• Title/Summary/Keyword: legal basis

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Argument on the right to be forgotten and the freedom of expression-focused on the reforming the press arbitration system (잊혀질 권리와 표현의 자유를 둘러싼 논의 - 언론중재제도의 개선과 관련하여)

  • Hong, Sook-Yeong
    • Journal of Digital Convergence
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    • v.12 no.6
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    • pp.1-11
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    • 2014
  • With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

The User Satisfaction Analyses for the Multimedia Room of Academic Libraries in the Northeast Seoul (대학도서관 멀티미디어실에 대한 이용자 만족도 분석 - 서울동북부사립대학교도서관을 중심으로 -)

  • Park, Se Mi;Kim, Yang-Woo
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.26 no.1
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    • pp.5-33
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    • 2015
  • While a number of studies have been conducted on the multimedia rooms in academic libraries, they have limitations both in the research scope and in the data analysis methods. The principal limitations are: (1) Lack of investigation on the variation in user satisfaction by users' major areas and utilization behaviors; (2) Insufficiency of examining the variation in user satisfaction with diverse library areas; (3) Lack of consideration of service providers' opinions. Accordingly, this study aimed to examine the follows: (1) investigating how users' major fields and utilization behaviors affect user satisfaction; (2) determining the relationships between the area satisfaction factors and satisfaction in general; and (3) discovering what to improve, as indicated by users and service providers. On the basis of the results, the suggestions relate to the improvements of the followings: (1) the existing system; (2) equipments and facilities; (3) resources; (4) user education; and (5) administrative and legal support.

Regulation System of Amusement Place Business : The Quickening Period of the Game Legislation (유기장업 관리체제 : 게임법제의 태동기 연구)

  • Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.9 no.1
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    • pp.43-54
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    • 2009
  • This paper is written for analyzing the history of the Korean game legislation system. The regulation system of amusement place business that is discussed in this paper was started at the Enforcement Rule of the Amusement Place Act of 1973. It was maintained till 1999 and comes under the quickening period of the current game legislation. The legal regulation of this times was accomplished through the Amusement Place Act, the Amusement Place Business Act and the Public Health Act. The amusement place business was differentiated into the athletics facility business, the amusement facility business and the game proffer business of current legislations. The game proffer business succeeds to the kernel of the regulation system of amusement place business. Therefore, The basis of the current game legislation was constituted in the times of the regulation system of amusement place business. Two cores of the regulation system of amusement place business, (1) the separation of the amusement instrument and the speculation, (2) the regulation of a place of business, are still the important issues of the current game legislation.

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Comparative Study of Welfare Facility Policies for the Elderly in Korea and Japan (한국과 일본의 노인복지시설 관련정책의 비교 고찰)

  • Nam, Yun-Cheol
    • Journal of The Korean Digital Architecture Interior Association
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    • v.13 no.4
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    • pp.109-117
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    • 2013
  • The purpose of this study is to present our elderly welfare policy and welfare facilities for the elderly and to propose the future direction of policy for the elderly with comparison to that of Japan. The comparative study results of Korea and Japan are as follows: As the basis of elderly welfare, care insurance for the elderly is now fixated in the two countries. On the other hand, for quantitative expansion in Korea, the quality level has been gone down. Due to qualitative evaluation, the growth of facilities has slowed and material welfare providers was also a decline in the number of operators. Two countries in the field of community welfare in recent years has been actively promoting. It is the most important to solve the social welfare problem with local councils who know the area, which is a part of the future to focus and to support. Due to huge construction investment of facility, there is the burden of operators. This facility is appropriate for an extension of the home. However, it is in the hard economic times. Until now, the number of people in a room is at least four according to the legal standard of Korea, there are a few private rooms. On the other hand, in Japan, unit-care was phased since 2002 and private rooms have been expanded. In Japan, health center for the elderly plays an important role with special elderly nursing home among facilities for the elderly. Health center provides services that are recovering, nursing, and caring to support independence for the elderly after acute phase of treatment. As treatment and care, the aim of health center is to return the elderly to home. On the other hand, there are a few health centers for returning the elderly to home in Korea. Furthermore, in Japan, a project for preventive care has been begun. The project is needed in Korea.

