• 제목/요약/키워드: legal knowledge

검색결과 308건 처리시간 0.023초

Guidelines by World Commission on Dams as seen from Japanese Dam Projects in the Past

  • Nakayama, Mikiyasu;Fujikura, Ryo;Mori, Katsuhiko
    • 한국수자원학회:학술대회논문집
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    • 한국수자원학회 2003년도 학술발표회논문집(1)
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    • pp.219-225
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    • 2003
  • The World Commission on Dams (WCD) in November 2000 published "Dams and Development" as its only and final report. The report proposed "internationally acceptable criteria and standards" Despite the (act that the WCD itself did not regard the report as a blue print, many NGO's strongly support the report and the guidelines, and demand that they be adopted in their current form by funding organizations. The WCD recommendations and guidelines were found to have several "generic" problems, and the proposed guidelines appear unable to be applied as they stand. The authors assume that only several of these guidelines are operational and many of these are either too experimental or theoretical to be put into use. Furthermore, some seemingly "ready for operation" guidelines still need to be enhanced to be really operational in the real world. About 2,000 large dams were constructed in Japan after the Second World War. Various principles and mechanisms were then developed to better address the issues related to involuntary resettlement. The knowledge accumulated through large dam construction projects in Japan may be applied to other countries. The aim of this paper is to identify the lessons, out of the experiences gained in Japan through large dam construction projects in the past, which could be applicable for future large dam construction projects in other nations. The socio-economic settings as well as legal frameworks in Japan may differ other nation. Nevertheless, the following aspects of the experiences gained in Japan are found to be both applicable and useful for future large dam construction projects abroad: (a) Integrity of community in the negotiation process, (b) Provision of alternative occupations, (c) Funding mechanism in the post-project period, (d) Measures needed during planning process, and (e) Making resettlers "shareholders". These lessons may prove useful to enhance the WCD guidelines.

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중국중재제도의 국제표준화에 대한 연구 (A Study for International Standardization of China Arbitration System)

  • 김석철
    • 한국중재학회지:중재연구
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    • 제18권3호
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    • pp.117-138
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    • 2008
  • This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

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국내 전문계 고등학교 정보교사의 웹 접근성 교육에 대한 인식 분석 (Analysis of Perception on the Web Accessibility Education for Information Teachers of Vocational High Schools)

  • 강영무;홍순구;박성제;이현미
    • 컴퓨터교육학회논문지
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    • 제13권5호
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    • pp.39-49
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    • 2010
  • 웹 사이트의 접근성 준수가 법적으로 의무화됨에 따라 웹 접근성의 중요성이 증가하고 있으나 웹 교육을 담당하고 있는 국내 전문계 고등학교에서의 웹 접근성 교육은 전혀 이루어지지 않고 있다. 본 연구에서는 웹 접근성 전문 인력 양성을 위해 국내 전문계 고등학교 웹 교육현황을 살펴보고, 전문계 고등학교에서 재직하고 있는 정보교사들의 웹 접근성에 대한 인식정도를 분석하여 향후 웹 접근성 교육의 가능성을 탐색해보고자 한다. 이를 위해 먼저 국내외 웹 접근성 교육과정을 살펴본 후 국내 97개교의 전문계 고등학교 정보교사들을 대상으로 웹 접근성 교육의향에 대한 설문조사를 실시하였다. 조사결과 정보교사들은 웹 접근성에 대해 단순한 개념적 인식은 어느 정도 하고 있었으나 현재 교육여건과 전문지식의 부재 등으로 웹 접근성 교육의 실시를 꺼려하고 있는 것으로 나타났다. 본 논문은 향후 전문계 고등학교의 웹 및 웹 접근성 교육과정 개발의 기초자료로 활용 가능하다.

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서해연안 접경지역 현황 및 남북한 협력관리 방안 (Cooperative Management Framework for the Transboundary Coastal Area in the Western Part of Korean Peninsula)

