• Title/Summary/Keyword: legal regulation

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Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

The Role and Function of the Managing Agency of Presidential Records (대통령기록 관리기구의 기능과 역할)

  • Kwak, Geon-Hong
    • The Korean Journal of Archival Studies
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    • no.4
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    • pp.3-30
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    • 2001
  • It is clearly stated in the current records law that presidential records should be collected and kept. Despite of the significance of this regulation it is also undeniable that there must be some preconditions for the enactment of this legal regulations. First, it needs the compatible device for promoting the production of presidential records. Second, it must be considered that presidential records should be selected and transferred from the Committee for taking over presidency. And last, we are confronted by the problem of establishing presidential archives. After all, from the starting point we should overcome a number of serious problems for the administration of the presidential records. In this article I tried to discuss these problems and to make some suggestions for the solution of these problems. In my opinion, revision of the records law is in some points necessary. Basic principle of management of presidential records must be discussed for the revision and enactment of 'presidential archives and presidential records law'. Just several problems concerning managing agency of presidential records are pointed out here. Presidential records have important historical values. The government must be responsible for the preservation and sound management of them. The citizenship also must support the reform of the records management. It means an open and public discussion on the reform of national records management system.

Legal System and Regulation Analysis by S/W Development Security (주차시설 현황 조사를 통한 주차 회전율 파악)

  • Shin, Seong-Yoon;Jin, Dong-Soo;Shin, Kwong-Seong;Lee, Hyun-Chang
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2014.10a
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    • pp.227-228
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    • 2014
  • In this paper, a license plate investigation which is one of parking usage is performed. We survey research that should be given time interval using the camera without the observer. We assigned the investigation time interval to each of to each of the parking car, average parking duration is determined. Parking turnover, the number of vehicles of parking per hour per parking surface, is examined.

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Legal System and Regulation Analysis by S/W Development Security (승강기 내에서 폭행의 추출)

  • Shin, Seong-Yoon;Jin, Dong-Soo;Shin, Kwong-Seong;Lee, Hyun-Chang
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2014.10a
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    • pp.205-207
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    • 2014
  • This paper uses $Color-x^2$ histogram that is composed of merits of color histogram and ones of histogram, in order to efficiently extract violent scenes in elevator. Also, we use a threshold so as to find out key frame, by use of existing $Color-x^2$ histogram. To increase the probability that discerns whether a real violent scene or not, we take advantage of statistical judgments with 20 sample visual images.

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Legal System and Regulation Analysis by S/W Development Security (S/W 개발 보안에 따른 법 제도 및 규정 분석)

  • Shin, Seong-Yoon;Jin, Dong-Soo;Shin, Kwong-Seong;Lee, Hyun-Chang;Lee, Yang-Won
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2014.10a
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    • pp.201-202
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    • 2014
  • In this paper, we research on domestic or international hacking cases that could damage us mentally or financially. Seventy five percent of Web-site attacks abuses weak points of application programs, or software. We also research on major issues related to software development security with these demerits.

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Information Sovereignty as the Basis of Modern State Information Security

  • Zozulia, Oleksandr;Zozulia, Ihor;Brusakova, Oksana;Kholod, Yurii;Berezhna, Yevheniia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.264-268
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    • 2021
  • In the context of globalization of information processes, the prevalence of information wars and terrorism, there are new threats to national interests in the information sphere, which actualizes providing the information sovereignty of modern states. Therefore, the purpose of the article is an in-depth analysis of the features and content of information sovereignty as a component of state sovereignty, its relationship with freedom of information and information security, as well as a characterization of the bases and directions of providing information sovereignty. The information sovereignty of the modern state includes its activities to determine national interests in the information sphere, the formation and implementation of information policy, providing information security, regulation and control of information processes. The realization of information sovereignty should be based on real freedom of information, information privacy and the state obligation to provide them. Ensuring information sovereignty also requires solving the problems of formation of modern information legislation, which would comprehensively establish the bases and directions of providing information sovereignty, exceptional cases of restriction of freedom of information.

A Study on the Plans for Activating Parallel Importation (병행수입 활성화 방안에 관한 연구)

  • Kang, Heuong-Jung;Wee, Sang-Woo
    • Korea Trade Review
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    • v.42 no.6
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    • pp.27-50
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    • 2017
  • This study is to present practical plan to stimulate Parallel Import Policies, Which is one of the government policies to drop import prices of imported goods. Although, preliminary studies focused on legal aspects related to Intellectual Property Right, from the perspective of trade, we conducted a study on economic aspects through parallel import, consumer welfare, etc. For this study, the parallel import system of the United States and Japan was compared with Korea and the domestic parallel import market status was analyzed by comparing market price. According to the study, the current parallel import system lacked the limits of government regulation and distribution market structure. It proposed practical plans such as political suggestions and changes in distribution structure. This study is meaningful in analyzing the problem of parallel imports that currently occur in the Korea market based on data concerning parallel imports in practical terms

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Critical Factors Causing Delay on State-Funded Construction Projects in Vietnam

  • Luu, Van Truong;Kim, Soo-Yong;Pham, Nguyen-The-Thanh;Nguyen, Thanh-Long;Nguyen, Tuan-Kiet
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.104-108
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    • 2015
  • Delay on State-Funded Construction Projects (SFCPs) in Dong Thap - a province in Mekong Delta of Vietnam, as many provinces of Vietnam, have caused budget overrun through many recent years. The budget-overrun situations, in turn, have deepened the delay. Identifying critical factors affecting delay SFCPs plays a key role to mitigate negative impact of delay. 134/160 questionnaires were collected from personals working for project owners, consultants, supervisors and contractors in Dong Thap Province. Convenient sampling method was used. EFA was resulted in critical 04 factors with 20 variables caused delay in SFCPs, including: "Project technic, contractor's financial capacity and adjustment role of the government", "Regulation and Policy", "Mutual benefit support and concern between the government and residents", and "Disadvantage of construction site and weather season". Reliable measures to reduce delay on SFCPs are discussed to establish legal corridors to strictly controlling the process, consider mutual benefit between the government and its residents, and evaluating construction conditions. Those measures are considered could be applied in not only Dong Thap province, but most provinces of Vietnam as well.

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Significance and Challenges of the 4th Full Revision of the Fisheries Act (제4차 「수산업법」 전부개정의 의의와 과제)

  • Yong-Min Shin; Gyeo-Woon Jeong
    • The Journal of Fisheries Business Administration
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    • v.54 no.4
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    • pp.1-18
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    • 2023
  • This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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