• Title/Summary/Keyword: legal policy

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Virtual currency and confiscation

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.5
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

Ontology-based models of legal knowledge

  • Sagri, Maria-Teresa;Tiscornia, Daniela
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.111-127
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    • 2004
  • In this paper we describe an application of the lexical resource JurWordNet and of the Core Legal Ontology as a descriptive vocabulary for modeling legal domains. It can be viewed as the semantic component of a global standardisation framework for digital governments. A content description model provides a repository of structured knowledge aimed at supporting the semantic interoperability between sectors of Public Administration and the communication processes towards citizen. Specific conceptual models built from this base will act as a cognitive interface able to cope with specific digital government issues and to improve the interaction between citizen and Public Bodies. As a Case study, the representation of the click-on licences for re-using Public Sector Information is presented.

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Analysis of Policy Priorities for Training Agro-healing Experts Using the AHP Method (치유농업 전문가 양성을 위한 정책 우선순위 분석)

  • Hong, Ji-Young;Lee, Byung-Oh
    • Journal of Agricultural Extension & Community Development
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    • v.23 no.4
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    • pp.419-429
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    • 2016
  • This study focuses on the policy priorities for training agro-healing experts. Training agro-healing experts is an important task that should boost local community in rural areas. In order to make an efficient decision making, the study analyses priority of relevant policies using the AHP(Analytic Hierarchy Process) method. According to the results, R&D comes out first. Human Resource Development(HRD), financial support, and the construction of legal system comes after R&D. In R&D, qualifications and guidelines for participants comes out the most significant issue. In the aspect of HRD, it is very important to develop and utilize regional personnel such as unemployed youth and retirees from related fields. As for financial support, funding for educational facilities (i.e. classrooms and farmland for practice) is needed. In case of legal system, it is desirable to introduce the recruiting experts system and qualification system certified by government.

Patent Scope - Legal and Economic Foundations with Policy Implications - (특허범위 - 법적.경제적 이론과 정책적 함의 -)

  • 한윤환;유평일
    • Journal of Technology Innovation
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    • v.7 no.1
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    • pp.187-205
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    • 1999
  • Traditional analyses of patent system have considered innovations in isolation and precluded the technological interrelationships between innovations. Common feature of cumulativeness during the process of technological change, however, brings the scope of patent protection into the major policy concern and currently occupies the central position in recent patent reform controversy. This study surveys the recent developments in the economic analysis of patent scope with corresponding introduction to the legal perspectives regarding patent scope. Although the issue of patent scope is complex in nature and depends crucially upon technological environment and the nature of innovations, this study can enlarge the understanding of the pros and cons of patent scope policy, which will become increasingly disputable in the forth-coming era of specialized patent court in Korea.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.169-188
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    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Legal Protection Of Geographic Indications Of Traditional Food "Tahu Kuning Kediri" Jawa Timur, Indonesia

  • WAHYUNI, Niniek;WIDAYATI, Satriyani Cahyo
    • Asian Journal of Business Environment
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    • v.11 no.2
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    • pp.39-46
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    • 2021
  • Purpose: The purpose of this study was to determine the opportunity for the traditional food of Tahu Kuning Kediri (Kediri Yellow Tofu) as a product that deserves legal protection in the form of geographic indications. Methodology: This research is a normative juridical study that emphasizes secondary data from literary studies. The research subjects are policies and regulations related to geographic indications. Findings: Based on the description above, it can be concluded that the traditional food of 'Tahu Kuning Kediri' meets the requirements for legal protection in the form of a geographical indicator because it fulfills four conditions, namely a sign indicating its origin, GI objects in the form of goods and/or products, geographical factors and certain characteristics of goods and/or products that are different from other traditional regional yellow tofu food. Conclusions: The process of applying for legal protection in the form of geographic indications can be carried out by the association of MSMEs of 'Tahu Kuning Kediri' producers who are already legal in collaboration with the local government and submit to the Ministry of Law and Human Rights by attaching the proposed Geographical Indication book.

Legal Regulation Of Insurance In Tourism

  • Andrusiv, Uliana;Skrypnyk, Volodymyr;Zihunova, Inna;Klochko, Oleksii;Khutkyy, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.189-192
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    • 2021
  • The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.

Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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A Review of a Bill on the Ocean-Based Climate Solution Act (OBCSA) in the U.S and Implications for the Ocean Climate Change-Related Legal System in Korea (미국 해양기반기후해법 법안(Ocean Based Climate Solution Act, OBCSA)의 검토와 국내 해양기후변화 법제에 대한 시사점)

  • Sora Yun;Moonsuk Lee
    • Ocean and Polar Research
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    • v.45 no.2
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    • pp.71-87
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    • 2023
  • Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.