• Title/Summary/Keyword: legal framework

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The Current Status of the Discussions on International Norms Related to Space Activities in the UN COPUOS Legal Subcommittee (우주활동 국제규범에 관한 유엔 우주평화적이용위원회 법률소위원회의 최근 논의 현황)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.127-160
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    • 2014
  • The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

Legal Issues in the Act on the Promotion of Education for the Gifted and Talented Law (영재교육진흥법에 대한 교육법적 쟁점)

  • Park, Chang-Un;Choe, Ho-Seong;Seo, Hae-Ae
    • Journal of Gifted/Talented Education
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    • v.19 no.2
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    • pp.211-240
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    • 2009
  • This paper attempts to explore issues related with the Sifted and talented education in legal aspects. To accomplish this goal, the legal system connected with the gifted and talented education is examined. It includes the Constitution of the Republic of Korea, framework act on education, elementary and secondary education act, etc,. Second, the institutional process of the Act on the Promotion of Education for the gifted and Talented Law and legal characteristics is reviewed. It is found that the Act on the Promotion of Education for the gifted and Talented Law and its regulations is designated to achieve goals of education in general. Educational institutions for children with gifted and talented seem to attain more investment than general education institutions. Third, main issues in the Act on the Promotion of Education for the gifted and Talented Law is discussed. They are the legal system, legal name and aim, rights and obligation for gifted and talented, selection of gifted and talented, organization and operation of curriculum, and teacher education. In conclusion, it needs deeper study on each issue and needs to be presented the specific alternatives. So, it should be improved the law in such a way to meet the fundamental human rights for the gifted and talented.

Development of effective management strategy for geographical database based on the concept of intellectual property rights (지리정보DB의 효율적 유통관리 방안 연구 - 지적재산권 설정을 중심으로 -)

  • 양광식;이종열;이영대
    • Spatial Information Research
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    • v.11 no.1
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    • pp.73-88
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    • 2003
  • Geographical data sets are expensive to create and are very easy to copy because the intellectual property rights for the distribution should be protected. The main object of copyright law is to encourage expression of ideas in tangible form and it extend only to original works, it is limited to control the balance of interests between data producers and user. Because the development of a useful legal framework for both private and public activity in this field is an important issue. This paper presents an intial attempt at such a the effective management strategy intended to support continuing research into the legal protection of geographical information.

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CSR Expectation from Fashion Firms and its Impact on Brand Equity (패션기업에 대한 CSR기대와 브랜드 자산에 미치는 영향)

  • Ahn, Soo-Kyoung;Ryou, Eunjeong
    • Fashion & Textile Research Journal
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    • v.15 no.1
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    • pp.73-83
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    • 2013
  • This study explores the ideal corporate social responsibility(CSR) that fashion consumers expect from a fashion firm in the identification of dimensions and levels of consumer expectations as well as examines the impact of CSR expectations on customer-base brand equity. The data of 315 adults were collected through a nationwide online survey. In order to analyze the data, this study employed Confirmatory factor analysis (CFA), paired t-test, structural equation modeling(SEM), and descriptive analysis. This study first identified seven fashion CSR expectations (environmental, ethical, social, internal management, philanthropic, economic, and legal expectations). Internal management and environmental activities were highly expected from fashion firms; however, economic activity was low in expectations. Five models separately tested the relationship between CSR expectations and brand equity (trustworthiness, attachment, performance, social image, and value). Economic, environmental, internal management, social and ethical CSR expectations influenced customer-based brand equity; however, philanthropic and legal expectations did not influence any dimension of customer-based brand equity. This study provides a framework of ideal CSR from a consumer perspective and suggests that fashion marketers should focus on economic, environmental, internal management, social and ethical CSR activities to meet the expect Haitians of fashion consumers and build stronger brand equity.

Who is responsible for the onus of proof on online fraud transactions? In perspectives of the eCommerce Law and Privacy Investment (온라인 거래에서 사고 발생시 누가 이의 입증책임을 질 것인가?)

  • Chun, Se-Hak;Cho, Woo-Je;Kim, Jae-Cheol
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.699-704
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    • 2007
  • In this study, we examine why there exist different legal systems in electronic commerce or online financial trading. When a fraud online transaction occurs and the online customer disputes the transaction, the online customer takes responsibility for the proof of her/his argument in many European countries while in the U.S., the burden of proof lays on the firm. This paper analyzes how these two different legal systems exist and how these can be applied to electronic commerce law. In particular, this paper intends to find the optimal level of e-commerce firms' investment on security and analyzes how security investments can be related to firm's profits and consumer's welfare depending on IT infrastructure and social trust environment. More on, this paper can be contributed to provide guidelines for regulatory framework on ecommerce online transactions and discuss social welfare implications.

