• 항공우주정책ㆍ법학회지
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• 제7권
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• pp.151-175
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• 1995

In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

• 융합정보논문지
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• 제8권1호
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• pp.187-199
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• 2018

물류산업은 블록체인의 적용가능성과 효과성이 매우 높은 산업으로 거론된다. 본 연구는 블록체인이 물류산업에 적용될 경우 발생하는 긍정적인 효과가 무엇인지 살펴보고 물류산업에 블록체인이 적용되기 위해 우선적으로 해결되어야할 법적 문제점은 어떠한 것이 있는지를 파악하기 위한 논문이다. 선행연구의 부족으로 국내외의 다양한 보고서를 참고하였으며 블록체인을 통해 서류업무 간소화, 가시성 증대, 거래신뢰성 향상, 사물인터넷 활성화, 자율거래의 확대라는 긍정적 효과를 창출 할 수 있는 것을 확인했다. 하지만 물류산업에 블록체인이 적용되기 위해서는 전자거래의 범위, 전자선하증권의 국제유통, 전사서명, 개인정보보호에 등에 관한 법률적 보완이 필요하다는 것도 알 수 있었다. 블록체인에 대한 사회적 관심이 높아지는 현 시점에서 물류산업의 적용가능성과 효과 및 법률적 문제점을 확인했다는 의미가 있지만 보다 광범위한 법적 문제와 실무 차원의 연구가 향후 수행되어야 할 것이다.

• 한국조경학회지
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• 제29권5호
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• pp.115-124
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• 2001

The purpose of this study is to examine the rightness of establishing the Essential Act of Landscape Architecture in Korea and to present the legal phase, the legislative system and the construction of a contents at the expected enactment of it. It is necessary to point out the problems of the various fields of landscape architecture and to propose the solutions of them. The contents of the study are as follows, 1 . The number of the regulations related to landscape architecture is a good reason for which the field of landscape architecture is worth being included to the positive law. 2. The problems by items(ordinance, engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, material, aesthetics and sight, environmental conservation and ecology, right and penal regulations) to the domestic related regulations being at issue and the remedies for it shall be considered at the enactment of the Essential Act of Landscape Architecture. 3. The number of the domestic regulations being related to landscape architecture which have a term of\` the Essential Act∼\`is 5. 4. The Essential Act of Landscape Architecture is the separate Essential Act welch defines the scope of landscape architecture as construction works and controls the business essentially. 5. The meaning and character of the Essential Act of Landscape Architecture was examined and the reasons for that essential act were recognized in point of the legal, landscape architectural and educational systems. 6. The creation of new official landscape architectural organization is a reason to justify the enactment of the Essential Act of Landscape Architecture. 7. The legal phase, the legislative system and the construction of a contents of the Essential Act of Landscape Architecture ware presented and this act shall conform to such as the legal system of the Architectural Act, the Essential Act of the Construction Industry and so on. The result of this study will be the basic materials for the creation of the Essential Act of Landscape Architecture.

• 한국문헌정보학회지
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• 제41권3호
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• pp.5-24
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• 2007

정보자원의 기록과 보존이라는 측면에서 웹이 차지하는 가치는 날로 증대되고 있다. 웹의 정보적, 문화적 그리고 증거적 가치를 보존하고자 하는 노력들은 웹의 본격적인 대중화와 함께 전개되기 시작했다. 웹을 기반으로 하는 정보자원의 보존은 웹의 고유한 매체 특성으로 인해 기존의 인쇄물을 중심으로 하는 유형 기록물의 보존에서 나타는 것과는 현저하게 다른 문제점들을 노정하고 있다. 웹의 기술적 아키텍처의 특성에 기반 한 기술적 측면의 문제들이 그 중 하나이고, 웹 정보자원의 저작권, 진본성 등에 관한 법 제도적 문제가 웹 아카이빙에서 제기되는 또 하나의 중요한 문제이다 이러한 맥락에서 웹 정보자원이 가지는 기술적 법 제도적 특성을 파악하는 것은 필수적이라 할 수 있다. 이 논문은 웹 정보자원 특성에 기반하여 웹 아카이빙과 관련된 기술적 문제와 법 제도적 측면을 살펴보고, 이를 통해 웹 아카이빙의 발전을 위한 우리의 과제를 모색해보고자 한다.

• International Journal of Computer Science & Network Security
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• 제22권1호
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• International Journal of Computer Science & Network Security
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• 제22권7호
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• pp.327-331
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• 2022

The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

• International Journal of Computer Science & Network Security
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• 제22권10호
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• pp.400-405
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• 2022

Legislative approaches to regulating the digital sex industry are increasingly being debated at the international and national levels. There is a trend showing an increased interest in the decriminalization of sex work. At the same time, in many countries, activities related to digital prostitution remain criminalized. In this regard, it is important to analyze the international legal experience of the criminalization and decriminalization of digital prostitution, as well as to pay attention to the key problematic issues that arise during the criminalization and decriminalization of such an issue. The object of the study is the international experience of criminalization and decriminalization of digital prostitution. The subject of the study is social relations that arise, change, and cease during the criminalization and decriminalization of digital prostitution. The research methodology consists of such methods as philosophical, logical, special-legal, system analysis methods, and formal-dogmatic methods. Research results. As a result of the study of the international legal experience of criminalization and decriminalization of digital prostitution, it was concluded that the criminalization and/or decriminalization of digital prostitution is treated differently in different countries. Workers in this industry advocate decriminalization, not legalization, because decriminalization puts power directly in the hands of sex workers and creates no legal barriers. Countries that have decriminalized digital prostitution believe that sex work is real work and should be treated respectfully, and banning resources such as OnlyFans is not in favor of such workers. Regarding positions on the criminalization of prostitution, countries use different models of such criminalization, including the model of legalization of digital prostitution, which, on the one hand, allows prostitution, but establishes criminal liability for deviations from the rules established by the state.

• 의료법학
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• 제11권1호
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• pp.91-116
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• 2010

As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

• 환경정책연구
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• 제3권1호
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• pp.1-29
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• 2004

The role of the financial institution to promote corporate sustainability may be reviewed in two angles, as a commercial lender and an investor. As a commercial lender, financial institutions should minimize the legal risks and the political risks. Financial institutions began to recognize environmental risks as legal risks that directly affect their lending practices since the legislation of the Comprehensive Environmental Response, Compensation, and Liability Act("Superfund") of the U.S.A. The so-called lender liability rule has a detailed guideline where the financial institutions may be exempted from the Superfund Liability. Similar attempts are noticed in the recent EU White Paper on Environmental Liability. In Korea, comprehensive environmental liability laws are yet to be developed. The Soil Environment Preservation Act now includes a far-reaching environmental liability provisions, where the owners and operators as well as receivers of the facility bear responsibility. However, whether the financial institutions may be captured as a potential responsible party is not very clear. Until the relevant legislation is developed and court decisions accumulate, Korean financial institutions are well advised to raise awareness on this issue, to develop environmental policies and to train personnels.

• 대한안전경영과학회지
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• 제16권3호
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.