• Title/Summary/Keyword: legal knowledge

Search Result 311, Processing Time 0.024 seconds

Main Trends for Reforming the Duty of Utmost Good Faith in English Insurance Contracts Law - Focused on the Policyholder's Pre-Contractual Duty in Insurance Contracts for Business (영국 보험계약법 상 최대선의의무에 관한 주요 개혁동향)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.49
    • /
    • pp.257-281
    • /
    • 2011
  • The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

  • PDF

Implementation of a Legal Information Service System for Land Usage Regulations (토지이용규제 법률정보서비스 시스템의 구현)

  • Lee, Bum-Suk;Moon, Kyung-Won;Hong, Sung-Han;Kim, Eui-Chan;Hwang, Byung-Yeon
    • Journal of Korea Spatial Information System Society
    • /
    • v.8 no.3
    • /
    • pp.39-50
    • /
    • 2006
  • Rapid growth of the domestic economy caused a lot of the demand of land information. The land information system has to keep the records of the various data about land that includes its owner and usages. Also the system must present adequate results that have been accumulated upon a user's request. Since Korean Government enforces 'Law of National Land Usage and Management', the land in rural area was also tightly regulated as much as that in the urban area. In fact, when people wants to develop their land, then they realize that their land has many restrictions and regulations to use. Sometimes, they find many regulations and restrictions even in a parcel. Thus, many people quite often want to know all the laws, rules, regulations, and restrictions etc., whatever applicable on the land they are interested in. to use. The purpose of this paper is to show a legal service system that precisely presents all the related laws, regulations, and restrictions. for a piece of the land. It summarizes the search results on users' requests. It uses a knowledge-based expert system to figure out the users requests. In this paper, we designed the system architecture of the software, and implemented its prototype. The results on this system show more concise and user friendlier than those of the existing systems.

  • PDF

The Factor Influencing to the Effectiveness of Prevention Policies of the Criminal Victimization of North Korean Defectors (북한이탈주민 범죄피해 예방정책의 효과성에의 영향요인)

  • Lim, Chang-Ho;Kim, Yun-Young
    • Korean Security Journal
    • /
    • no.51
    • /
    • pp.223-249
    • /
    • 2017
  • The purpose of this study is to analyze the actual situation of crime victimization by North Korean defectors and to examine whether any of the protection and support systems for defectors has a statistically significant effect on the perceived effectiveness for preventing the criminal victimization of North Korean Defectors. The subjects of this study were 107 police officers from the 17 provincial police departments. Independent variables were (1) social adaptation education in Hanawon, (2) protection officer system, (3) legal support system, (4) private participation system, (5) support for family life, (6) community participation activity. And the dependent variable is the crime prevention effectiveness for the defectors. As a result of multiple regression analysis, it was found that the independent variables that have a significant effect on the effectiveness of prevention of crime victimization were protection officer system and support for family life. First, in order to prevent the crime victimization of North Korean defectors in advance, three kinds of protection officer system that will be received after the transfer of the residence should play the role successfully. Second, the efforts of the government and municipalities alone are insufficient for the early settlement of North Korean defectors. Therefore, it is necessary to diversify the support and protection programs for North Korean refugees through cooperation with civic organizations. Third, it is necessary to expand the legal education time so that North Korean defectors do not suffer crime because of lack of legal knowledge. Fourth, in order to prevent North Korean defectors from being victimized by various kinds of crime, it is necessary to actively support them so that family life can be stabilized.

  • PDF

A Case Study of the Judgement on Sick House Syndrome : Focusing on the Process of Environmental Dispute Resolution (새집증후군 배상 판결 사례를 통해서 본 환경분쟁조정의 특성)

  • Chang, Ha-Won
    • Journal of Science and Technology Studies
    • /
    • v.9 no.1
    • /
    • pp.57-87
    • /
    • 2009
  • Sick House Syndrome(SHS) is the environmental health problem which is difficult to clarify a causal relationship and a responsibility. This paper is focused on a National Environmental Dispute Resolution Commission(NEDRC)'s judgment on SHS and the process of the change of knowledge and policies related to SHS. In the process of the resolving the SHS dispute, NEDRC functioned as a boundary organization, which helps stabilize the boundary between science and policy, and provides space of mutual collaboration and produces boundary objects. NEDRC had necessary characteristics and resources to make scientific knowledge and policies of SHS. First, it was important for SHS to define a problem clearly and to justify the related information whereupon legal authority was effective. In addition, for the procedure of deciding polities, the role of the Ministry of Environment(ME) was essential. However, due to the condition of ME, the discussion of SHS had been limited to the scope of dispute, excluding scientific discussion.

