• 항공우주정책ㆍ법학회지
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• 제9권
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• pp.445-488
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• 1997

In the forthcoming 21st century new technical and scientific developments in outer space demands new approaches towards the problems arising in several fields of the use and exploitation of outer space including practical applications. The main purposes of this study are to analyze the legal problems of geostationary orbital position, telecommunication, direct television broadcasting by uses of artificial satellites. Communication via artificial Earth satellites was one of the first applications of space technology and is now one of the most developed field. From the technical and economic standpoints the advantages of world-wide satellites communication system are too all obvious. However, as the practical uses of space technology become more freguent, the legal conflicts among nations have become more divisive. One of the problem grown in uses of artificial satellites is that of the increasing shortage of suitable orbital slot positions for satellites, especially in geostationary orbit. Legal status of geostationary orbit as a limited resourece have to be reviewed in consideration of the side effect of the "First use, first-served" principle. The geostationary orbit is to be used for the benifits of all mankind and to be guaranteed for each state institutionaly in order to have eguitable access to the use of the orbit. Rapid increase of satellites broadcasting system in not only developed countries but also in developing countries opened up new possibilities with one another's scientific and cultural achievements. But there is also a potential danger that this powerful new instrument of influencing public opinion will be abused. Such a danger incudes spill-over or harmful interference. This controversial issue brings about the question whether prior consent from the receiver nation is needed to broadcast across international boundaries. Some states have rejected prior consent because it interfere with the free flow of information. Many other countries have opposed that opinion as an invasion and violation of sovereignty and as a violation of the 1967 Treaty and the UN Charter. Since declaration of the First Year of Outer Space in 1985, our country have promoted the plan of launching communication and broadcasting satellites. With the Koreasat launched in 1995 as the start, a real satellite-telecommunication era was opened in korea. According to this new development of our country, there will also rise various legal problems related to satellite broadcasting and telecommunication such as the inflow of foreign programs, the permeation of culture and the infringement of program copyright. Consequently the effective reactions to these problems in satellite-communication era should be tried including international cooperation. It is therefore to take into careful consideration the legal issues which may arise in outer space activities and to formulate positive policy on international cooperation with surrounding or advanced countries and international organization concerned. For this purpose the United Nations also prepares the UNISPACE III in 1999, to enable the international community to meet a more promising 21st century.

• 항공우주정책ㆍ법학회지
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• 제22권1호
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• 항공우주정책ㆍ법학회지
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• 제15권
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• pp.40-66
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• 2002

The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

• 한국인터넷방송통신학회논문지
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• 제18권1호
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• pp.185-194
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• 2018

본 연구는 블록체인 기반 서비스의 확산을 위한 방안 연구로서 블록체인 기술에 대한 한계요인과 이를 개선하는 방안에 대해 전문가의 의견을 수렴하는 델파이 기법으로 연구하였다. 한계요인과 개선방안을 기술, 서비스, 법 제도 측면으로 분류하였다. 첫째, 기술측면에서 기술 관련 표준화 부재, 통합성 미비, 확장성 미비, 취소, 정정 정책 부재, 거래 검증비용 과다발생, 보안미비를 한계요인으로 제시했다. 이를 개선하기 위해 각 관련 기관이 협력하여 표준화 확보, 시스템의 통합성 확보 및 확장성 확보, 각 적용되는 데이터에 대한 취소, 정정 정책 수립, 검증비용 효율화와 보안 대비 방안으로 모색하여야 한다. 둘째, 서비스 측면에서 한계요인은 초기단계로 활용성 미비, 보안위협 대응 미비, 전문 인력 부족을 제시하였다. 이에 대한 개선방안으로 다양한 서비스에 적용할 수 있는 지속적인 활용방안에 대한 연구가 이루어져야 하며 서비스에 대한 철저한 보안대응 방안을 준비하고 전문 인력 양성을 통해 시장에서 필요로 하는 인재를 확보할 수 있어야 한다. 셋째, 법제도 측면은 법적대응 미비, 규제의 불확실성 및 관련 규정미비의 한계점이 있다. 서비스 활성화를 위한 가장 중요한 영역인 법 제도는 정부의 관련 부처에서 법적대응 안 마련, 규제의 명확성 및 대응 방안 수립이 필수적으로 동반되어야 한다. 본 연구는 블록체인 기술 관련 연구에 도움이 될 것으로 기대된다.

