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

• Journal of the Korean Society for Aeronautical & Space Sciences
• /
• v.49 no.5
• /
• pp.425-435
• /
• 2021

It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

• Journal of Korean Academy of Dental Administration
• /
• v.7 no.1
• /
• pp.1-9
• /
• 2019

This study examined the opinions of dentists on dental hygienists' practice and attempted to use it as the basis for the revision and modification of the legal system associated with dental hygienists. The subjects of this study were a total 15 dentists, including two from Gyeonggi, two from Gangwon, two from Gyeongsang, two from Jeolla, two from Chungcheong, and two from Seoul, who were surveyed face-to-face. This study revealed that from the perspective of dentists, the most important job of dental hygienists was scaling, and the most difficult job was patient counseling and response. From the perspective of dentists, there is a difference between what the dental hygienists actually perform and what is legal, and there is a high need for change. The inclusion of dental hygienists in the category of medical personnel should be accomplished to cover the practice of dental care support, and dentists opinionated that it is appropriate for dental hygienists to be included in the category of medical personnel because they directly perform oral health-related procedures. A careful review of the dental hygienists' scope of work should be performed to ensure that revisions to the law are made in accordance with the dental hygienists' actual practice. Further, it is necessary to revise the Medical Law and include dental hygienists among the medical personnel and simultaneously revise the scope of work of dental hygienists to reflect the actual dental practice.

• Journal of Arbitration Studies
• /
• v.32 no.4
• /
• pp.143-164
• /
• 2022

It is not an exaggeration to say that our society is already one of disputes. Since circa 2010, the average number of lawsuits filed every year is upwards of six million cases, and resolving disputes through trials is already fully saturated. The functional roles of the court reflect that there are many lacking areas such as systems, tools, and procedures related to social integration. In addition, ADR, which is carried out in advanced capitalist nations to supplement the judicial functions, has also been implemented in our society for the past 60 years. However, for the reason why the usage rate of ADR did not increase for legal consumers, we cannot overlook government activities that did not make sufficient promotions related to the lack of awareness. In Korea, ADR is mainly composed of government-initiated types, and in particular, there is no ADR framework act that can play an integrated role. Furthermore, for the conciliation system of the court, over 80%of conciliation are conducted focusing on court of lawsuits, and legal basis and procedures between institutes are different for administrative ADR, and communication does not go smoothly, thus making it inefficient. Such examples cannot avoid being a background for criticism when considering the fundamental ideologies and beliefs of ADR. The Vinaya Pitaka of sangha related to ADR is a separate method for operating communities. This is the BDR (Buddhist Dispute Resolution) method that encompasses personal ethics, organizational ethics, harmony through various community gatherings, and adhikaranasamatha on the four issues that could occur in legal review procedures. This has become the sufficient background for succession and development for parisa sangha and gana sangha among individuals.

• The Korean Society of Law and Medicine
• /
• v.14 no.2
• /
• pp.119-142
• /
• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.28 no.4
• /
• pp.57-76
• /
• 2017

The purpose of this study is to investigate the determinants of the quality of Web-based legal information services and their significant influences on the user continuance intentions. Based on the main dimensions of the SERVQUAL, this study conceptualizes five dimensions of reliability, assurance, design, empathy, and responsiveness. It measures the level of expectation and satisfaction on the basis of these five dimensions. Regression analysis was conducted to extract and analyze the determinants of the service quality and the factors affecting continuous intention. The level of legal information service quality is superior in empathy, responsiveness, and design category, but it is relatively insufficient in reliability and assurance category. In the reliability category, the relevance of the search results was an issue. The problems related to the authority and information sources were recognized as important. Reliability implies that there is a relatively close relationship between empathy and responsiveness, and that it is necessary to improve the quality of contents such as empathy and responsiveness in order to increase reliability. In order to increase the ongoing use of legal information services in the future, it is more effective to make sure that assurance is top priority.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.41 no.4
• /
• pp.77-84
• /
• 2013

With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

• Journal of Korea Trade
• /
• v.24 no.6
• /
• pp.19-36
• /
• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• The Korean Journal of Air & Space Law and Policy
• /
• v.22 no.1
• /
• pp.9-27
• /
• 2007

The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

• The Korean Journal of Air & Space Law and Policy
• /
• no.spc
• /
• pp.17-34
• /
• 2007

The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.