• Title/Summary/Keyword: legal regulation

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Differentiation of Legal Rules and Individualization of Court Decisions in Criminal, Administrative and Civil Cases: Identification and Assessment Methods

  • Egor, Trofimov;Oleg, Metsker;Georgy, Kopanitsa
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.125-131
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    • 2022
  • The diversity and complexity of criminal, administrative and civil cases resolved by the courts makes it difficult to develop universal automated tools for the analysis and evaluation of justice. However, big data generated in the scope of justice gives hope that this problem will be resolved as soon as possible. The big data applying makes it possible to identify typical options for resolving cases, form detailed rules for the individualization of a court decision, and correlate these rules with an abstract provisions of law. This approach allows us to somewhat overcome the contradiction between the abstract and the concrete in law, to automate the analysis of justice and to model e-justice for scientific and practical purposes. The article presents the results of using dimension reduction, SHAP value, and p-value to identify, analyze and evaluate the individualization of justice and the differentiation of legal regulation. Processing and analysis of arrays of court decisions by computational methods make it possible to identify the typical views of courts on questions of fact and questions of law. This knowledge, obtained automatically, is promising for the scientific study of justice issues, the improvement of the prescriptions of the law and the probabilistic prediction of a court decision with a known set of facts.

The Improvement of Security Certification System for Smart Car (스마트 자동차 보안 인증제도 개선방안)

  • Soon Beom Kwon;Seon Yeong Choi;Hwan Soo Lee
    • Journal of Information Technology Services
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    • v.22 no.3
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    • pp.49-63
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    • 2023
  • The inclusion of software and wireless communication devices in vehicles has raised concerns regarding automobile security. In its response, UNECE WP.29 implemented the first-ever international standard for automotive cyber security in June 2020. Yet, the existing disparity between national standards for automotive certification systems and 「UN Regulation No. 155」 has caused confusion among auto makers. This discrepancy not only jeopardizes the security of domestic vehicles but also poses challenges to the seamless import and export of automobiles. Hence, there is a need to enhance the automotive cyber security certification system; however, there is a dearth of scholarly discourse on this topic. Consequently, this study presents a proposal for enhancing the domestic automotive cyber security certification system. In view of this, existing legal frameworks such as the 「Motor Vehicle Management Act」 and the 「Self-Driving Vehicle Act」 were reviewed, along with domestic and international automotive certification systems. The recommendations for improvement, derived from the findings, encompass institutional, legal, and operational aspects. This study is highly significant as it examines both domestic and international automotive certification systems in an area where there is a lack of academic discussion.

A Study on the Application of Domestic Aircraft Certification (국내 항공기 자격증명 적용에 관한 연구)

  • Min-Woo Park;Kyu Ho Cho;Yeon-Young Sung
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.32 no.1
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    • pp.10-18
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    • 2024
  • Domestic aviation law stipulates methods and matters for safe and efficient navigation in accordance with the International Civil Aviation Convention. Following the International Civil Aviation Convention is very important for aviation safety because it not only presents domestic standards but also ensures that the safety standards presented by ICAO are implemented. If the above criteria are not met, it is a very important regulation as well as domestic legal effect as other member countries can be directly or indirectly affected by intensive monitoring by ICAO even without direct legal sanctions. Domestic aviation safety management conducts safety management evaluation according to USOAP and is considered to have the highest implementation rate among countries that have received USOAP so far. In this paper, we would like to ways to improve by comparing and analyzing how domestic aircraft reflect the contents of Annex 1 based on ICAO Annex 1: Personnel Licensing among the annexes of the ICAO.

Investigation of Legal Regulation and Market Circumstances for Functional Dairy Products in Korea and Japan (일본과 한국의 기능성 유제품의 규격기준 및 시장현황에 관한 연구)

  • Bak, Da-Jeong;Lee, Dan-Won;Park, Jung-Min;Shin, Jin-Ho;Kim, Ji-Youn;Jeon, Sang-Rok;Song, Tae-Suk;Yoon, Sung-Sik;Kim, Jin-Man
    • Food Science of Animal Resources
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    • v.29 no.4
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    • pp.523-532
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    • 2009
  • Changing health awareness has had an important effect on the functional food industry and is creating greater market opportunities. Unfortunately, there is no statement on functional dairy products in the Processing of Livestock Products Act. As a result, there is confusion in the market and legal difficulties with regard to the advertising of functional dairy products. This study was carried out to improve the current standardization of functional dairy products by comparing the domestic Health/Functional Food Act with the Japanese Health Promotion Law, and by investigating scientific data and articles from various literature and the Internet. In Japan, the Ministry of Health, Labor, and Welfare (MHLW) officially presented the Food with Health Claims (FHC) system that consists of Food with Nutrient Function Claims (FNFC), and innovated Food for Specified Health Uses (FOSHU). In 2005, the FOSHU system was changed to include several new subsystems: Current, Standardized, Reduction of disease risk, and Qualified FOSHU. Finally, to manufacture FOSHU, scientific evidence pertaining to such products must be examined by MHLW. Since FNFC was allowed, only 12 vitamins, ${\beta}-carotene$, and five minerals were approved, though without scientific evidence of efficacy. The Korean Health/Functional Food Act requires that health/functional foods (HFFs) be marketed in measured doses. There are two types of HFFs: generic and product-specific. There are 67 ingredients listed in the act for generic HFFs, and if an HFF has a new active ingredient, it is considered a product-specific HFF. Product-specific HFFs must be approved by the Korean Food and Drug Administration (KFDA). With the present standards, it is impossible to label and advertise functional dairy products with health/functional claims. Government agencies must cooperate to solve this problem, and standardization should be carried out by considering existing health/functional products and claims/indications from other countries.

