• Title/Summary/Keyword: legal basis

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A Study on the Legal System of Compensation for Fishery Loss caused by Public Works (우리나라 어업손실 보상제도에 대한 정선방안 연구;-법제도를 중심으로-)

  • 이원갑
    • The Journal of Fisheries Business Administration
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    • v.25 no.1
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    • pp.19-35
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    • 1994
  • The objective of this study is to analize the system of legal compensation for the fishery loses caused by public works and to suggest alternatives on the current compensation system. Korea government has been performing reclamation activities in coastal region to conduct farm, urban and industrial area, and such activities are still going on in Yeongjongdo airport area, Saemangeum area and so on. Reclamation interrupts fishing activities in or around the reclaiming area, therefore, the compensation for fishery losses incurred by fishermen should be made. The system of legal compensation in Korea, however, is based on the land compensation, and the regulation of the compensation for fishery losses in the Fishery Act can not be applied for the compensation of public works because the procedure of the compensation in the Fishery Act is different from its cause of action. Therefore, this study is caried out to suggest a resonable compensation procedure and to provide a basis for establishing legal system.

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A Study on Business Ethics of Competitive Superiority Strategy (경쟁우위 전략에서의 기업윤리에 관한 연구)

  • Yim, Woong-Seok;Kim, Hyung-Joon;Lee, Nae-Hyung
    • Journal of the Korea Safety Management & Science
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    • v.9 no.1
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    • pp.157-174
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    • 2007
  • Corporation had been made by important action rule of business ethics that observes legal standard that is prescribed in each class of administration activity. But it does not keep ethicality of corporation action that conforms law. Law can not include all parts of business ethics because it is forcing essential class for public order preservation and public welfare in right. Moreover, partial corporations are doing to justify unethical action of other evasion of taxes, consultation, manufacturing etc. with legal basis meaning abusing legal standard. For these reason, Insistence that is in point of legal standard and ethical standard is not different each other that is in equal viewpoint is brought.

A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

A Study of Health Care System Housing and Environment of the Elderly (고령세대의 환경과 헬스 케어 시스템 주택에 관한 연구)

  • Kim, Jeong-Ja;Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.4
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    • pp.925-930
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    • 2012
  • In the current legal system, establishing aging friendly house based on health-care for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic legal systems. The related legal system is divided into two sections - healthcare system house and senior house. It is very limited only th exchange the information with medical teams. Thus, we need to investigate th concept and all the matters of health-care on the basis of cases. From these results, we are aware of the necessity of the improvements of the health-care system, and suggest plans for these problems. That is to organize the legal system, and make a new law through revising the current specific identification.

Legal Management of Medical Quality (의료 질의 법적 관리)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

A Comparative Law Study on the Professional Work of Nurses: Focusing on Legal Basis and Standardization (간호사의 전문적 업무에 대한 국가 간 비교법적 연구: 법적 근거와 업무 범위 표준화를 중심으로)

  • Jayoung You;Jiyong Park
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.117-148
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    • 2024
  • This study attempted to examine the ambiguity of work from the legal, social perspective, and actual performance differences in domestic nursing work compared to foreign countries. We compared the historical background of nurses' expanded work through overseas situations, compare and analyze the legal basis for nurses' qualifications and work in each country, and what changes they have undergone to clarify their work. Through this, we would like to consider the current status of the absence of a legal basis for professional work of domestic nurses and seek a direction for the development of domestic medical care. This study applied the case study method as one of the comparative institutional research methods. Among OECD countries, developed countries such as the United States, Australia, and Japan were selected and compared among developed countries that are solving medical gaps using nurses. In the United States, Australia, Japan, and Korea, nurses' professional work has been created by changes in the medical environment due to an aging society, chronic diseases, and lack of doctors. We looked at the start of their professional work, the establishment of legal grounds, the timing of qualification recognition, the development of the credential system and scope of work. Foreign countries have legal grounds for their roles and tasks, but domestic countries are before legislation. The country still has not narrowed the gap between the position of the legislative and judicial branches and actual work, and the current status of the domestic healthcare system has been measured through overseas development cases.

Characteristics and Current Status of Library E-book Purchase Contracts (도서관의 전자책 수급 계약의 특성과 실태)

  • Hosin Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.1
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    • pp.435-456
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    • 2023
  • This study aims to check whether e-book purchase contracts have sufficient requirements to serve as legal basis for e-book lending outside the library, and also to understand the current status and characteristics of the library's e-book purchase contracts. To this end, the legal and technical environment related to e-book lending was reviewed, and the elements that must be included in the license contract were summarized as the legal basis for e-book lending. Based on this, it was analyzed whether these requirements were properly reflected in actual contract cases. For three years from 2020 to 2022, the actual 43 contracts that were bid through the Korea On-line E-Procurement System were inspected, and then problems were pointed out, and improvement measures were proposed.

Safety Requirements for Playground Equipment and Toys (아동 안전을 위한 국내·외 아동놀이시설물 및 놀이용품의 안전보호제도에 관한 연구)

  • Shin, Dong Ju;Kim, Myoung Soon
    • Korean Journal of Child Studies
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    • v.20 no.1
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    • pp.177-197
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    • 1999
  • The purpose of this study was to provide the basis for establishing policies and recommendations to the legal system to ensure children's safety related to playground equipment and toys. The present legal system, including national inspections and safety requirements were reviewed both in Korea and other advanced countries. Several issues were found related to accident prevention and improvement of playground and toy safety in Korea. Recommendations were made for the development of educational safety programs for children, parents, teachers, consumers, industry, administrators, and policy makers.

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