  • 남정호;강대석
    • 환경정책연구
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    • 제3권2호
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    • pp.1-29
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    • 2004
  • As a result of very limited access due to the military confrontation between South and North Koreas for the last five decades, ecosystems in the transboundary coastal area in the western part of Korean Peninsula have been protected from intensive developments in both Koreas. In the core of the recent two military collisions lies the fishery resources represented as blue crabs as well as the politico-military aspect. Increasing development pressures from both sides as reflected in the South Korea supporting the construction of an industrial complex in Kaesung, North Korea, is the main factor which threatens the sustainable resource base in this region. This research is aimed to develop a cooperative management system for the well-preserved transboundary coastal area between South Korea and North Korea. The Pressure-State-Response (PSR) framework of OECD was used to assess environmental conditions, socioeconomic pressures on the environment of the region, and policy responses of both Koreas to those pressures. Protection of ecosystems, peace settlement, and prosperity of the region and the entire peninsula were proposed as the management goals of the cooperative management system. The designation of the area as a Co-managed Marine Protected Area System (COMPAS) through close cooperation among South Korea, North Korea, and international entities was suggested as a way to achieve those goals. Revision of legal and institutional mechanisms, strengthening knowledge base for optimal COMPAS management, integration of the marine protected area and DMZ (demilitarized zone) ecosystem, enhancing stakeholder participation, building international partnership, and securing financial resources were presented as six management strategies.

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전자상거래에 있어 개인정보 보호에 관한 국.내외의 비교연구 (Protection of Private information in Electronic Commerce)

  • 정종수
    • 통상정보연구
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    • 제4권2호
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    • pp.77-96
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    • 2002
  • 지난 2001년 11월 도하에서 DDA(뉴라운드)가 출범하여 서비스 분야가 국제 교역의 범주에 들었다. 이렇게 급변하는 세계질서에 전자상거래도 예외가 아니다. 흔히 21C는 세계화, 지식화, 정보화 시대로서 효율적이고 경쟁력 있는 전략을 세우기 위해서는 NETWORK, OPEN, FU-PLEX(융복합화)가 필수적이다. 때문에 이를 뒷받침할 수 있는 신경망인 초고속인터넷망의 구축이 필연적으로 요구되어 우리정부도 이 분야를 집중 육성하여 2002년 11월 l일 현재 l천만의 가입자를 갖는 세계 l위의 인터넷 강국으로 성장하였다. 하지만, 이에 따른 역기능으로 전자상거래를 포함한 사이버거래에 있어 발생하는 개인정보와 관련된 문제들이 급격히 대두되고 있어 상당한 사회문제가 되고 있기 때문에 이에 대한 대책의 강구가 지속적으로 필요한 것이 현실이다. 따라서, 개인정보보호에 있어 상당한 수준을 갖추었다고 알려져 있는 독일과 미국의 사례를 연구하여 법적인 대안과 전자기술적인 대안을 마련하고, 이외에 개인정보 보호에 대한 사회적 인식을 확대하여 개인정보보호를 강화해야만 할 것이다.

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침구의료행위의 의미에 관한 법학적 고찰: 판례분석 중심의 접근 (A Study on the Legal Aspect of Concept for the Acupuncture and Moxibustion in Traditional Korean Medical Practice: based on Judicial Precedent)

  • 이미선;김건형;김재규;이병렬;양기영
    • Journal of Acupuncture Research
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    • 제28권5호
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    • pp.19-27
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    • 2011
  • Objectives : The purpose of this study is to describe the concept of the acupuncture and moxibustion in traditional Korean medical practice and to identify the meaning and potential rearrangement of the acupuncture and moxibustion. Methods : The study was performed by analyzing 136 cases of lawsuit in the year between 1968 and 2010 which were selected among the acupuncture and moxibustion in traditional Korean medical practice. Results : According to court rulings, the acupuncture and moxibustion in traditional Korean medical practice is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care in traditional Korean medicine, to have some factor to create or increase danger to preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. But, such definition is not proper and exceedingly vague. Besides medical circumstances in traditional Korean medicine are changing, the enlargement of definition of the acupuncture and moxibustion is required. Conclusions : The meaning and scope of the acupuncture and moxibustion in traditional Korean medical practice should be modified and amended, reflecting these conditions.

CISG적용 국제물품매매에서 국내 강행법분쟁에 관한 연구 - 물품불일치 분쟁사건 판례를 중심으로 - (Disputes on the Application of National Compulsory Law in International Sale of Goods under CISG - with a special reference to Case Law for Non-compliance -)

  • 한재필
    • 한국중재학회지:중재연구
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    • 제19권1호
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    • pp.147-169
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    • 2009
  • This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

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우리나라와 캐나다 약사면허 국가시험제도 비교 (Comparison of Pharmacist License Examination between Korea and Canada)