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The change of perspective on brain death, euthanasia and withdrawal of the life supporting medical treatments in Korea for pediatric patients (국내외 뇌사, 존엄사와 안락사에 대한 인식의 변화와 윤리 - 소아를 중심으로)

  • Kwon, Ivo
    • Clinical and Experimental Pediatrics
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    • v.52 no.8
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    • pp.843-850
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    • 2009
  • A recent High Court's decision regarding the withdrawal of life supporting medical treatment (artificial ventilator) from an elderly female patient in the terminal stage has opened up a new era of the "euthanasia dispute" in Korea. With this decision, the legitimate withdrawal of life supporting treatment became possible under certain conditions and the Korean Medical Association is working toward the establishment of practical guidelines for the terminal-stage patients. However, there are still very few debates on the cases of pediatric patients in the terminal stage or suffering from fatal diseases. For pediatric patients, the core principle of autonomy and following procedure of "advance directives" are hardly kept due to the immaturity of the patients themselves. Decisions for their lives usually are in the hands of the parents, which may often bring out tragic disputes around "child abuse", especially in Korea where parents have exclusive control of the destiny of their children. Some developed countries such as the U.S.A., the U.K. and Canada have already established guidelines or a legal framework for ensuring the rights of the healthcare system regarding children suffering from severe illness, permitting the withdrawal of Life supporting medical treatment (LSMT) in very specific conditions when the quality of life of the children is severely threatened. For the protection of the welfare and interest of the children, we should discuss this issue and develop guidelines for the daily practice of pediatricians.

The Life Cycle Model Considering Legal and Technical Characteristics of Personal Data (개인정보의 법적·기술적 특성을 고려한 라이프 사이클(Life Cycle) 모델)

  • Jang, Jae-Young;Park, Tae-Hwan;Kim, Beom-Soo
    • The Journal of Society for e-Business Studies
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    • v.17 no.3
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    • pp.43-60
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    • 2012
  • This study reviews the life cycle models considering legal and technical characteristics of personal data respectively. Based on the reviews, this research proposes 'consent and management based model of personal data' which is applicable to the domestic IT companies. The model suggested in this paper has characteristics that 'Consent' and 'Management' factors are ㅁpositively considered, which is overlooked in the other models. The validity of the model is examined by two methods, validation of the model of excellence by contrast of the other models, and 'consent' and 'management' factors cover all the life cycle processes. Using this model, IT companies will be contributed to the analysis of the personal data utilization and the development of IT system protection.

Reviewing Articles Related to Recent Advances in Non-invasive Prenatal Testing and Nursing Implications (최신 비침습적 산전 유전 검사(NIPT)의 임상 적용과 간호학적 의미)

  • Jun, Myunghee;Shin, Gyeyoung;Hur, Myung Haeng;Choi, Kyung-Sook
    • The Journal of Korean Academic Society of Nursing Education
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    • v.19 no.4
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    • pp.675-683
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    • 2013
  • Purpose: Nineteen articles were analyzed to gather opinions and nursing implications about NIPT recently launched. Methods: Nineteen articles were selected from EBSCO (eBook business collection), Google Scholar, and two Korean academic d-bases with key words 'prenatal screening testing', 'prenatal genetic diagnostic testing', NIPT or 'cell free DNA (cfDNA)'. Authors developed a framework for analyzing the 19 articles including opinions and suggestions for future implications. Results: Eleven articles written by the first author affiliated with medicine or genetics, viewed NIPT as promising because of safety, accuracy, early detectability and cost effectiveness. Articles written by journalists or authors affiliated with history and ethics were concerned with the possible risk of ELSI (ethical, legal, social issues), erratic interpretation of test results, and lack of genetic counseling service. Conclusion: With consideration of Korean clinical, and legal circumstances, not only pregnant women and families but also health professionals must prepare for clinical NIPT implications including updating prenatal genetic testing, counseling services, protecting ELSI and amulticultural team approach.

A Study on the Construction of Non-National Forest Road in Japan (일본의 민유림 임도사업에 관한 고찰)

  • Cha, Du-Song;Kobayashi, Hiroshi;Ji, Byoung-Yun
    • Journal of Forest and Environmental Science
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    • v.13 no.1
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    • pp.104-113
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    • 1997
  • Japan is considered to have accumulated much experience of the maintenance. financial support. construction. and related law system of non-national forest road. These data were collected and reviewed to provide the basis of the legal and institutional framework for the forest road construction of Korea. The results show that the non-national forest road plays a key role in the development and enhancement of rural areas' surroundings as its legal and institutional systems are brought to effect and meet the period' s requires.

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A Study on the Law of Non-performance of International Sales Contract under the Contract Law of The People's Republic of China (중국계약법(中國契約法)상 무역계약불이행(貿易契約不履行)관련 규정(規定)의 연구(硏究))

  • Ahn, Yeong-Tae
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.243-257
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    • 2006
  • This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

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