• Title/Summary/Keyword: 기초 법학

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A Preliminary Study on State Responsibility for Establishment and Protection of Information and Telecommunication Infrastructure in COVID-19 Pandemic (코로나19 사태에서 국가의 정보통신기반 구축·보호 책임에 대한 시론적 고찰)

  • Park, Sangdon
    • Journal of Digital Convergence
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    • v.18 no.8
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    • pp.49-54
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    • 2020
  • COVID-19 pandemic is an opportunity to recognize the necessity of information and telecommunications infrastructure which is base of information and telecommunication. This paper discusses the importance of information and telecommunications infrastructure in COVID-19 pandemic and overview proper institutional measures to fulfill state responsibility for establishment and protection of the infrastructure through documentary survey and normative study with juristic consideration. Information and telecommunications infrastructure has critical functions to respond to the pandemic and is one of the key to make digital transformation. A state is responsible for establishment and protection of Information and telecommunications infrastructure. Institutional measures have significance for the state responsibility and they are formed by not only statute but also constitution with making state object provision for establishment and protection of Information and telecommunications infrastructure. This paper shows premise and direction of further studies on related individual legislation.

The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 - (의료인의 의료기관 다중운영 금지 조항의 위헌성 - 의료법 제87조 제1항 제2호, 제33조 제8항을 중심으로 -)

  • Kim, Sun Wook;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.295-326
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    • 2015
  • Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

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Artificial Intelligence: Cultural Imagination and Social System (인공지능: 그 문화적 상상력과 사회적 시스템)

  • Song, Young-Hyun;Lee, Hye-Kyoung
    • Journal of the Korea Convergence Society
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    • v.10 no.8
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    • pp.195-203
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    • 2019
  • The aim of this study is to explore the paradigm shifts in culture and system related to life in terms of AI and the present point of view in which creating human values together are important. An approach that focuses on how AI-related phenomena work in modern society forms the basis of this research. Therefore, to clarify the meaning of "AI phenomenon" converging it as a part of social culture, this study was intended to find out the value incorporated in the social system such as ethics and equality together with the literature review. Inferring the technical culture that are combined with the AI that the members of society can do together is as important as technical understanding in the functional aspect. Therefore, this study was intended to suggest new culture that the cultural imagination and the social system create harmonizing each other, that is, the possibility of "AI culture". So, this article has a characteristic of a preliminary study, too.

Analysis of Public Perception and Policy Implications of Foreign Workers through Social Big Data analysis (소셜 빅데이터분석을 통한 외국인근로자에 관한 국민 인식 분석과 정책적 함의)

  • Ha, Jae-Been;Lee, Do-Eun
    • Journal of Digital Convergence
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    • v.19 no.11
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    • pp.1-10
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    • 2021
  • This paper aimed to look at the awareness of foreign workers in social platforms by using text mining, one of the big data techniques and draw suggestions for foreign workers. To achieve this purpose, data collection was conducted with search keyword 'Foreign Worker' from Jan. 1, to Dec. 31, 2020, and frequency analysis, TF-IDF analysis, and degree centrality analysis and 100 parent keywords were drawn for comparison. Furthermore, Ucinet6.0 and Netdraw were used to analyze semantic networks, and through CONCOR analysis, data were clustered into the following eight groups: foreigner policy issue, regional community issue, business owner's perspective issue, employment issue, working environment issue, legal issue, immigration issue, and human rights issue. Based on such analyzed results, it identified national awareness of foreign workers and main issues and provided the basic data on policy proposals for foreign workers and related researches.

Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

An An.0, pproach to the Reorganization of University Libraries in the 21st Century

