• Journal of the Architectural Institute of Korea Planning & Design
• /
• v.35 no.4
• /
• pp.69-79
• /
• 2019

The purpose of this study was to analyze legal characteristics and issues of an underground pedestrian connection, which is a very useful tool to create 3D pedestrian networks and the vibrant underground environment. To do this, this paper explored the related laws to install the connection and analyzes 74 cases of Jung-gu, Seoul to find major issues. Then, it defined the legal characteristics in terms of not only the laws but also property law in Korea, thereby suggesting the improvement schemes. As a result, this paper concluded that the connections can be installed by an Urban Planning Facility or a Road Occupation Permit, but should be considered their public interest. In addition, exactions or fees for the permit should be carefully implemented based on the characters of the connection.

• Journal of the Society of Disaster Information
• /
• v.12 no.2
• /
• pp.150-166
• /
• 2016

In the aftermath of a recent outbreak of Middle East respiratory syndrome (MERS), legal matters on the spread of epidemics have emerged as major social issues in Korea, with the awareness that rampant contagious diseases are disasters in society. Problems arose over damages arising from patients who contract infectious diseases, compensation for people under quarantine and for a partial, or entire, shutdown of hospitals, and information disclosure on infectious diseases. As epidemic-linked problems have never been socially disputed in Korea, the relevant legal issues appear to be studied comparatively less than other areas. As interests are heightened over legal issues on infectious illnesses amid the MERS scare, in-depth, further research on such legal issues should be conducted in an utmost effort to prevent and make preparations for epidemics which potentially become a social disaster, such as new Hong Kong flu, Ebola virus and Zika virus.

• Journal of the Korean Society for Library and Information Science
• /
• v.41 no.3
• /
• pp.5-24
• /
• 2007

In terms of archiving. an importance of the Web is more increasing. Since the Internet has been popularized. many archivists have made efforts to preserve informational. cultural. and evidential values of the Web. Information resources on the Web raise archival issues that are significantly different from issues of preservation for tangible materials, because they are based on unique characteristics of the Web. One of issues is about a technical aspect which is based on technical architecture of Web. Another important issue is related to legal problems including copyright, authenticity and so on. In this context. it is essential to understand technical and legal characteristics of the Web. A purpose of this article is to review technical and legal aspects of Web archiving and to find an agenda for development of Web archiving.

• Transactions of the Korean hydrogen and new energy society
• /
• v.33 no.2
• /
• pp.142-147
• /
• 2022

Along with the global discussion on climate change prevention, regulations on hazardous substances emitted from ships were also carried out. Batteries have been regularly proposed as a solution for transportation, but lack of energy density has presented hydrogen as a final alternative. This study conducted legal issues regarding the method of providing hydrogen fuel on land and providing hydrogen fuel at sea. It is necessary to study how to institutionalize hydrogen bunkering in the legal system of the licensing system and distribution system.

• Ocean and Polar Research
• /
• v.36 no.4
• /
• pp.353-365
• /
• 2014

Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

• Journal of Arbitration Studies
• /
• v.23 no.2
• /
• pp.55-79
• /
• 2013

As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

• Journal of the Korean Society for Library and Information Science
• /
• v.54 no.1
• /
• pp.387-409
• /
• 2020

Precedents are data containing various types of information. In this study, I proposed a method to be utilized as legal information system for the public using automatic text analysis performed on precedents. It is carried out to analyze the defamation precedent using reference provision, judgment issues, major points of judgment, and reference precedents. As a result of the analysis, legal provisions used in defamation, key issues covered by defamation, and key cases are extracted. Although only applied to the Supreme Court case regarding defamation, the proposed methodology could be applied to various legal topics.

• The Korean Society of Law and Medicine
• /
• v.11 no.1
• /
• pp.91-116
• /
• 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.

• Journal of Korean Library and Information Science Society
• /
• v.55 no.1
• /
• pp.145-172
• /
• 2024

The research aims to propose improvement to legal theses deposit system in S. Korea by conducting comparative analysis of legal theses deposit systems in eight other countries including the US, the UK, Canada, Australia, France, Taiwan, Japan and S. Korea. The research used documentary research method including literature review by collecting and analyzing the legal regulations, ordinances, practical processes, and guidelines related to thesis submissions at national libraries and academic institutional depositories, as well as practical cases of thesis submissions at major universities in each country. Based on the analysis results, the key issues are identified and discussed, and corresponding suggestions for solving the issues are presented. For the improvement of the legal theses deposits systems, the research recommends legal amendments to the Library Law and Higher Education Law. On the practical side, the research proposes strengthening the legal foundation for KERIS, in collecting and providing theses, improving the operation of the dCollection system, and proposing a submission method focused on electronic theses.

• Clinical and Experimental Reproductive Medicine
• /
• v.39 no.4
• /
• pp.138-143
• /
• 2012

While Korea does not have any legal statement on surrogacy, treatments are carried out in practice. As a result, every Institutional Review Board (IRB) of each fertility clinic faces an ethical predicament in reviewing each case. There is a need to arrange the institutions' own standards of surrogate pregnancy procedures before the establishment of national or professional regulation. This article examines the legal, social, and medical issues of surrogacy to help IRBs to judge their cases.