  • PDF

A Study on the Formulation of the Collection Development Policy for a National Library (국가도서관 장서개발정책 수립에 관한 연구)

  • Yoon, H.Y.;Chang, D.H.
    • Journal of the Korean BIBLIA Society for library and Information Science
    • /
    • v.21 no.4
    • /
    • pp.107-122
    • /
    • 2010
  • A national library bears responsibility to collect, develop, manage and preserve the national knowledge resources and heritages. The institution, in order to accomplish this duty, should center on systematically developed collection development policy. This paper, in this regard, strives to propose a model to comprise of basic principles of collection development of a national library in order for the effective management of resources by the types and subjects. Major emphasis was put on the nature of a national library as a legal deposit library, an information gateway, and a repository for national information resources. As a result, a model collection development policy appropriate for a national library has been proposed by analyzing cases in other countries to guide establishing principles for determining and analyzing the types and magnitude of the collection acquisition; by applying the Five-level conspectus to be optimal to collection magnitude; and, by identifying the essential elements in systematic development of national knowledge/information resources.

Analysis and Implication of the Collection Development Policy of Public Libraries in Major Cities (대도시 공공도서관 장서개발정책 분석과 제언)

  • Yoon, Hee-Yoon;Kim, Jong-Ae;Oh, Seon-Kyung
    • Journal of the Korean Society for information Management
    • /
    • v.37 no.3
    • /
    • pp.51-75
    • /
    • 2020
  • All public libraries are collection-based knowledge and cultural service institutions. To this end, a collection development policy is an essential and a strategic menu that every library should establish first. Regional central libraries should establish and apply optimal collection development policies to conduct the legal duties as knowledge and information centers and cooperative preservation facilities of the cities and provinces. Thus, this study analyzed and compared in detail the collection development guidelines (draft) and regulations of regional central libraries in Korea and the collection development policies of metropolitan public libraries abroad. Results showed that the policies of domestic regional central libraries were simply practical guidelines while those in most developed countries were substantial in format and content. All regional central library systems should establish and document collection development policies based on the importance of collection development, future-oriented thinking, and strategic decision. The study also suggested the basic principles and the format for this purpose.

A Study on the Copyright Education using Mobile Web : Focusing on SNS (모바일 웹을 이용한 저작권 교육에 관한 연구 : SNS를 중심으로)

  • Lee, Myung-Suk;Pi, Su-Young
    • The Journal of Korean Association of Computer Education
    • /
    • v.17 no.4
    • /
    • pp.59-67
    • /
    • 2014
  • With the development of SNS, many different areas including education are utilizing SNS in various ways. And there are more and more learners and teachers who intend to use it for learning. Lately, however, the students using SNS environment hardly consider the issues regarding copyright, so this is raising even legal issues, too. Therefore, this study has examined the degree of recognition of undergraduates on copyright and extracted the general cases of copyright which undergraduates may face in the actual class or everyday life. The cases extracted are expressed in the rules of "If ~ Then", stored in the knowledge base of rules in the rule-based system, and realized as the mobile web. And regarding the copyright-related problems inputted by the students, similar rules are drawn from the knowledge base of rules so that they can solve copyright-related problems anytime, anywhere with the mobile web in a self-directed way.

