• 무역상무연구
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• 제44권
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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.

• 한국도서관정보학회지
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• 제44권2호
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• pp.315-343
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• 2013

공공저작물은 국민의 세금에 의해 작성된 것이므로, 공공의 이익을 위해 민간의 무상의 자유로운 접근 및 이용이 보장되어야 한다. 이를 위해서는 무엇보다도 저작권 처리 문제를 해결할 수 있는 법률적 근거가 마련되어야 한다. 이에 본 연구는 공공저작물의 법적 개념과 공공기관의 개념 및 범위에 대해 검토하였다. 공공저작물의 저작권 보호를 제한하는 입법사례로 미국, 영국 및 독일의 저작권법 관련 규정과 최근에 입법 예고된 개정안들을 분석하였고, 이어서 공공저작물과 관련한 국내 현행 저작권법상의 저작권 보호의 제한 규정 및 저작권법 일부개정안을 상세히 분석하였다. 이러한 분석 결과에 기초하여, 본 연구는 도서관에서의 공공저작물의 이용 활성화를 위하여 저작권 제한을 큰 폭으로 확대하는 법률개정안을 제시하였다.

• 한국전문물리치료학회지
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• 제10권2호
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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.

• 보건행정학회지
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• 제14권3호
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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.

• 무역상무연구
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• 제12권
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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.

• 의료법학
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• 제15권2호
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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.

• 한국중재학회지:중재연구
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• 제14권1호
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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.

• 융합보안논문지
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• 제13권6호
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• pp.91-98
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• 2013

오늘날 사이버공격은 국가안보를 위협하는 요소가 되고 있다. 최근의 사이버안보 정책으로서 국가 사이버안보 종합대책이 발표되었으나 현행 법제도에 의하면 온전한 법적 근거를 갖추고 그러한 대책들을 구현하기에는 어려운 부분이 있다. 현재 사이버안보 관련 법제도는 부문별로 별도의 법령이 적용되고 있으며, 이에 따라 사이버안보 추진체계도 분산되어 부문별 장벽에 의한 문제점들이 발생한다. 이러한 여러 가지 문제점들을 근본적으로 해결하기 위해서는 기존 법률의 개정보다는 새로운 사이버안보법의 제정이 더욱 적절한 방식이다. 한편 2013년에는 국회에서 사이버안보 강화를 위한 몇 가지 법률안이 발의되었다. 이 법률안들에 대한 분석을 통하여 바람직한 내용적 요소들을 도출하고, 이를 반영한 새로운 사이버안보법을 제정하는 것이 사이버안보 관련 법제도 정비의 실현 가능성을 높일 것이다. 향후 사이버안보법 제정 논의의 시발점이자 새로운 사이버안보법의 기초로 활용될 수 있다는 점에서 이 법률안들은 큰 의미가 있다.

• 한국언론정보학보
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• 제21권
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• pp.35-62
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• 2003

본 연구에서는 먼저 국내 데이터방송 산업의 세부적인 현황을 분석하여 산업계에서 제기되고 있는 문제점을 도출한 뒤, 이러한 문제점을 해결하고 데이터방송 산업의 활성화를 위하여 어떤 법적 근거마련과 제도적 개선책이 필요한 지를 고찰해 보고자 한다. 국내 데이터방송 산업 현황과 당면한 문제점을 알아보기 위하여 16개 업체와 기타 관련 실무자를 대상으로 설문조사를 실시하였다. 설문 결과, 먼저 국내 데이터방송 서비스 사업자들의 개발 기술이나 컨텐츠의 개발수준은 매우 높지만, 인력, 재정 면에서 어려움을 겪고 있는 것으로 나타났고, 서비스 개시 일정의 지연도 사업을 어렵게 만드는 요인으로 지적되었다. 두번째로 최근 정부의 방송정책 하에서는 법적 규정이 애매하며 체계적인 규제가 이루어지지 않고 있다는 지적이 제기되었다. 본 연구에서는 이러한 문제점을 해결하기 위한 방안으로 방송과 통신의 융합시대를 대비하는 법률의 제정과 정부의 체계적인 지원을 권고하고 있다. 그리고 기술발전 및 기술표준화, 데이터방송산업의 기반구축, 인력양성에 있어 효율적인 방안에 대해 논의하고 있다.

• Journal of Sport and Applied Science
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• 제5권1호
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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.