• Journal of Legislation Research
• /
• no.41
• /
• pp.171-200
• /
• 2011

Protection of vulnerable people in our country today, "the National Basic Livelihood Security Act," is primarily responsible. But current law income and wealth, and by a person responsible for supporting consider only the absolute protection of the poor, and because it is insufficient for the protection of vulnerable people. Specifically, current law does not mean the relative poverty of vulnerable people is limited to the protection of economic demand. It also incorporates the payment of salaries paid individual because the people most vulnerable to social protection is insufficient demand. Dependent regulation is too strict and a person responsible for supporting do not receive legal protection by forming a dead zone is a major cause. In this study, the development direction for the protection of vulnerable people suggests. The first, "National Basic Livelihood Security Act" award in determining the minimum cost of living is relatively proposed to introduce the concept of poverty. Second, payment of the consolidation benefit and the individual benefit to adopt a intermix approach, the social needs of vulnerable people to adapt to that proposed. Third, a person responsible for supporting dependent criteria and whether according to the actual supporting to be judged.

• Journal of Digital Convergence
• /
• v.16 no.11
• /
• pp.115-122
• /
• 2018

More than 70% of the electric fire cases happen in this country are caused by arc. This paper aims to prepare measures of preventing electric fires resulted from arc by analyzing the technical standards and related regulations on the existing circuit breaker. Based on the study, we concluded that the technical and legal standards of the arc detector should be separately regulated from those of existing circuit breaker, considering the characteristics of arc detectors. Accordingly, we suggested in this paper that the arc detector related regulations should either be added to the existing circuit breaker related regulations, or to be handled separately. For effective prevention of electric fires caused by arc, it is urgently required to install arc detector and it is, therefore, appropriate to make it mandatory to install an arc detector. Under the given circumstance, it is suggested that the arc detector related regulations should be added to the existing regulations for the circuit breaker. The technical standards of arc detectors should reflect the arc judgement specification, breaking threshold of arc and the range of unnecessary signal that breaker should not react to respond.

• Journal of Arbitration Studies
• /
• v.29 no.1
• /
• pp.3-29
• /
• 2019

A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

• Journal of the Korean Society of Environmental Restoration Technology
• /
• v.21 no.6
• /
• pp.83-93
• /
• 2018

In Germany has a long history of ecological restoration and restoration management. At the beginning of the 1990s, the "Erfolgskontrolle" was used as an evaluation program after the restoration project and many exchanges of views took place. It is the time, in Korea, there is a need for a comprehensive evaluation program after the restoration project, as there is no evaluation method yet. At this time it may be the "Erfolgskontrolle" in Germany as a practical model for the Korean restoration management program. The purpose of this study is to identify the concept and character of the "Erfolgskontrolle" and to demonstrate the implication and potential of application, through the analysis of the implementation example of the revaluation of river revitalization. To achieve the goal was carried out theoretical and 3 exemplary revitalization research cases. And it was endeavored to deliver the German way of acting and the basic idea to Korea. For the restoration, the "precautionary principle" should be considered first, the upper legal regulation should not be violated. In order to apply "Erfolgskontrolle" in practice, the goal formulation should be clear and systematically evaluated. And through the collection of typified cases, the comprehensive and unified theory should be established, it is possible, thus the qualitative assessment of the restoration project.

