• Title/Summary/Keyword: 법률적 당위성

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An Inquiry of properness and Legal Bases about the Embalming in Korea (엠바밍(Embalming)의 법률적 상당성에 관한 연구)

  • Hwang, Kyu-Sung;Jin, Sang-Myoung;Kim, James;Kim, Jeong-Lae
    • The Journal of the Convergence on Culture Technology
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    • v.2 no.3
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    • pp.9-14
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    • 2016
  • Embalming is process of chemically treating a dead body to reduce growth of microorganisms and retard organic decomposition. Embalming is contemporary preservation and includes skin incision and preservative fluid injection of blood vessels. That the preparation, embalming and final disposition of a dead body should be attended with appropriate legal bases and properness, having due regard and respect for the care of the human body. The necessity of embalming on legal base is present but it has not been studied in Korea. We propose the legal bases about the embalming that is based on the related law associated a dead body in Korea. We aim to have legal reason for the embalming and embalmer.

Ecotourism Planning Framework for Korean Rural Communities (II) - A Case Study in Woopo Area, Changryounggun, Korea - (농어촌지역의 생태관광지 육성을 위한 계획모형(II) - 경남 창녕군 우포지역에서의 사례연구 -)

  • 유기준;이경재;오구균
    • Korean Journal of Environment and Ecology
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    • v.12 no.2
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    • pp.163-173
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    • 1998
  • The objective of this study was to develop an ecotourism planning model for Woopo area in Changryoung-Gun, Korea. To accomplish this objective, Ecotourism Planning Framework that was established from a previous study was applied into the study area as a case study. As a result, there was proved the necessity and justification of ecotourism development in Woopo area. Based on results in the basic environment survey, ecotourism themes were determined, then, space planning for proper facilities and programs was presented in this study. However, difficulties from public sections such as administrative, legal, and financial limitations must be considered in order to apply a master plan presented in this study into Woopo area.

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공익성 통합교육 포털사이트의 사회적 필요성 및 발전방향 연구

  • Won, Dal-Su;O, Jae-In
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.39-44
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    • 2007
  • 본 연구는 국내 장애아 통합교육의 환경에서 통합교육의 특수성과 교육주체들의 현실적 한계를 고려할 때, 온라인 통합교육 지원 인프라의 구축이 필요함을 전제로, 장애아의 통합교육 지원을 위한 공익적 성격의 통합교육 포털 사이트의 사회적 필요성을 연구하고, 국내 특수교육 및 통합교육 관련 온라인 사이트의 사례분석을 통해 장애아를 위한 통합교육 포털의 발전방향을 제시하였다. 공익성 통합교육 포털 사이트의 사회적 필요성 측면은 통합교육의 사회적 당위성을 바탕으로 국내 특수교육 관련 법률 및 장애인 교육실태의 의미와 연계하여 제시하는 동시에 교사, 장애아, 장애아 부모로 구분한 교육주체별 통합교육의 현실적 한계성을 공익성 통합교육 포털 사이트의 사회적 필요성과 연결하여 제시하였으며, 이러한 필요성에 입각하여 장애아 교육 및 통합교육 관련 웹사이트의 비교/분석을 통해 통합교육 포털 사이트의 향후 발전방향을 제시하였다.

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데이터베이스와 디지털콘텐츠의 법률 문제

  • Kim, Yun-Myeong
    • Digital Contents
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    • no.11 s.126
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    • pp.96-105
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    • 2003
  • 디지털콘텐츠와 데이터베이스의 상호접근점을 찾을 수 있는 것은 디지털콘텐츠 자체가 여러 분야의 데이터의 집합임과 아울러 정보서비스를 통해 제공되는 내용물의 구성체가 바로 데이터베이스이기 때문이다. 그렇지만 이러한 보호의 기본적인 전제는 저작권법리가 구성될 수 있는 요건의 명확화라고 할 것이다. 또한 데이터베이스가 보호돼야하는 당위성에 대한 명확한 이해 없이는 데이터베이스에 대한 보호의 논의자체가 부정될 수 있을 것이다. 즉 쉽게 말해서 데이터베이스를 왜 보호하는가에 대한 논의라고 하겠다. 정보산업의 기간이 되고, 인터넷 등 네트웍을 통한 전자상거래가 활성화되면 자연 유통되는 정보자체가 디지털콘텐츠 형태의 데이터베이스가 될 것이다. 각국의 정보산업에 대한 구체적인 수치를 제시할 수는 없지만, 그 중에서 데이터베이스가 차지하는 부분은 상당할 것으로 예견되기 때문이다. 특히 디지털콘텐츠 내지 데이터베이스는 정보산업에서 문화산업으로의 범주가 확대되고 있는 상황 하에서, 문화적 종속을 제어할 수 있는 법제도적 장치로서의 역할도 기대된다고 할 것이다. 이러한 복합적인 요인이 바로 데이터베이스의 보호에 대한 문제 제기와 필요성이다. 더욱이 데이터베이스는 많은 경우 구성하는 콘텐츠의 선택과 결합하는 데 있어서 기술, 노력 및 경험 등이 요구되고, 기술 등의 발전으로 비용 등의 지불 없이 복제가 가능하기 때문에 법적인 보호 등이 요구된다.