  • 홍현진;이병목
    • Journal of Korean Library and Information Science Society
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    • v.29
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    • pp.443-464
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    • 1998
  • 21세기를 맞이하여 대학도서관은 정보기술의 도입, 업무내용의 변화, 이용자의 요구변화등 급격하게 변화하는 새로운 환경에 직면해 있다. 본 연구는 한국의 대학도서관 조직구조의 현황에 대한 분석과 함께 다양한 조직이론들과 정보환경의 변화에 기초해서 도서관조직을 활성화시키기위한 개념적인 조직모델을 제시하고자 한다. 한국의 대학도서관은 거의 10년동안 법적인 제약과 조직내외의 환경적인 한계 등으로 인해 전산화시스템의 도입, 도서관부관장의 임명, 그리고 도서관과 컴퓨터 센터와의 통합시도와 같은 약간의 변화외에는 거의 변화가 없었다. 전형적인 한국의 대학도서관은 수서, 기술서비스, 열람과 참고봉사 부문으로 조직되었다. 여기서 수서 기능을 기술서비스의 부문으로 간주한다면, 본 연구의 대상인 대학도서관 114개관 중 95개관(82.5%)이 전통적인 도서관조직의 형태인 기술서비스와 공공서비스 부문으로 조직된 것으로 나타났다. 본 연구에서는 전통적인 도서관조직의 문제점들을 급복할 수 있는 21세기의 개념적인 대학도서관 조직모델로서, 네가지 부문 - 서비스 부문, 서비스지원 부문, 기술지원 부문, 그리고 통합·조정부문-을 대학도서관의 개념적인 기본 구성요소로써 제안하였다. 그러나 모든 도서관의 서비스나 업무과정에 대해 적합한 잉상적인 조직구조는 없으며, 조직의 재조직과정은 도서관의 형태와 목적, 업무과정에 따라 매우 다양하다. 따라서 도서관의 재조직화는 환경의 변화에 따라 끊임없는 과정이 될 것이며, 도서관조직의 성공은 이러한 변화에 적응할 수 있는 개인과 조직의 역량에 달려있다고 하겠다.대한 순서에 있어서 차이가 있다. 4) 도서관에 대한 태도에 있어서 두 집단은 상이한 입장을 보이고 있다. 학자들의 과반수는 중요 정보원으로서 자신의 개인장서를 활용하며, 도서관의 장서 및 그 조직방법에 대해서도 별로 만족하지를 못하고 있다. 반면에, 실무가들은 도서관에 대하여 비교적 만족하며 따라서 도서관에 대한 이용도도 높다. 5) 두 집단 모두 보조인을 적극적으로 활용하지 않으며 사서의 도움을 받는 경우도 극소수에 불과하다. 이러한 조사결과를 기초로 하여 볼 때 법률전문직을 둘러싼 정보환경을 개선하기 위하여는, 인쇄된 일차적 정보자료의 검색방법등을 개선하고, 나아가서는 법령과 판례정보를 위한 효율적인 시스템을 구축하며, 뿐만 아니라 이용자의 요구에 충분히 대처할 수 잇는 도서관으로 변화되는 것이다. 이와 함께 가장 중요한 것은 법과대학과 사법연수원에서 법학 연구방법에 관한 강좌를 개설하여 각종 법률정보원의 활용 내지 도서관 이용방법에 관하여 교육하는 것이다.글을 연구하고, 그 결과에 의존하여서 우리의 실제의 생활에 사용하는 $\boxDr$한국어사전$\boxUl$등을 만드는 과정에서, 어떤 의미에서 실험되었다고 말할 수가 있는 언어과학의 연구의 결과에 의존하여서 수행되는 철학적인 작업이다. 여기에서는 하나의 철학적인 연구의 시작으로 받아들여지는 이 의미분석의 문제를 반성하여 본다. 것이 필요하다고 사료된다.크기에 의존하며, 또한 이러한 영향은 $(Ti_{1-x}AI_{x})N$ 피막에 존재하는 AI의 함량이 높고, 초기에

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Problems of Implant Procedure and Medical Disputes (임플란트 시술의 문제점과 의료분쟁)

  • Lee, Tae-Hui;Song, Young-Ji
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.281-297
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    • 2016
  • In order to make a treatment plan and outcome prediction, it is important to evaluate accurately and objectively osseous tissues of the implant area. The evaluation of osseous tissues is the most objective method for the decision of production time of upper structure of alveolar bone. However, the evaluation of osseous tissues contains contradiction because it is made by subjective opinions of dental surgeons. Many dentists also point out the problem of subjective evaluation of osseous tissues. Therefore, it is necessary to create accurate and objective standards. Previously, the evaluation of bone density depends on dentist's subjective sensation during drilling procedure of implant. However, the HU(Hounsfield unit) figure of CT(computed tomography) scan allows of objective and precise categorization of bone density now. Misch and Kircos divided the bone density levels from D1 to D5 with subjective separation of bone density. Their method also depended on not objective and quantification data but subjective separation by sensation. Thus, we need the evaluation of implant area through comparative analysis of more objective and quantification data. Implant treatment comprises the highest frequency of medical disputes of dental clinic. If we bring objective checkup and reasonable treatment method in the implant treatment, we can deduce more reasonable results, and the failure late of implant treatment also can decrease. The ultimate objective of this study is the minimization of dental disputes between dental patients and dentists by creating new legal standards on the basis of objective and quantification data.

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Understanding the Legal Structure of German Human Gene Testing Act (GenDG) (독일 유전자검사법의 규율 구조 이해 - 의료 목적 유전자검사의 문제를 중심으로 -)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.85-124
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    • 2016
  • The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

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Changes of International Aviation Regimes (국제항공 레짐의 변화)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.55-89
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    • 2003
  • What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

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The Need for Modernization of the Tokyo Convention(1963) on the Issue of Unruly Passengers and the Inadequacy of Korean Domestic Legal Approaches (기내 난동승객관련 도쿄협약의 개정필요성과 한국국내법적 접근의 한계)

  • Bae, Jong-In;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.3-27
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    • 2012
  • Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

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