• The Korean Journal of Archival Studies
• /
• no.4
• /
• pp.31-62
• /
• 2001

In this paper, I examined specific characteristics of the Tables of Transactions for Records Scheduling(TRS) (記錄物分類基準表 ; Kirokmul-Bulyukijun - Pyo) system by Public Records and Archives Act(PRA Act, No. 5709, 1999). All staffs and employees in governmental agencies of Korea must register, classify and dispose of their official records according to TRS by the Presidential Regulation for the application of PRA Act(No. 17050, 2000). Namely, the criteria of TRS is applicable to all stages of records lifecycle from creation to disposition(transfer to Archives or legal destruction). In the theoretical and methodological area, therefore, it is absolutely important that records managers and archival professionals in Korea make analysis on functions and characteristics of TRS by PRA Act. In the first, my examination take notice of possibility of 'adequate and proper documentation' about activity of the executive organization in TRS system. Other attention is that records management according to TRS means managing of records not only as physical entities but as logical entities which imply content and context of creation and use. In other hand, I wish to account for reasonable separation consideration for continuing utility of archives from current use of records throughout agencies duration Another theme of discussion in this paper is the theoretical framework which give account of TRS's characters. In conclusion, accountability for characteristics of TRS system could have been found in counterproposal view including the concept of Records continuum and the notion of Recordkeeping regime in Australia based on rethinking about Records lifecycle model. In the extent of practical area, more or less, it is imbalanced method that compare TRS by PRA Act to Recordkeeping regime based on Records continuum. Nevertheless, the concept and notion is suitable framework that give account of the prospect of recordkeeping system under PRA Act.as well as the meaningful characteristic of TRS.

• Korea Trade Review
• /
• v.44 no.1
• /
• pp.177-191
• /
• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• International Area Studies Review
• /
• v.16 no.1
• /
• pp.123-146
• /
• 2012

In this paper, we did on the new theory, policy, institution and legal research on the international competition order and justice society for 21st century. At first, we introduced the basic of competition law for fairness of trade in the new international market order under WTO. Secondly, we are researched on the economic approach of the competition law, market competition order and justice society in the new globalism. Third, we studied the international circumstance through the analysis of the patterns of the anti-competition practices and the regulation systems for competition order. We also reviewed the execution criteria and precedents of the fairness theory and competition laws in the USA, EU, Japan, and Korea, briefly. Finally, we presented to the alternative policies that based on our study about the new theory, policy, institution, competition law in opinion from reach the international market competition, fairness society and economic justice for 21st century under WTO.

• International Journal of Computer Science & Network Security
• /
• v.22 no.2
• /
• pp.424-435
• /
• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• Journal of Korea Port Economic Association
• /
• v.37 no.3
• /
• pp.105-116
• /
• 2021

Harbor floating pier is a structure in which one or several floating vessels are connected to have a port function so that ships can be bordered regardless of tide level in places where differences between tidal rocks are severe. There are 233 harbor floating piers in Korea, and 27.5% of harbor floating pier are over 30 years old. Harbor floating piers older than 30 years are potentially at high risk of accidents. However, there is no clear standard for disposal or sale of aging harbor floating pier, and the management regulations on the timing of maintenance inspection and repair are ambiguous. In this study, the AHP model was designed by classifying the problems and improvement factors of harbor floating pier facility operation through interviews with port managers and existing literature studies. The AHP analysis showed that the relative importance of the evaluation factors of the higher class was in the order of improvement of the legal system, improvement of operational management and technical improvement. This study can be used as basic data for improving the operation of Korea harbor floating pier facilities.

• Molecules and Cells
• /
• v.45 no.5
• /
• pp.306-316
• /
• 2022

Chronic stress contributes to the risk of developing depression; the habenula, a nucleus in epithalamus, is associated with many neuropsychiatric disorders. Using genome-wide gene expression analysis, we analyzed the transcriptome of the habenula in rats exposed to chronic restraint stress for 14 days. We identified 379 differentially expressed genes (DEGs) that were affected by chronic stress. These genes were enriched in neuroactive ligand-receptor interaction, the cAMP (cyclic adenosine monophosphate) signaling pathway, circadian entrainment, and synaptic signaling from the Kyoto Encyclopedia of Genes and Genomes pathway analysis and responded to corticosteroids, positive regulation of lipid transport, anterograde trans-synaptic signaling, and chemical synapse transmission from the Gene Ontology analysis. Based on protein-protein interaction network analysis of the DEGs, we identified neuroactive ligand-receptor interactions, circadian entrainment, and cholinergic synapse-related subclusters. Additionally, cell type and habenular regional expression of DEGs, evaluated using a recently published single-cell RNA sequencing study (GSE137478), strongly suggest that DEGs related to neuroactive ligand-receptor interaction and trans-synaptic signaling are highly enriched in medial habenular neurons. Taken together, our findings provide a valuable set of molecular targets that may play important roles in mediating the habenular response to stress and the onset of chronic stress-induced depressive behaviors.