• Title/Summary/Keyword: legal subject

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Virtual currency and confiscation

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.5
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

An Attempt to the Legal Problems on the Approved Books in Fisheries and Marine Sciences Education (수·해양 전문계고 인정도서 제도의 법적 문제와 과제)

  • Park, Chang-Un;Cha, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.25 no.1
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    • pp.65-77
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    • 2013
  • This study is to suggest the legal issues and some question to solve on the approved books in fisheries and marine sciences education. The results of the study are following. First, It discuss the legal meaning on the approved books. The meaning of the approved books means the curriculum books are subject to an approval by the Minister of Education, Science and Technology in order to use term in case where there exist no government-designated books and authorized, or where it is difficult to use term or it is necessary to supplement them. Second It deals with the legal issues on the approved books in fisheries and marine science education. The main issue is in harmony with the regimentation and self-regulation of education. This matter is the legal problems on the power for the standards of the textbooks approval and the rights for the organization of the textbooks. Third, It treats the problems of the approved books in fisheries and marine sciences education. The problems is system of statute and concept of approved books, the rights of nation and local government, standards of approved books, and writing and practical use of approved books. I generalize legal issues on the approved books in fisheries and marine sciences education. Hence, it is necessary to deeply study each subject in the legal aspect of the approved books in fisheries and marine sciences education.

The Actuality and Legal Subject of foreign investment to Chinese Medical Market (중국(中國) 의료시장(醫療市場)에 대한 외국인투자현황(外國人投資現況)과 법적(法的) 과제(課題))

  • Jin, Cheng-Hua
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.311-330
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    • 2006
  • As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

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Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

A Study on the Improvement of the Intelligent Robots Act

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.217-224
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    • 2019
  • The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

A Study on the Protection of Trial Subjects in Clinical Trials of Investigational New Drug (의약품 임상시험에서 피험자 보호)

  • We, Kye Chan
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.79-113
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    • 2012
  • This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

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A Study on Practical Use of Cyber Community as Welfare Support System for Single-Parent Family - Focused on Practical Using Websites- (한부모가족의 복지 지원체계로서의 가상공동체 활용에 관한 기초 연구 - 웹사이트 활용을 중심으로 -)

  • 강기정;이무영;김영희
    • Journal of the Korean Home Economics Association
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    • v.40 no.10
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    • pp.141-159
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    • 2002
  • The purpose of this study is to find plan of practical using websites as welfare support system for present single-parent family practically. The subject websites were chosen by search in twice using Yahoo(http://www.yahoo.co.kr),Naver(http://www.naver.com).Empas(http://www.empas.com). The first search was accomplished by reference to these websites from the eighth of December to the twelfth of December in 2001. With the use of key words‘widowed mother & widower’,‘divorce’,‘single parent’,‘single-parent home’,‘single-parent family’. The second search was conducted on March 27, 2001. Finally 10 websites were selected. Chosen websites were analysed by structural element measure and structural technique measure of the contents. The following are summary of results and conclusion of this study. First, counsel program, self-help group, legal advice of the legal system and legal question area in the field of psychology·emotion·health problem of subject websites satisfied desire of single-parent family comparatively. Second, subject websites were classified into two types which are after the assessment of contents and structural technique of subject websites, a imaginary site was designed to solve the problem of single-parent family and to support single-parent family by means of prior research. Putting the result mentioned above together, As a step to solve the problem of single-parent family, to use practically website as a place single-parent family can be provided what the country and community cannot offer. It was accomplished by expanding self-help group extremely through the connection with ground to acquire strategy of dealing with single-parent family's desire and problem, volunteer supports and specialists.

A Survey on the Perception for Legal Education Efficiency of Engineering Department (공학 계열의 법학 교육 효율화를 위한 인식 조사)

  • Oh, Tae-Kon
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.8
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    • pp.161-168
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    • 2014
  • This study conducted a survey on the perception for legal education efficiency of engineering department. This study is to search for more efficient legal education method to engineering department's students, reflecting the reality that our universities have appointed the subjects - related with engineering accreditation such as engineering law - as compulsory subjects. The method of this study is that with questionnaire extracted the advanced researches, it selected the 180 undergraduates of engineering college in C university as original samples, chose 161 data as final efficient samples except for 19 untrustworthy respondent, analyzed and drew the result. The specific results are as follows. In case of legal education in engineering department, it was found that women rather than men, the students first taking the subject more than those retaking the subject, the students who have taken the basic law subjects such as law and society, an introduction to law, and the students who hope to get a job in their major field showed the higher class concentration degree and satisfaction degree.