• Title/Summary/Keyword: legal regulations

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Convergence study to improve a game regulation for youth (청소년 게임 규제 정책 개선을 위한 융합적 연구)

  • Kim, Yu-Na;Lee, Hwan-Soo
    • Journal of Digital Convergence
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    • v.13 no.8
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    • pp.59-67
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    • 2015
  • As online game addiction of youth becomes a serious social problem, various regulations restricting their game play have been introduced. However, it is considered that forced shut-down, selective shut-down, and other regulations have no effect, and theoretical debates about the necessity of regulations also continue. Therefore, this study theoretically re-examines the necessity of youth game regulations by the discussion on domestic and international policy trends and existing research. In order to confirm empirical evidence of the effectiveness of regulations, this study compares and analyses the change of youth's game play time and patterns before and after the regulations. According to the results, the effect of the regulations is inadequate so this study proposes reasonable improvement ways of them through convergent approach including legal, political, and technological perspective.

A Analysis on the Present State and Character of Game Regulation in Korea (게임 부문 규제 현황 및 특성 분석: 규제개혁위원회 등록 규제에 대한 게임 정책 신뢰에 대한 소고)

  • Choi, Seong Rak
    • Journal of Korea Game Society
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    • v.15 no.2
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    • pp.145-158
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    • 2015
  • There are a lot of game regulations in Korea. Each scholar has invested a game regulation. But there is no research about all the game regulations. All regulations in government should be registered in Regulatory Reform Committee. So, this study researched the all game regulation in Regulatory Reform Committee and found the present state and character of game regulation in Korea. The registered game regulations are only 22. But actually, there are 44 regulations in game field. And according to legal context, there are over 60 regulations in game field. And a lot of game regulations focus on the game addiction and gambling. The differences of regulation would influence the policy trust and government trust. This result would contribute to reform the regulation of game in Korea.

A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

Identification of unfavorable clause and directionality through the analysis of legal system of autonomous driving vehiecle in Korea (국내 자율주행자동차 관련 법률 및 제도 분석과 한계점 도출 및 방향성 제안)

  • An, Myeonggu;Park, Yongsuk
    • Journal of Convergence for Information Technology
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    • v.9 no.1
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    • pp.38-44
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    • 2019
  • As 4th industrial revolution era has come, autonomous driving vehiecle gets its attention for commercialization and development and thus its impact on society. To this end, several countries such as US, England and Germany are preparing their own legal systems to come up with commercialization of autonomous driving vehiecle. In this country, Korea is also developing autonomous driving vehiecle and looking forward its commercialization yet the legal system of Korea lacks of laws, regulations, rules, guidelines and so on. Hence, it is our intention to look into Korean legal system providing the analysis of current Korean legal system in detail. This paper also provides further directions to have balance between commercialization success and risk management in this country and, as a result creates a small step toward 4th industrial revolution society.

Systematic Literature Review of Smart Trade Contract Research (스마트 무역계약 연구의 체계적 문헌고찰)

  • Ho-Hyung Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.243-262
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    • 2023
  • This study provides a systematic review of smart trade contracts, examining the research trends and theoretical background of utilizing smart contracts and blockchain technology for the digitalization and automation of trade contracts. Smart trade contracts are a concept that applies the automated contract system based on blockchain to trade-related transactions. The study analyzes the technical and legal challenges and proposes solutions. The technical aspect covers the development of smart contract platforms, scalability and performance improvements of blockchain networks, and security and privacy concerns. The legal aspect addresses the legal enforceability of smart contracts, automatic execution of contract conditions, and the responsibilities and obligations of contract parties. Smart trade contracts have been found to have applications in various industries such as international trade, supply chain management, finance, insurance, and energy, contributing to the ease of trade finance, efficiency of supply chains, and business model innovation. However, challenges remain in terms of legal regulations, interaction with existing legal frameworks, and technological aspects. Further research is needed, including empirical studies, business model innovation, resolution of legal issues, security and privacy considerations, standardization and collaboration, and user experience studies to address these challenges and explore additional aspects of smart trade contracts.

Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

A critical review on informed consent in the revised Medical Law (개정 의료법상 설명의무에 관한 비판적 고찰)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.3-35
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    • 2017
  • The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

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Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013
  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

A study on working out arc detector related regulations (아크 검출기 관련 규정 마련에 관한 연구)

  • Park, Yong-Seo
    • Journal of Digital Convergence
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    • v.16 no.11
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    • pp.115-122
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    • 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.

Efficiency evaluation of MBR, A/O processes utilizing self-sufficient energy (에너지 자립형 MBR, A/O 공정의 효율 평가)

  • Lim, Setaek;Kim, Jinkeun
    • Journal of Korean Society of Water and Wastewater
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    • v.28 no.3
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    • pp.305-314
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    • 2014
  • A pilot plant (Q=5 $m^3/d$) study was implemented for small and medium sized personal wastewater treatment plant effluent to evaluate MBR and A/O processes utilizing self-sufficient energy composed of wind and solar energy. The removal efficiencies of BOD, SS, turbidity and color were sufficient for legal water quality standards for gray water. However, those of nitrogen and phosphorus could not meet legal regulations which suggested that further removal of those contaminants were needed for reuse of the treated water. Self-sufficient energy rate was 100 % for the pilot plant due to excessive design capacity. In this research, wind and solar energy system was applied considering geological characteristics, which significantly improved energy self-sufficiency. Substantial improvement on energy self-sufficiency can be obtained by optimized investment and operation at a full scale wastewater treatment plant.