• Title/Summary/Keyword: legal theory

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A Legal Study on the Natural Ecosystem Protection (자연생태계 보호를 위한 법적 연구 - 멸종위기야생동.식물 보호를 중심으로 -)

  • Lee, Joon-Bok
    • Journal of Environmental Policy
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    • v.7 no.4
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    • pp.75-103
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    • 2008
  • It is widely recognized that destruction of the eco-system with the counter-effect from the rapid industrialization threatens the life of human species. Furthermore, the extinction of some wild species keeps sending a warning message on the threat to human lives in the sense that both the human and wild lives have coexisted for a long time before the industrialization. Therefore, this study will shed a light on the importance of a natural ecology protection, focusing on wild-life conservation. This will provide an opportunity to consider the economic value of biodiversity through conservation of diverse wild lives and a natural ecology. Also, the irreversible damage to natural resources and extinction of certain species represent the urgency of this issue. This paper will perform a theoretical examination on the concept of wild plants and animals, an analysis of factors influencing their survivals, as well as the theory of natural ecology protections. This also examine the problems arising out of current domestic legislation of a natural ecology protection, comparing it with case studies of foreign countries. Through these analysis, this paper will seek for a maintenance of the currently enforcing natural ecology protection law to overcome its limits and will ultimately find alternatives to current system.

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A study on the Regional Informatization Policy Implementation System in Korea (한국 지역정보화 추진체계 개선에 관한 연구: 지능정보사회의 지역균형발전을 중심으로)

  • Jin, Sang-Ki
    • Informatization Policy
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    • v.24 no.3
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    • pp.67-90
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    • 2017
  • This study is conducted to find out problems in the implementation system of regional informatization policies in Korea and solutions to enhance the effectiveness in policy execution. The study uses research methodologies such as participant observation, interview and AHP for experts and employees of public organizations for regional informatization policies. Many implications were found in the analysis, including that policy relations, structure of the policy implementation system, and environment and contents of regional informatization policiesin Korea have to be innovated and re-organized. Especially, this paper emphasizes the horizontal and cooperative relationship between the central and local governments and redesigning of the legal system on the regional informatization. This paper also shows expectations on reshaping of the regional informatization policies with the paradigm shift of the government power toward decentralization. This paper also finds diverse views on the problems and solutions for the regional informatization policy implementation system based on different characteristics and interests of policy participants. This paper finds the possibility of applying the policy network model to regional informatization policy implementation, which can be supported by Rhodes & Marsh(1992)'s theory. Therefore, this paper shows the change of regional informatization policies can be expected through application of the policy network. Although the paper draws many academic and policy implications, they are limited to the implementation system of regional informatization policies only.

A Study of Inter-Korean Cooperation in Science and Technology (남북한 과학기술협력에 대한 연구: 통합적 시각에서)

  • Kwon Ki-Seok
    • Journal of Science and Technology Studies
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    • v.3 no.2 s.6
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    • pp.29-60
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    • 2003
  • Inter-Korean Cooperation in Science and Technology will contribute to building the trust between S.K and N.K as a leading factor and cut down the cost of unification by diminishing the technology lag and the gap of economic level. This study has shown that we can increase the productivity of unified Korea Innovation system if we systematically analyse the present condition of the Inter-Korean Cooperation and promote Inter-Korean Cooperation. In this study, the author analyses the present condition of the Inter-Korean Cooperation with integrated framework of three aspects to clear up the policy of Inter-Korean Cooperation. First, in the national aspect, we make use of the notion of international cooperation and multilateral mechanism of an international organization. Thereafter, we make out the alternatives in the aspects of international relationship and legal and institutional view Second, in the unification aspect, we consider the Inter-Korean Cooperation by the notion of national innovation system. Thereafter, we make out the alternative in the aspect of a phase-dependent approach. Finally, in technology aspect, we consider the Inter-Korean Cooperation by the notion of technology gap, the framework of technology transfer, and technology dependency theory. As a conclusion, through this study, the author have tried to integrate the various theoretical backgrounds. As a result, the author could analyse the present condition of ter-Korean Cooperation in Science and Technology and team a good lesson from it; Therefore, we can use it as a means of evaluation on a cooperation program and prediction for the future status of cooperation.

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A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

Non Face-to-Face Treatment and Not-informed Medication to Persons with Mental Disorders (정신질환자에 대한 비대면진료 및 비고지투약 -치료적 대화의 복원을 위한 모색적 고찰-)

  • Jung, Sangmin
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.149-192
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    • 2024
  • People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil. Even considering realistic aspects such as the special nature of mental health care and families' suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused. Japan's Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.

A Study on Influencing Factors to build a Counter-Drone system : Focusing on national important facilities (대(對)드론(Counter-Drone)체계 구축을 위한 영향요인 분석 -국가중요시설을 중심으로-)

  • Nam-Il Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.483-494
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    • 2024
  • This study is a study on influencing factors to derive considerations when establishing a large drone integrated protection system targeting important national facilities. Currently, drone protection is implemented by piecemeal installation of drone protection equipment developed on the market in response to the needs of government agencies, the military, and national important facilities. For this reason, there is a waste of resources, such as duplicate installation or overlapping operation of equipment, and institutional and legal problems between operations are emerging. Accordingly, we sought to identify factors influencing the establishment of an efficient and systematic anti-drone protection system targeting national important facilities. Considering the research purpose and scope, this study derived 3 influencing factors and 12 detailed influencing factors through case analysis, protection theory research, and analysis of related laws. If the results of this study are used as considerations when building an integrated anti-drone protection system in the future, all national defense elements will be integrated and systematic integrated anti-drone protection will be possible according to their respective roles. In addition, it will provide a theoretical foundation for building an integrated anti-drone protection system. The results of this study are valuable in that they present logical and systematic influencing factors for establishing an integrated anti-drone protection system.

