• Title/Summary/Keyword: true law

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The Study on the Application for Christian Education by Nashim, Jewish Mishna (유대교 미쉬나 나쉼(Nashim)의 기독교교육을 위한 적용 방안)

  • Jang-Heum Ok
    • Journal of Christian Education in Korea
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    • v.72
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    • pp.71-96
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    • 2022
  • The purpose of this study is to analyze the origins and texts of Judaism Mishnah Nashim, to think from the educational theological perspective, to suggest a method to be applied to Christian education, and to analyze human rights issues in relation to women's marriage life. To achieve the goal of this study is first, to analyze the historical process up to the compilation of Mishna Nashim in order to analyze the origin and text of Mishna Nashim, and then, the seven Masekcotts were analyzed from the perspective of the researcher by dividing them into marriage-related civil law, divorce-related civil law, engagement-related civil law, adultery-related civil law, and vow and pledges related civil law in order to analyze the content of the text of Mishna Nashim. Second, in order to analyze Mishna Nashim in educational theology, marriage laws were analyzed by dividing them into brother-in-law marriage system, chastity system of marriage, divorce law, engagement law, adultery law, and vow and pledge law. Third, to apply Mishna Nashim to Christian education, marriage life education were divided into marriage education and divorce education, vow education and pledge education. The conclusion of this study is as follows. First, marriage education is necessary to establish a Christian family. Second, Divorce prevention education is necessary from the Christian point of view. Third, a spiritually healthy vow education must be conducted. Fourth, healthy pledge education is necessary to live as true Christians. As a result, Korean society still has a deep sense of patriarchal authority, and gender equality is still lagging behind. Discrimination, disparagement, taboos for divorce and remarriage, and stereotypes about gender roles of women still exist within the church, therefore, Christianity must provide an alternative solutions solutions.

A Study on Legal Commentary Information Services Based on the Usage Patterns of Legal Information Sources (법률정보원 이용행태에 기반한 주석서 정보서비스에 관한 연구)

  • Won, Jong Sam;Lee, Jee Yeon
    • Journal of the Korean Society for information Management
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    • v.37 no.1
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    • pp.127-151
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    • 2020
  • The court has the responsibility to determine the final interpretation of the law. The court hands down final decisions on personal disputes and conflicts between individuals and the state. Legal commentaries will stay true to their intention of providing diverse legal theories and enabling a unified legal interpretation only when law practitioners are allowed to discuss in depth laws, cases, and legal theories within the boundaries set by commentary authors. If law practitioners include the latest laws, cases, and legal theories as well as their opinions to existing commentaries in their judicial roles and legal studies, they will be able to obtain a unified legal interpretation without referring to other legal literature.

A study on legal improvement on Online P2P financial loan

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.6
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    • pp.141-147
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    • 2017
  • Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

Recent Developments in Space Law (우주법(宇宙法)의 최근동향(最近動向))

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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Pirates in History and International Law Centering around the Viking Pirates (역사상 해적과 국제법상 해적 : 바이킹 해적을 중심으로)

  • Kim, Joo-Sik
    • Strategy21
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    • s.30
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    • pp.263-285
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    • 2012
  • History, demonstrating convincingly that pirates have arisen continuously for a lengthy period of time throughout the world, is able to become a cooperative study of international law in terms of pirates matters ; Viking pirates. There are beneficial topics for the study of true nature of viking activities and the settlement of present pirates matters ; How were the pirates activities of Vikings, What sort of relations do they have between Vikings and other pirates which have arisen in world history, What are the differences compared to present concept of pirates. There were active pirates activities in the coast and waters of Scandinavia even before the period of the Migration Age because of geographical condition. With those experiences, Vikings began to ambush Britain Islands sailing across the North Sea since the late 8C, ages of migration in earnest. They ambushed all coasts of the European Continent expending boundary until the late of 11C. Pirate activities in a sort of guerrilla operations were operated when they encountered Islams in the Iberian Peninsula and the coast of North Africa. They showed twofold attitudes ; if the defence of the region and sea was weak, they plundered, or if strong, traded. In plundered europeans' position, Vikings were pirates with cruelty and barbarians. In vikings position, they were normal human beings who did a pirate activity to lead a better life. Viking pirates showed different characteristics in terms of three aspects ; area and aspect of action, activity after piracy. Meanwhile, Viking pirates showed several differences with pirates defined in terms of modern international law. Among the satisfying conditions of pirates, required by the international law of the sea, Vikings fulfilled animus furandi, desire for gain, activities for hatred and revenge, and private ends. Other conditions including attacking authority of the vessels, activities toward private ships, activities in the coast and the land, and illegal terroristic activities toward ships are found in viking pirates. However, Viking pirates do not show the activities in high seas and in the outside of a State's jurisdiction. In addition, it cannot be excluded that they pirated with vessels of regional leaders and the Sovereign, not private ships. Contrary to the definition of concept in terms of modern international law toward pirates, Viking invaded foreign waters, came on shore to foreign land and island, went up-stream the rivers to the back of interior, and attacked churches and abbeys. Strangely, they sometimes settled down in the places where they had pirated. Today, pirates appearing in history and defined in international law exist simultaneously and separately. It means, the historical nature and the nature under the international law are turning up differently. Historical cases of pirates should be reflected to modern international law. If so, it seems that the clue to solve pirate problems can be arranged. History is the immortal living thing, which not just existed as a past but reflects present.

