• Title/Summary/Keyword: legislation and law

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The Present Situation and Prospects of Chinese National Mechanism on Space Debris Mitigation

  • Li, Shouping
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.239-258
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    • 2011
  • Space debris mitigation has become an international custom for international space activities. IADC and COPUOS adopted a Guideline on Space Debris Mitigation. Two Guidelines provided that member states or international organization shall establish a national mechanism to mitigate space debris. China has made progress in legislation on space debris mitigation and management system. It establised a fundamental framework on the legislative mechanism on space debris mitigation and managemental mechanism on space debris mitigation. In order to further improve the national mechanism on space debris mitigation, it is essential for China to strenghen legislation on space activities and specify the duties of management administrates.

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The Legislation Process of Landscape Protection and Management: Learning from the Foreign Cases (경관의 보호와 관리를 위한 법제화 과정 -국제적 선례를 중심으로-)

  • Ryu, Je-Hun
    • Journal of the Korean Geographical Society
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    • v.48 no.4
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    • pp.575-588
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    • 2013
  • The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

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A Historical Study on the Development of the Maritime Labour Law (해상노동법의 발전에 관한 사적연구)

  • Ji Sang-Won
    • Journal of Navigation and Port Research
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    • v.29 no.3 s.99
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    • pp.227-234
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    • 2005
  • It is said the maritime labour law that total legislation system regulate all relationship concerning a labour of seafarers. A possibility of danger, a helplessness from the shore, a importance of the responsibility, a segregation from the public, etc. is mentioned as the particularity of a maritime labour which is distinguished from that of a shore labour. Therefore, the improvement of social standing and protection of rights for seafarers may be achieved substantially by the maritime labour standards considering such particularity of maritime labour. A vessel is itself international relationship, accordingly maritime labour is also same. It means that international relationship should be considered, whenever any country makes it's national law for maritime labour. Therefore, this paper aims to find out the spirit of legislation for the maritime labour law through a historical study on the development of it, and suggest the facts that should be considered for legislation of domestic law concerned.

A Study on the Application of the FRBR Model to Legislation (법령에 대한 FRBR 모형의 적용에 관한 연구)

  • Chang, In-Ho
    • Journal of Korean Library and Information Science Society
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    • v.45 no.4
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    • pp.365-390
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    • 2014
  • This study intend to find the application methods of the FRBR model about legislation by analyzing a law life cycle from the enactment to the amendment and abolition of legislation and the type of the change after abolition. The legislation is the work as an aggregate entity consisting legal provisions and each provision is also the work. They are in the Whole-to-Part relation. The legislation has a effect by being published in the official gazette, and the updated text or the translated text is not the official version. Even if the name of the legislation is changed, it is treated as the same entity when it is not abolished and the simple rectifying text expressed in the official gazette is also legally valid. The Libraries Act has been replaced by the Libraries Act(old version), the Libraries Promotion Act, the Libraries and Reading Promotion Act and the Libraries Act(new version) in the order named, and it can be bounded into a superwork. For these examples, we provided the application method of FRBR model and suggested the actual application cases regarding Work, Expression, Manifestation and Item which are in Group 1 of FRBR model for the Libraries Act.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

The Diagnosis and Prescription for Cybersecurity in Korea: Focusing on Policy and System

  • Park, Sangdon;Kim, Il Hwan;Kim, Jaehyoun;Lee, Kyung Lyul
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.12 no.2
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    • pp.843-859
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    • 2018
  • Cybersecurity has emerged as a serious problem in Korea and there have been relevant movements to improve domestic cybersecurity policy and system. However, discussions have yet to result in actual progress and the legislation for improvement of cybersecurity policy and system have been stagnant until now. As evidenced by the introduction of primary government legislation bill for national cybersecurity in 2017, the preparations for improvements to the policy and system are still in progress. However, we cannot be positive about the possibility of implementing these improvements during the process. Recognition of the importance of cybersecutiry has gradually risen and is more prevalent than in years past, however, in-depth discussions are not being made. In principle, misunderstandings about cybersecurity itself and insufficient understandings of the relevant legislation seem to cause such problems. Therefore, it is necessary to review key issues related to the improvement of cybersecurity policy and system and reconsider tasks for the future. Such issues include the relationship between cybersecurity and fundamental rights, establishing responsibility and capability of each of entities for cybersecurity, and the role of the military in cybersecurity. This type of in-depth discussion will be helpful for finding ways to improve upon cybersecurity policy and system. Moreover, this study aims to key issues with questionnaire survey and political and normative inquiry.

A Study on the Medical Dispute Arbitration Law in Terms of Civil Law (의료분쟁조정법안(약칭)의 민사법적 고찰)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.11-52
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    • 2010
  • Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

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Analysis of the Library Administrative Systems and Legislations in Canada (캐나다의 도서관 행정 및 법제 분석)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.2
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    • pp.75-94
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    • 2004
  • The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.

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.