A Study on the Investor Protection Principle as a Legal Basis of Investor - State Dispute Settlement(ISDS) (투자자-국가 분쟁해결(ISDS)의 대상이 된 투자자 보호원칙에 관한 연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.121-145
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    • 2009
  • South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

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Evaluating Spatiality of Green-House Gas Emission in Building Site ("대" 지목에 의거한 온실가스 분포의 공간성 평가)

  • Kim, Jun-Hyun;Um, Jung-Sup
    • Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
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    • 2010.06a
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    • pp.94-102
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    • 2010
  • These days the land category is the most specific basis of legal for land use or land use form that is determined by the main use of land. Even if same land building site, it is used very various like a detached house, a row house, a multiplex house, a villa, an apartment, a mixed-use Apartments, commercial building, fallow land etc. There is a need of variety analysis in order to apply greenhouse gas emission or statistics assessment for standard of classification. Therefore, This study measured carbon dioxide by for different government agencies of maps by land use time, season, elevation, space, area of floating population. As a result, The emission characteristic was high l.78 times, on average of l.35 times in winter compared with summer, when the temperatures increased 11C, the carbon dioxide is 22ppm high in the afternoon, A commercial building is high 4.04 times compare with detached house.

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A Study on the Direction of Legal System Improvement for Ubiquitous City Activation (U-City 활성화를 위한 유비쿼터스도시의 건설 등에 관한 법률의 개정방향)

  • Jang, HwanYoung;Sakong, HoSang;Lee, JaeYong
    • Spatial Information Research
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    • v.23 no.4
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    • pp.67-78
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    • 2015
  • The ubiquitous city construction act worked as an institutional basis for the U-City projects which were actively driven in the new urban areas until 2010. However, the country's urban policies which were recently changed focusing on revitalization of the existing towns and urban regeneration led to the increased demand for revision of the u-City law with a strong character of procedural law mainly for the new urban areas. Therefore, this study, taking into account the changes of the country's urban policies and the conditions related to u-City, established the direction of revision on the u-City law as the diversification of the u-City projects, reinforcement of u-City management operation and the supports for the u-City projects, and presented the consequent action plans. This study aims to review the problems with the current u-City law and the improvement plan from the practical point of view for reflecting the country's urban policy flow and demand. It is expected that the result of this study will be able to be utilized as a basic material for supporting the continuous development and expansion of u-City by law and system.

Structural Analysis on the Path of Problem Gambling among College Students - Using Jacob's General Theory of Addiction- (대학생의 문제도박 발달경로 구조분석 -Jacob의 중독의 일반이론 적용-)

  • Jang, Soomi
    • Korean Journal of Social Welfare
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    • v.65 no.2
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    • pp.231-254
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    • 2013
  • The growth of legal and illegal gambling industry in Korea has increased the gambling accessibility. Actually, the prevalence of gambling addiction in Korea is significantly higher than those in western countries. The problems related to gambling make negative consequences in the individual, familial and socio-economical aspect. Previous studies showed that the prevalence of problem gambling by college students was much higher than that by adolescence and adult due to the nature of psychosocial developmental stage. The purpose of this study is to explore the path of problem gambling among college students based on the Jacob's general theory of addiction. Participants are 366 male college students who have experienced on gambling behavior. The main results are as follows. First, the problem gambling prevalence of participants is 14%. Second, statistical analysis using structural equation modeling shows the significant pathway among psychological vulnerability, needs to escape and problem gambling. Instead, the physiological vulnerability is not significant on the path to problem gambling. On the basis of these findings, the implications for social welfare prevention and intervention to college students are discussed.

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Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

Institutional Analysis on Organizational Changes of Korean Medicine Hospitals (보건의료 제도환경에 따른 한방병원의 변화 - 제도주의적 관점의 적용 -)

  • Park, Minjung;Lim, Buoungmook;Cha, Wungseok;You, Myoungsoon
    • The Journal of Korean Medicine
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    • v.35 no.1
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    • pp.145-156
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    • 2014
  • Objectives: Korean medicine hospitals, since they first emerged in the early 1970s, have rapidly become a new member of the hospital population. As it was a new organizational frame for traditional medicine, we tried to analyze the changes of Korean medicine hospitals coping with institutional environment and their relative positioning in the whole health care sector. Methods: On the basis of Scott and his colleagues' identification of the three components of institutional environments, changes in organizational logics, actors, and governance of Korean medicine hospitals during the period from 1971 to 2010 were analyzed. Results: First, Similar to previous literature on institutional eras of Korean health sector, three distinct periods were characterized: the foundation of Korean medicine hospitals to consolidate the legal status(1971~1986), a rapid increase of entrepreneurial hospitals through cultural-cognitive legitimacy(1987~2001), and the reinforcement of specialization and competition(2002~present). Conclusions: Results suggested that: (1) changes in institutional environments hada heavy impact on structural and behavioral changes among Korean medicine hospitals, but the pace was slower than that of western medicine hospitals. (2) In structure, Korean medicine hospitals have positioned themselves as unofficial long-term care hospitals, focusing on chronic diseases(e.g. cerebrovascular disease). Our study demonstrated that organizational theories can provide useful framework for the analysis of Korean medicine and related policies. Indeed, one of the most important implications of this study is that understanding changes in institutional environments is important to understand the process of how members of the health care sector live, grow, change, decline and survive.