  • PDF

A Study on the Economic Performance of the Textile Industry for Korean traditional Clothes (한북직물업체의 생산 및 유통구조에 관한 연구)

  • 조효숙
    • Journal of the Korean Society of Costume
    • /
    • v.34
    • /
    • pp.135-150
    • /
    • 1997
  • The purpose of this study was to inves-tigate the economic performance of the textile industry for the Korean traditional clothes. The content of this paper had two pars; The first part was for the macroeconomic aspects such as location production employments and the produc-tion facilities of the textile industries. The second part was for the microeconomic aspects such as business type branding method fabric type R&D efforts sourc-ing and the distributional channel The major results were as follows: 1.) Most textile firms for the korean traditional clothes were located in Gongju for man-made fibers and in Jinju for silk fabrics. 2) The size of the textile industry in terms of the number of business produc-tion amount the number of employee de-creased during 1994 and 1995 due to the decreasing demand. 3) Over the half of the textile firms produced raw fabric products while only 20% of them were involved in additional dyeing and /or printing finish which re-sulted in low value added production 4) The R&D effort of the textile indus-try for the Korean traditional clothes was very low due to the market uncertainty lack of technological knowledge and most of all small size of the firms 5) Most raw materials for the textile in -dustry were imported with high(25%) tariff rates resulting in price increase and thus low competitiveness in the market. 6) The textile producers sole about the 70% of their products to the wholesalers while selling the rest to the retailers di-rectly. This showed the dual structure of the distribution channel in the textile products. These results suggested some implica-tions for the firms the policy makers and the researchers. The firms should develop new and improved products to increase and create consumer demand by intensive R&D efforts. The government policy ma-kers should give financial supports the firms with R&D investment and legal help such as lowing tariff rate for the raw ma-terials. The researchers from the academy could help the textile industry with the advanced technological knowledge and up-date information for the consumer fashion demand.

  • PDF

The Legal Issues of Nagoya Protocol and Related Proposals for Korea (나고야 의정서의 법적 쟁점과 우리나라 입장에 관한 제언)

  • Jin, Mingzi;Son, Younghyun;Kim, Hyeyoung
    • Journal of Environmental Policy
    • /
    • v.13 no.4
    • /
    • pp.161-190
    • /
    • 2014
  • The Nagoya Protocol will enter into force on 12 October, 2014 during the period of UNCBD COP12 which will be held in Pyeongchang, Korea. In this circumstance, it is essential to analyze other countries' legislations and find various related issues. Based on that analysis, Korea can set its course for related policies and also improve its own legislations. EU and China were selected as comparison countries since EU is one of the leading countries trying to establish an international environmental law system and China is regarded as a model country representing LMMC (Like-Minded Mega-diverse Countries) in the world. Based on this study, it is highly recommended for Korea to assert the need for dispute resolution between private and government parties and also trilateral co-management of trans-boundary genetic resources and related traditional knowledge among Korea, China and Japan. In addition, Korea also needs to improve its legislation towards integrating the management and control of genetic resources.

  • PDF

Challenges of Accessibility to Information Resources by Prison Inmates

  • Emasealu, Helen Uzoezi
    • International Journal of Knowledge Content Development & Technology
    • /
    • v.8 no.2
    • /
    • pp.37-48
    • /
    • 2018
  • Prisons are mostly filled with social deviants and like other correctional institutions, deserve organized information (provision) centers such as library. A study on library resource needs and accessibility by prison inmates was conducted at Kuje prison, Abuja and Kaduna prison, Kaduna, Nigeria, both of which have functional libraries. A sample of 898 inmates was randomly selected from all the convicted inmates in the two prisons. A total of 106 inmates were selected from Kuje prison and 792 from Kaduna prison. A well-structured questionnaire was used to collect data from the inmates. All the 898 inmates responded. A total of 786 (87.9%) males and 112 (12.4%) females were involved in the study. With regards to the educational level attained by the inmates, 347 (38.6%) had Junior Secondary School Certificate while 323 (30.0%) had Senior School Certificate both accounting for 74.6% of the sampled population. In areas of information needs, 94.5%, 96.1%, 98.7%, 99.4%, 100%, and 100% of the respondents indicated that information on current affairs, survival and coping, educational support, legal aid, skill acquisition, and health, respectively were highly needed by the inmates. Out of the 12 information resources listed, only newspaper, novel, handbook and manual, and bulletin were readily accessible with percentage accessibility of 60.7, 7.8, 6.8, and 1.9, respectively. One major reason adduced by the respondents for limited access to information resources was the very strict rules and regulations in the prison. Providing more library resources and granting the inmates more access to the library would assist in character reformation and rehabilitation of the inmates.