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

A Study on Legal Argument to the Overstorage Charge on the Long Storage Containers (장기체화 화물에 대한 경과보관료 적용에 관한 법률쟁점 - 부산지방법원 2011. 8. 18. 2009가합14442 판결 평석 -)

  • Ji, SangGyu
    • Journal of Korea Port Economic Association
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    • v.28 no.4
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    • pp.275-298
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    • 2012
  • Terminal operators have provided special services such as loading, discharging, stowage of cargo to the owner, and carriers of the sea, which contribute the domestic and international logistics. For smooth flow of logistics, container terminal should reserve spaces for inbound and outbound logistics. However, if it is unable to provide the spaces, which can be caused by labour strikes or terminal lockouts and so on, national logistic system and financial management of terminal operators can be seriously affected. In order to minimize these kinds of problems, terminal operators impose high rate of charges ("overstorage charge") to the accumulated cargoes and/or containers, which are stipulated in terminal service agreement. Nevertheless, if there is no terminal service agreement with an owner of cargo and/or container, any kind of charge can cause legal problems (conflict ??) between the cargo and terminal operator. In this regard, I would like to study on the definition of overstorage charge and the legal issue of it based on the Busan district court's judgment. In particular, I will propose a special right of commercial lien and public auction for terminal operators to settle accumulated cargoes in container terminal.

A Study on the Effectiveness of Blockchain and Legal System and Policy Tasks for SMEs (중소기업의 블록체인 적용효과와 법제도 및 정책적 과제에 대한 융합적 연구)

  • An, Myeonggu;Park, Yongsuk
    • Journal of Convergence for Information Technology
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    • v.9 no.7
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    • pp.14-24
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    • 2019
  • It is necessary to look into multiple subjects, such as effectiveness, laws and polices of blockchain in order to easily accept blockchain technology in small and mid-sized enterprises(SME). This study analyzes the positive effects of applying the block chain to SMEs, examines the laws and policies required to apply them, and identifies the tasks. As a result, we confirmed that it can create positive effects such as optimizing supply chain management, simplifying import and export process documents, improving product quality, facilitating flow of funds, and improving transaction reliability. Also, we confirmed that it is necessary to improve the basic law of electronic transaction, electronic commerce law, electronic financial transaction law, personal information protection legislation, and needs policy supplement for platform development, education system for SMEs, transaction standardization guidelines, tax reduction policy, and block chain research and development. More extensive practical research and specific individual legal studies are needed in the future.

Research on Success Factors of Enterprise Architecture(ITA/EA) through Policy Standardization (엔터프라이즈 아키텍쳐(ITA/EA)도입에 따른 정책 표준화를 통한 성공적 요인에 관한 연구)

  • Lee, Jun-Yerl;Jung, Byeong-Soo
    • Journal of the Korea Society of Computer and Information
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    • v.13 no.1
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    • pp.273-281
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    • 2008
  • In a knowledge-information based society, effective management across IT industries, value of information and interoperation are more important than eyer before. Therefore, ITA/EA which helps to plan and manage IT systematically and effectively, was enacted and announced in 2005 and has been considered as an innovative IT management approach. Unfortunately, however, new standardization of ITA/EA has not fully discussed yet. How to successfully apply EA/ITA to IT is considered as the most urgent challenge and this study aims to find out the most effective method. To this end, it was emphasized that training systems for specialized experts must be operated systematically through 'standardization of terms and tasks' and 'standardization of manpower training' and certification of specialty must be newly established. In addition. it was strongly demanded that dual structure caused by mixed concepts between ITA and EA must be eliminated. At the same time. a new model for domestic standardization was suggested so that not only ITA/EA can be recognized as IT engineering but also professional engineers can accept ITA/EA as a scientific field. In summary, this study is intended to propose how to improve information management efficiency through ITA/EA.

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Legal and Technical Issues of Using Location Information for Police Rescue (경찰 위치추적권 활용의 법적·기술적 문제와 개선방안)

  • Park, Kwang-Ju;Jang, Yun-Sik;Park, Ro-Seop
    • Korean Security Journal
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    • no.53
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    • pp.211-228
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    • 2017
  • In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

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