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In Search of the 'True' Cynic: Julian the Emperor's Reception of Cynicism and Its Limits ('진짜' 견유(犬儒)를 찾아서: 율리아누스 황제의 견유주의 수용과 그 한계)

  • Song, Euree
    • Journal of Korean Philosophical Society
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    • no.123
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    • pp.61-89
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    • 2018
  • The purpose of this paper is to characterize the reception of Cynicism by Julian, the emperor and Neoplatonist of the late Roman Empire. Julian attempts to restore true Cynicism, while chiding decadent contemporary Cynics. To this end, he idealizes Diogenes as an example of the true Cynic. The main attention is paid to the way in which Julian idealizes Diogenes. First, we introduce the basic features of Cynicism with a focus on the figure of Diogenes. Although Diogenes inherited the ethics of happiness from Socrates and presented the Cynic practices encapsulating - freedom from social customs, self-sufficiency as opposed to vanity and greed, and asceticism - as a shortcut to happiness, he was called a 'Socrates gone mad', owing to his unconventional and shameless words and deeds. Compared to this Diogenes, we try to discern the characteristics of the true Cynic described by Julian. The true Cynic for Julian is a rigorous ascetic like Diogenes, but a Diogenes knowing shame (aidos). He is an intelligent examiner of the opinion of the people like Socrates. However, he is a free man not enslaved to a particular state, but a pious philosopher who defends the divine moral law of the cosmopolis. In the end, it is shown that Julian embraces Cynicism in so far as it can be integrated into Socrates' rationalist moral tradition. We conclude with a brief reflection on the significance of Julian's reception of Cynicism from the perspective of his attempt to unify ancient philosophical traditions in order to protect Hellenism against Christianity.

The Meaning and Criterion of Medical Malpractice(negligence) from Moderating the Burden of Proof in a Medical Malpractice Suit (의료과오소송에 있어 입증책임 완화에 따른 의료과실의 의미와 판단기준)

  • Kim, Yong-Bin
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.57-127
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    • 2008
  • In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

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A Study on the Improvement Plans of Green Insurance Industry (녹색보험산업의 발전방안에 관한 연구)

  • Han, Nak Hyun;Cho, Sung Woo;Kim, Eun Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.305-331
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    • 2013
  • The purpose of this study aims to the improvement prospect of green insurance industry in Korea. Green insurance includes all classes of general insurance business including unoccupied property insurance and empty building insurance, business insurance, personal insurance, etc. Green policies often cover expensive systems that are not covered under most property policies. The same is true for some underground property, which is also exempted from many property policies. At least insurers already offer products designed to fund rebuilding damaged properties to meet certain environmental and building standards. While the products are in their infancy, insurers and brokers say the huge interest in environmental issues will increase demand. Green buildings that improve energy efficiency and air quality and reduce waste are designed to reduce their effects on the environment and the health of building occupants. Buildings account for 39% of U.S. carbon dioxide emissions, according to the Department of Energy. Insurers say that, as sustainable buildings become more common, green insurance will become more popular and some of its features might become a standard part of property policies.

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A Study on the International Business English focusing on Reading (읽기를 중심으로 한 무역영어에 관한 연구)

  • Park, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.173-194
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    • 2007
  • The purpose of this article is primarily to give prominence to the importance of International Business English education. Although English is one of the most crucial parts in international business transaction it has not been treated as one of academical sciences. As English is a main language when the international business transaction is done International Business English should be studied by scholars who majored in international business area. It is true that there has been no study at all regarding International Business English(in this article, it does not mean General International Business English) so far. Anyone who does and learn the international business should have some opportunities to have a contact towards international business correspondence and other documents before they do in reality. However, in Korea, most English education has been focused on general English and English certificate tests at universities. At universities' level, it is certainly a scholars' task to study International Business English education in order to provide decent education to the students. For doing so, this article examine, focusing only on reading part, how International Business English should be taught and especially, how reading skills should be activated and integrated with other language skills. This objective will be fulfilled by asking, what reading means in International Business English, as well as what role reading plays in International Business English education.

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A Study on the Validity of the Retla Clauses in Bills of Lading (선화증권 상의 Retla 약관의 유효성에 관한 연구)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.93-111
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    • 2014
  • In this article, I have reviewed the validity of the Retla Clauses in bills of lading. In Tokio Marine(1970), US courts have permitted carriers to include Retla Clauses in their bills of lading that essentially disclaim all responsibility for the required statement. Simon J in The Saga Explorer(2012) disagreed with the decision of no representation in Tokio Marine and held that the statement with the Retla Clauses made on the bills of lading as to the cargo's apparent condition was a fraudulent misrepresentation. Simon J also requested a strong carriers' honest conduct. However, because the shippers always request the clean bill of lading for trade purpose and never call for a substitute bill of lading showing the true condition of goods, carriers will inevitably continue to clause bills of lading if they have no other better way of protecting themselves in the situation of Tokio Marine or The Saga Explorer. For the present, the decision of misrepresentation in The Saga Explorer might be helpless to change the position of the assignees of the bills of lading. And it seems that the debate on the validity of the Retla Clauses in bills of lading will be continued for the time being. In these circumstances, if the buyers hope to void the potential dispute, they may have a special agreement in the sale of goods contract, for example, requiring a pre-shipment inspection of the goods so as to know the actual condition of the goods on shipment.

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