An outlook for Digital Signize (디지털 사이니지의 전망)

  • Park, Su-lim;Kim, Seong-ji;Joo, Yo-sub
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.05a
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    • pp.525-529
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    • 2015
  • Depending on the field of smart industry has become increasingly widespread, the digital signage industry as advertising and content industry is emerging. However, this industry is growing rapidly it is not the reason for that is lack of a legal definition or system. The current legal system merely existing laws that apply to the use of outdoor advertising such as advertising and outdoor advertising Electrical, according to a separate law on digital signage is still is not enough. Most of the current legal system between a size that it is put in the control object, its type, the installation location and details and locations of areas in accordance with the regulation member of the law which can reduce the effectiveness of such a business to control them collectively There is concern that the differences are caused by unification can be difficult. In reality, the institutions of the new law was necessary, organized under the existing regulation rather than promoting new laws to screen the effectiveness of the national business media industry through a kind of standardization and unification of the digital signage industry in the future creation of a jurisdiction other than safety administration Science It is important to foster.

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A Study on the Status of Market, Technology and Legal System of the UAV and its Useful Policies (무인항공기 시장·기술·법제도 실태분석 및 정책적 대응방안 연구)

  • Park, Cheol-Soon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.373-401
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    • 2015
  • The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

Improvement Devices of Urban Center′s Green Function of the Public Open Space Attached Building in Incheon, Korea (인천시 공개공지의 도심 녹지 기능 개선 방안)

  • Cho, Woo;Lee, Yong-Joo;Lee, Kyung-Jae
    • Korean Journal of Environment and Ecology
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    • v.17 no.3
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    • pp.258-267
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    • 2003
  • The purpose of this study is to present improvement devices of urban center's green function in the Public Open Space Attached Building(P.O.S.) in Incheon, Korea. Study sites were the P.O.S. of office building(10 place), transportation facility building(3 places), government office building(2 places) that were made up 1994∼2002 and analyzed establishment, using and planting status. And P.O.S.'s planting area structure of Osaka and Kawasaki in Japan that is operating P.O.S. system similar to Korea was compared with study sites of Incheon. P.O.S. of Incheon is not managing as valuable urban center's green and establishing to satisfy legal requirement. The strengthening devices of P.O.S. function are as follows. First, it is desirable that planting area rate of P.O.S. in order to develop small park in urban center is increasing by 40% that is children's park level. Second, it must be conferred about planting basis, tree selection and planting method etc. of P.O.S. with green and park development department at building authorization. Third, by the 'landscape planting standard of plottage' that is becoming planting standard of P.O.S is heightened and must increase quality and amount of green. Fourth, it is required mandatory establishing of sign so that citizens can search easily and utilize of P.O.S. Fifth, legal regulation should be decided to prevent that P.O.S. is used unlike purpose originally.

A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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Management Factors Associated with Health and Safety Education in Korean Manufacturing Companies (산업장 안전보건교육 관리요인)

  • Lee Myung-Sun;Lee Gwan-Hyung;Park Kyoung-Ok
    • Korean Journal of Health Education and Promotion
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    • v.23 no.2
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    • pp.121-140
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    • 2006
  • Objectives: Safety is a primary health promotion issue in worksite because injury induces multi-fold loss of the human and economic resources to profit organization. The purposes of this study were to describe worksite health and safety education and management status in Korean manufacturing companies. Methods: The original population size of Korean manufacturing industry in 2004 was 74,398 and 2,960 factories were selected by the multiple stratified sampling method for this study. The health and safety manager or representatives of the selected 2,960 companies successfully finished in the face-to-face interview survey about company's general characteristics, health and safety management style, health and safety education hours conducted by the Korean Occupational Safety and Health Agency. Results: The manufacturing companies in Seoul and Kyunggi areas, small size, and clothes and press industries were related to low health and safety management and education status. The companies which assigned at least one safety manager were 70.5% and which had a health and safety room within the company were only 9.3%. The companies which took the health and safety education for their regular blue-collar employees more than the legal education hours were under 56.1% and the percentage of the companies which took their health and safety education for newcomers less than the legal limits was lower than any other types of health and safety education in workplace. The significant strong workplace health and safety management variables in predicting employee health and safety education were psycho-social variables such as the company own health and safety regulation and the workplace health and safety management committee organization. rather than physical variables such as health manager employment, safety manager employment. Conclusions: Systematic and legal approaches are effective to encourage workplace health and safety education, specifically, through sustaining health and safety managers and building the company-wide health and safety management system. Furthermore, theses approaches should primarily focus on the small companies of which sizes were under 50.