• Journal of the Korean Institute of Landscape Architecture
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• v.27 no.1
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• pp.1-10
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• 1999

There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.71-91
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• 2002

The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

• Journal of Korean Academy of Nursing
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• v.49 no.6
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• pp.760-770
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• 2019

Purpose: The role of registered nurses is expanding in scope as the healthcare paradigm shifts from acute, hospital-based care to community and population-based care. Given this paradigm shift, this study explores the legal aspects of the role of a registered nurse. Methods: We used document analysis for extracting laws and legal orders related to nursing from the entirety of Korean law. Using textualism approach, we examined the contents utilizing a framework that was developed based on the role classification of community nurses by Clark in this study. Results: A total of 119 items related to nursing were derived from 64 laws. Of these, 71.4 % can be performed by people in multiple types of occupations including nurses. As a result of analyzing required qualifications, 45.4% of 119 items required additional qualifications besides registered nurse license. Analysis of workplace and activity type demonstrated that 26.1% of the 119 items were related to medical institutions, with nurses performing mostly "Client-oriented role." More than half (68.9%) were non-medical institutions, with nurses performing mostly "Delivery-oriented role." Some, however, did not stipulate the nurse's roles clearly. Conclusion: Therefore, to match the enhanced scope and responsibilities of registered nurses and to appropriately recognize, guide, and hold these nurses accountable, laws and policy must reflect these changes. In doing so, these updated laws and policies will ultimately serve as a basis for improving the quality and safety of nursing services.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.162-183
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• 1998

The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.891-896
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• 2008

Recently our country need to change about hospital building operation and business change. The recent real estate development projects are made in very complex due to the diversity of development method or its legal aspects. Under such a real estate investment, the review of investment yield rate is fundamentally important for the one that invests and the one that finances it. Previously, the focus was in the review of the time to turn the surplus or the plan for making repayment of the borrowings, and without the analysis of sufficient investment yield rate. For a simple issue of finding the most advantageous project method, there is a need for reviewing the taxation issues, fund procurement method, legal aspects, policy analysis aspects and others. Therefore, the real estate investment is now likely to encounter the form of having the time of venture as well. In conclusion, the scientific and reasonable decision making in investing on the real estate does not suggest the absolute evaluation standard but the need and the use are more and more demanded.

• The Journal of the Korea Contents Association
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• v.13 no.4
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• pp.187-197
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• 2013

The incompetency and quasi-incompetency system regulated legal incompetence in the past is insufficient for protections of the adults with insufficient abilities of judgement, the criticism has been continued that the system is not efficiently respond to their rights and legal relationship formation. At last, the government introduces adult guardianship system through revising the civil law. At this point, just several months prior to the enforcement of adult guardianship system, we should be prepared to issues which may occur in the actual operation of the system. Japan has high similarities in social and culture matters with Korea and in the general operation of its adult guardianship system is similar to Korea's, Therefore, Korea should be prepared for the basis to implement the optimized system through in advance understanding the trend in Japan. The study reviews the trends of Japanese adult guardian's type, and draws suggestions for Korea by finding activity requirements and subjects focusing on the currently increasing corporation guardiancy.

• Korean Journal of Construction Engineering and Management
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• v.11 no.1
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• pp.70-78
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• 2010

Recently our country need to change about hospital building operation and business change.The recent real estate development projects are made in very complex due to the diversity of development method or its legal aspects. Under such a real estate investment, the review of investment yield rate is fundamentally important for the one that invests and the one that finances it. Previously, the focus was in the review of the time to turn the surplus or the plan for making repayment of the borrowings, and without the analysis of sufficient investment yield rate. For a simple issue of finding the most advantageous project method, there is a need for reviewing the taxation issues, fund procurement method, legal aspects, policy analysis aspects and others. Therefore, the real estate investment is now likely to encounter the form of having the time of venture as well. In conclusion, the scientific and reasonable decision making in investing on the real estate does not suggest the absolute evaluation standard but the need and the use are more and more demanded.

• Spatial Information Research
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• v.17 no.3
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• pp.287-299
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• 2009

For the development and management of u-City(ubiquitous city), Ubiquitous City Construction Law was enacted(March 3, 2008) to form the legal basis of u-City plan, construction and managements afterwards. The ultimate goal of the u-City construction is the advancement of national territory utilization and management using Korea's high level of IT and spatial information infrastructure. Based on the definition of the u-City Construction Law, the u-City refers to a city where u-City services are provided through the u-City infrastructure applying u-City technology. But, based on the current level of relationship model among u-City service, technology and infrastructure, it is not enough to guide the local municipalities to plan and provide the successful u-City services in its vicinity. So as one of the core issues for the legal arrangements of successful u-City services, the purpose of the study is to suggest the basic directions and execution strategies for the relationship establishment among u-City service, technology and infrastructure.

• Journal of the Korea Society of Computer and Information
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• v.22 no.6
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• pp.141-147
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• 2017

Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

• The Journal of Information Technology
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• v.2 no.1
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• pp.53-64
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• 1999

Due to the trend that the wave of the information society is rapidly expanding on a global basis, the level of informatization is emerging as one of the important elements for national competitiveness. To take a competitive position for individuals, corporations, or states beyond their survival in the rapidly changing information environment, they should be able to manage and transmit various information with swiftness and security Today, the exchange of electronic documents or data, through PC which were unknown in the past is indispensable to the expansion of electronic commerce(EC) and eventually contributes to promoting the information society. The improvement of productivity and efficiency through the exchange of electronic documents or data has been recognized as a means to enhance the competitiveness of corporations and states. The United States, the European nations, Japan, and the newly industrialized countries such as Singapore and Taiwan, have been contriving the utilization of electronic documents and the expansion of EC on the strategical dimension of each nation. To activate the use of electronic documents, thus, the purpose of this study is to examine the current environment concerning the use of electronic documents, to investigate the related legal barriers, and to propose some suggestions for reforming the legal system.