• 아동학회지
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• 제20권1호
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• pp.177-197
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• 1999

The purpose of this study was to provide the basis for establishing policies and recommendations to the legal system to ensure children's safety related to playground equipment and toys. The present legal system, including national inspections and safety requirements were reviewed both in Korea and other advanced countries. Several issues were found related to accident prevention and improvement of playground and toy safety in Korea. Recommendations were made for the development of educational safety programs for children, parents, teachers, consumers, industry, administrators, and policy makers.

• 한국디지털정책학회:학술대회논문집
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• 한국디지털정책학회 2004년도 International Conference on Digital Policy & Management
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• pp.311-331
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• 2004

This paper addresses the democracy-oriented regulatory and legal requirements that e-democracy impacts. It demonstrates that the structure of the political system also plays a significant role in the decision to develop an e-voting application. The short term perspective of the questions put before the electorate obliterate the long term perspective in which many policy problems have to be seen. A well-designed e-voting system should produce an audit trail that is even stronger than that of conventional systems (including paper-based systems). Remote Internet voting systems pose significant risk to the integrity of the voting process, and should not be fielded for use in public elections until substantial technical and social science issues are addressed. Conclusively the paper focuses on the specific attributes an electronic voting (polling place) system should respect and ensure such as transparency, verifiability, accountability, security and accuracy in relation to the constitutional requirements such as General, Free. Equal, Secret, Direct and Democratic.

• STI Policy Review
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• 제8권1호
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• pp.87-112
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• 2017

This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

• KDI Journal of Economic Policy
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• 제44권3호
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• pp.1-26
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• 2022

This paper analyzes the effects of the cut in the legal maximum interest rate (from 27.4% to 24%) that occurred in February of 2018 on loan interest rates, the default rates, and the loan approval rate of borrowers in the non-banking sector. We use the difference-in-difference identification strategy to estimate the effect of the cut in the legal maximum interest rate using micro-level data from a major credit-rating company. The legal maximum rate cut significantly lowers the loan interest rate and default rate of low-credit borrowers (i.e., high-credit-risk borrowers) in the non-banking sector. However, this effect is limited to borrowers who have not been excluded from the market despite the legal maximum interest rate cut. The loan approval rate of low-credit borrowers decreased significantly after the legal maximum interest rate cut. Meanwhile, the loan approval rate of high-credit and medium-credit (i.e., low credit risk and medium credit risk) borrowers increased. This implies that financial institutions in the non-banking sector should reduce the loan supply to low-credit borrowers who are no longer profitable while increasing the loan supply to high- and medium-credit borrowers.

• 한국문헌정보학회지
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• 제57권4호
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• pp.233-262
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• 2023

도서관 분야 정책과제를 해결하기 위해서 실효성 있는 법규범은 중요하다. 이 연구는 2021년 12월 7일 전면 개정되어 2022년 12월 8일부터 시행 중인 도서관법(법률 제18547호)의 구성체계와 주요 개정 내용을 분석하여 규범적 타당성과 실효성을 살펴보는 것을 목적으로 한다. 이를 위해 정책입법의 관점에서 도서관법을 살펴보고자 하였다. 도서관법이 기본법으로서 규범적 타당성을 갖추고, 도서관의 사회적 가치를 높이고 질적 향상을 이끄는 주요한 토대로서 정책과제 해결에 기여할 수 있을지를 실효성 측면에서 살펴보았다. 분석결과, 목적과 기본이념의 내용 보완, 국가 및 지방자치단체 책무 구체화, 도서관 정책체계 개선, 국가도서관위원회 실질적 영향력 강화를 위해 필요한 내용을 제안하였다.

• 농업과학연구
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• 제46권4호
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• pp.755-768
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• 2019

The forestry development policies and projects in Korea have been implemented under various related acts. These acts include the Framework Act on the National Land and Framework Act on Forestry enacted by each administration. However, there are some limitations to encourage a variety of mountain villages and forestry development policies due to duplication and overlap between the relevant acts. Nowadays, the fields of local development have evolved and become integrated not only by infrastructures but also in various fields such as multi-functional industries including tourism, green care, cultural welfare, etc. Therefore, the current legal system may not effectively accept and support various mountain village development policies and projects. This study tried to determine the necessity of reorganizing th-e related legal system through a field survey of planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to determine the problems of the current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows: 1) correlation analysis between relevant laws and development projects and 2) field survey to determine the legitimacy and validity for the reorganization of the legal system.