists, legislators, religious authorities and the general publics to deal with. None the less, the United Kingdom has adopted the most liberal policies regarding human embryo and human embryonic stem cell research. The implication of the British embryo management system are as follows: 1) the development of reproductive technologies and new stem cell research technologies continue to pose legal and ethical debates, since those involve several parties; 2) the UK has taken the legal and institutional approaches to cope with those serious issues; 3) the UK adopted most liberal policies regarding embryonic and human embryonic stem cell researches; 4) the British HFE Act is consistent with the existing Acts related to human embryo management and researches; 5) through amending the HFE Act to accomodate the changes of technologies, the UK try to minimize the legal and ethical burden on undertaking research regarding embryo. The debates about the researches on human embryo and human embryonic stem cells is likely to continue in the Korean society. Because of the controversy and competing ethical values, as well as the evolving technologies, so far no consensus exists in our society. It suggest that it is premature to bring closure by ruling out any particular approaches. Thus our society needs to make an efforts to find a basis which could resolve the societal controversies through enriching the societal conversation about the profound ethical issues regarding embryo management.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Convergence Security Journal
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• v.13 no.6
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• pp.91-98
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• 2013

Cyber attacks threaten the national security in this day and age. The government of the Republic of Korea recently released the National Cyber Security Comprehensive Countermeasures as a new cybersecurity policy. But current legal system cannot provide legal basis for the implementation of such measures. The current legal system related to cybersecurity is applied in each sector, thus the governance system in cybersecurity is separate. So there are many problems in the governance system in cybersecurity. To solve these problems fundamentally, it is righter to make a new cybersecurity law than to revise existing laws. Meanwhile, lawmakers proposed some bills in Congress to strengthen the cybersecurity in Korea in 2013. It will increase possibility of legislation of cybersecurity act to make a law through the analysis of these bills and to derive the essential elements from those. and to reflect these in the new cybersecurity act.

• Korean journal of communication and information
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• v.21
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• pp.35-62
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• 2003

This study is conducted to achieve following two purposes. First, this study investigates domestic conditions and problems of data broadcasting industry. Second, this study suggests the improving way of the legal and administrative systems in order to promote domestic data broadcasting industry. Survey was conducted with 16 companies and a few business men for gaining data of general condition and analyzing problems about domestic data broadcasting industry. The results are as follow: first, domestic industry was suffering from the lack of man power, finance, and the delay of data broadcasting service schedule. Second, respondents argued there was no the legal basis and the systematic regulation under the current digital broadcasting policy of government. To resolve those problems, this paper proposed the making laws preparing for the fusion service of communication and broadcasting, systematic assistance of government, the way of technology development and technical standardization, and the way of constructing infrastructure and cultivating man power.

• Journal of Sport and Applied Science
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• v.5 no.1
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• pp.1-9
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• 2021

Purpose: In Seongnam City, a number of festivals are held in various areas, led by the city and private organizations. The necessity of developing a representative festival of Seongnam City, which can enhance the brand value of Seongnam, a cultural city, and promote a sense of local community and economic effects, is emerging. The purpose of this study is to analyze festival-related ordinances of Gyeonggi-do local governments, and to derive implications necessary for the development of festival support ordinances representing Seongnam City. Research design, data, and methodology: This study used the database of National Legal Information Center of the Ministry of Legislation and the autonomous legal information system to thoroughly investigate the ordinances related to festival support of basic local governments in Gyeonggi-do and the whole country. To do this, descriptive statistics analysis was conducted. Results: As a result of the study, it was found that 168 organizations (68.6%) of 245 local governments nationwide have adopted the festival support ordinance, and there are a total of 231 ordinances. In the case of basic organizations, out of 228 basic organizations, 151 organizations, including Seongnam City, adopted the ordinance on festival support, showing an adoption rate of about 66%. As a result of analyzing the basic organizations that enacted representative festival related ordinances among Gyeonggi-do basic organizations, 9 out of 28 cities adopted 16 representative festival ordinances, based on the legal and institutional basis for supporting representative festivals. Conclusions: In the case of Seongnam City, it is believed that in order to develop a representative festival, an ordinance to support the representative festival must be established. Considerations regarding the composition of the ordinance for the representative festival were discussed.