  • 강민구
    • 한국임상약학회지
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    • 제25권1호
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    • pp.1-8
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    • 2015
  • A newly-structured Korean pharmacist license exam has been launched in 2015, reflecting upon the changes in the pharmacy curriculum from a 4 year program to a 6 year program in 2009. In order to provide new ideas to ensure that the new exam is one of the most effective pharmacist evaluations that have taken place thus far, this study was done to compare the pharmacy exams in Korea and Canada. One of the major differences noted between the two countries' exams is that along with paper based MCQ portion of the exam, Canada's exam also includes a performance-based section, known as OSCE, which the Korean Pharmacy Exam (KPE) does not have. Furthermore, with the MCQ portion of the exam, the Canadian exam asks about 300 questions, with 450 minutes of test time allocated and taken during a period of two consecutive days, the KPE asks 350 questions, with 325 minutes of test time allocated in one day. Although, similarly, many of the questions in both exams place emphasis on clinical or patient care, Canada's exam puts significantly more emphasis (50.5% of exam questions) on these types of questions than Korea (29.7% of exam questions). However, this percentage does not reflect the exact weight placed for the specific areas of knowledge it requires to answer these questions, since the types of questions asked in this section in Canada could be placed in another section on the KPE. Canada's exam also has more questions (10% +150 questions for BC) on the topics of law and ethics compared to the KPE (5.7%). The reason for this may be that the Canadian society puts emphasis on the legal and ethical duties of pharmacists as a leader. However, since each country is unique in their social, economical, and cultural points of view, comparing the KPE to the Canadian licensing exam and applying these differences to the new KPE may not be appropriate. One last thing to consider is that, as WHO/FIP mentioned, in good pharmacy practice, continually updating and developing an appropriate pharmacy exam with consideration of societal changes, is key to success in developing the scope of practice for current and future pharmacists.

삼목 게임에서 최상의 첫 수를 구하기 위해 적용된 신뢰상한트리 알고리즘 (The UCT algorithm applied to find the best first move in the game of Tic-Tac-Toe)

  • 이병두;박동수;최영욱
    • 한국게임학회 논문지
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    • 제15권5호
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    • pp.109-118
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    • 2015
  • 고대 중국에서 기원된 바둑은 인공지능 분야에서 가장 어려운 도전 중의 하나로 간주된다. 지난 수년에 걸쳐 MCTS를 기반으로 하는 정상급 컴퓨터바둑 프로그램이 놀랍게도 접바둑에서 프로기사를 물리쳤다. MCTS는 게임이 끝날 때까지 일련의 무작위 유효착수를 시뮬레이션 하는 접근법이며, 기존의 지식기반 접근법을 대체했다. 저자는 MCTS의 변형인 UCT 알고리즘을 삼목 게임에 적용하여 최선의 첫 수를 찾고자 했으며, 순수 MCTS의 결과와 비교를 했다. 아울러 UCB 이해를 위한 다중슬롯머신 문제를 풀기 위해 엡실론-탐욕 알고리즘과 UCB 알고리즘을 소개 및 성능을 비교하였다.

유전의료시대의 "맞춤의학" (Challenge of Personalized Medicine in the Genomic Era)

  • 김현주
    • Journal of Genetic Medicine
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    • 제5권2호
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    • pp.89-93
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    • 2008
  • "Personalized medicine," the goal of which is to provide better clinical care by applying patient's own genomic information to their health care is a global challenge for the $21^{st}$ century "genomic era." This is especially true in Korea, where provisions for clinical genetic services are inadequate for the existing demand, let alone future demands. Genomics-based knowledge and tools make it possible to approach each patient as a unique biological individual, which has led to a paradigm-shift in medical practice, giving it more of a predictive focus as compared with current treatment oriented approach. With recent advancements in genomics, many genetic tests, such as susceptibility genetic tests, have been developed for both rare single gene diseases and more common multifactorial diseases. Indeed, genetic tests for presymtomatic individuals and genetic tests for drug response have become widely available, and personalized medicine will face the challenge of assisting patients who use such tests to make appropriate and wise use of genetic risk assessment. A major challenge of genomic medicine lies in understanding and communicating disease risk in order to facilitate and support patients and their families in making informed decisions. Establishment of a health care system with provisions for genetic counseling as an integral part of health care service, in addition to genomic literacy of health care providers, is vital to meet this growing challenge. Realization of the promise of personalized medicine in the era of genomics for improvement of health care is dependent on further development of next generation sequencing technology and affordable sequencing test costs. Also necessary will be policy development concerning the ethical, legal and social issues of genomic medicine and an educated and ready medical community with clinical practice guidelines for genetic counseling and genetic testing.

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