The Welfare Systems in Sweden and Korea with a Focus on the Demographic Transition (인구변천 과정에서 본 한국과 스웨덴의 복지 상태 비교)

  • 김성이
    • Korea journal of population studies
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    • v.18 no.2
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    • pp.51-69
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    • 1995
  • The Swedish welfare state has been the model for others to emulate the archetypical example of state intervention. The state interventions are presented in the form of legal acts. These social welfare acts can be classified according to the demographic transition theory. According to the Bogue's theory, the demographic transition in Sweden took place in four stages : the pre-transitional stage before 1810; the early transitional stage from 1810 to 1860; the mid-transitional stage from 1860 to 1930; the late transitional stage from 1930 to now. As we look into the social welfare acts in Sweden, the relief of the poor was the major concern of the early transitional stage, the care of workers was the major concerns of the mid-transitional stage and the care of the families was the major concerns in the late transitional stage. The Korea's transition period can be devided as follows; the pre-transitional stage before 1960; the early transitional stage from 1960 to 1969; the mid-transitional stage from 1970 to 1987; and the late transitional stage from 1987 to now. In Korea, the major concern of the early transitional stage was the care of the officials and the workers; in the mid-transitional stage the care of the aged and the handicapped were the major concerns. And in the late transitional stage the expanding of the welfare clients was the major concern. If we compare the results of both countries, the relief of the poor, the care of the workers and the care of the families will be the major concerns in Korea, because the social welfare acts in Korea are extended to specific groups and not to the whole population. The acts related to these social issues have been arranged in 120 years in Sweden. But Korea had to do the same work in 27 years. So the burden of making those social acts will be four times heavier. If we want to extend the benefits of the social system to the general population, we need to look at the design and approach of the swedish model. The reason why swedish social acts constitute an international model has more to do with the uniqueness of its design and approach. First of all, it is characteristic by its universalism, secondly by its emphasis on social services and thirdly by its productivitism. Also the swedish welfare state supported by a high-tax system called the earnings-related welfare system. In order to achieve an effective welfare state, we Koreans should pay attention to the relief of the poor, the care of the worker and the families. We should also focus on a good system design and prepare appropriate budgets.

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The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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Legal Study for the KSLV launching - Products & Third Party Liability - (KSLV발사에 따른 제작 및 제3자피해 책임에 대한 우주법적 소고)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.169-189
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    • 2006
  • In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

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Influence of CSR Activities on Corporate Reputation Depending on Brand Equity (기업의 브랜드자산에 따른 CSR활동이 기업평판에 미치는 영향)

  • Yoon, Ki-chang
    • Journal of Venture Innovation
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    • v.1 no.2
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    • pp.13-34
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    • 2018
  • In this case, research has been conducted to verify that the purpose of establishing a reputation for establishing a reputation for identifying brand equity is research and investigation in the context of establishing a reputation for establishing a reputation, and conducting research on CSR activities that are essential to the essential activities of companies. The survey conducted a survey on behalf of the National Center for Adult Women and Girls and Girls ' Generation, using the final round of Section 305 to develop a series of findings, including the analysis of the feasibility analysis, feasibility analysis, reliability, correlation analysis, and factors analysis. A summary of the effects of research on corporate reputation on corporate reputation according to corporate CSR activities is as follows. 1st. Brand equity will have a positive effect on the Company's reputation. The hypothesis had a significant impact on brand recognition, brand loyalty, and perceived quality, but did not have significant impact on the brand image. 2st. Brand equity will have a positive effect on ethical responsibility. The hypothesis had a significant impact on brand recognition, brand loyalty, and perceived quality, but did not have significant impact on the brand image. 3st, the brand equity will have a positive effect on the benefit of the benevolent. The hypothesis had a significant impact on brand recognition, brand loyalty, and perceived quality, but did not have significant impact on the brand image. 4st, The theory that the influence of positive(+) will affect the company's reputation has a significant impact on both ethical and philanthropic factors. 5st. The ethical responsibility was found to have no effect on the usefulness of the brand between brand assets and corporate reputation. 6st. The philanthropic responsibility was partly attributable to the fact that there was a substitution between brand equity and corporate reputation. In sum, the company needs to prioritize its brand recognition before establishing its reputation, and the reason why it should be implemented is that the other elements of the brand equity should be evaluated with the presence of other elements of the brand equity, thereby ensuring continued compliance with continuous CSR activities. As a result, consumers expect to see the performance-based role of the company as a strategic and long-term perspective, as consumers want to see the CSR activity and the corporate reputation in a long-term manner, as opposed to the financial responsibility and legal responsibilities of the past, as opposed to the past.