• Title/Summary/Keyword: 법률 규제

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A Study on the Enhancing of the Global Competitiveness of the Services of Tax, Law, and Accounting - Focusing on Multi-Disciplinary Practices(MDP) - (조세·법률·회계 서비스의 국제경쟁력 제고 방안 - 이종자격사간 동업(MDP)을 중심으로 -)

  • Son, Yun;Lee, Hak-loh
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.53-74
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    • 2017
  • There have been growing concerns that Korea's products keep losing their international competitiveness. It is necessary to restore strong muscles of manufacturing sectors. Together, efforts must be made to strengthen the competitiveness of service sector. While wide consensus has been reached on the necessity that Korea's service sector needs overhaul for stronger global competitiveness, it is rather difficult to witness any remarkable improvements. Insufficient performances might result from the protection of the captive markets by the interested parties. The research starts from the proposition that the introduction of MDP will bring down the barriers between the segmented services and promote competition. We provide theoretical analyses and report better performances of major countries which introduced MDP in their soils. Considering the reality, we propose that in the foreseeable future, a MDP in the areas of tax, law and accounting be introduced in Korea because these areas seem to create least conflicts of disciplinary duties due to public purposes. Broader MDPs in other areas may take some more time. There exist, however, some limitations. As MDP has not been officially introduced in Korea, it is almost impossible to directly compare the performances between the pre- and post-MDP in Korea. Data scarcity of business performances of companies also limits the study.

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The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

A Study on Legislation for the Efficient Management of Private Investigation(PI) Industry in Korea (탐정 산업의 효율적 관리를 위한 법제화 연구)

  • Jun Ho Sun;Sang Min Kim;Keon Ryeong Yeom
    • Industry Promotion Research
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    • v.8 no.2
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    • pp.157-164
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    • 2023
  • Since there are no related laws and regulations in the Korean private investigation industry, anyone can freely operate it if they report the business to the tax office. The reality is that companies hire PI to investigate rival companies and employees for specific reasons, as they generally rely on individual requests. The Korean PI industry is divided into two parts. The first are retired police officers and investigators who have experience in criminal investigation. The second are private citizen who can conduct investigation service activities runs a PI agency after everyone has registered with the tax office. It is no exaggeration to say that the current legal conflicts and legal problems that arise in the PI service cannot be ruled out because civilians are relatively less knowledgeable than PIs and legal experts. Therefore, in order for PI industry to operate stably in Korea, we will first study the concept and type of PI industry, comparative analysis of past PI laws, current status and reality of PI industry, and study the current status and references.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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How Does the Internal Colonialism of Local Broadcasting Work? Focusing on Governance Including the Appointment of CEO and Its Improvement (지역방송의 내부 식민지는 어떻게 작동하는가? 사장선임 등 지배구조 분석과 개선방안)

  • Kim, Jae-Young;Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.78
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    • pp.35-78
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    • 2016
  • This study pays attention to the assumption that the governance including the appointment of CEO is a key factor in the internal colonialism of local broadcasting. To evaluate the tendencies, it collects and analyzes the profile of CEOs, directors, and shareholders of the 17 regional affiliates of MBC and 9 local commercial broadcasting companies between the early and mid-1990s and 2015. It also discusses the local broadcasting personnel and its operations. By doing so, the study attempts to reveal how the internal colonialism of local broadcasting works. It finds out that the governance of regional broadcasters of MBC is controlled by the head office located in Seoul. At the same time, the governance of local commercial broadcasters is encroached by the tyrannical practices of major shareholders caused by the non-separation of ownership and management. These kinds of abnormal management of governance tend to constrain the investment on personnel and production. Finally, this study suggests some desirable directions of governance focusing on the appointment of CEO in terms of both legislative system and self-regulation. They include establishing a new proviso for programming protocols in local broadcasting, introducing a CEO & non-executive director nomination committee, and so forth.

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The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A legal study on a Street Performance (거리 공연에 관한 공법적 고찰)

  • Lee, Jang-Hee
    • Journal of Legislation Research
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    • no.55
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    • pp.7-56
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    • 2018
  • This paper deals with the legal meaning and issues of street performances. The key elements in the legal sense of street performances (or artistic performances) are 'public places' and 'artistic activities'. Therefore, as far as belongs to "artistic activities in public places", we can call them in principle as street performances regardless of its level of art, whether they are paid or not, size of performances or genre of artistic activities. Street performances are a way for anyone to freely participate and enjoy art by being performed on open places. In addition, street performances can be seen as more popular and democratic artistic acts than mainstream art culture in that anyone can become street performers. Although street performances are in vogue and becoming a universal cultural phenomenon, they do not appear to be legally organized yet. However, we don't have to strictly regulate street performances on the grounds that they are something different and special. Instead, they should let their street performances be freely performed and enjoyed in accordance with the constitutional law that guarantees the freedom of art or the freedom of artistic expression. Of course, it is necessary to modify the relevant laws on key issues raised regarding street performances. Finally, for street performances to be well established as cultural phenomenon, it should be harmonized that efforts to observe the law and orders by street performers, mature rituals and cultural tolerances of citizens who enjoy street performances, and efforts to realize the purpose of cultural countries and to promote street performances by governments.

The Welfare Effects of Advertising: The Economic Rationale for Regulation of Advertising (광고(廣告)의 후생효과(厚生效果) : 광고규제(廣告規制)의 경제적(經濟的) 논거(論據))

  • Lee, Kyu-uck
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.95-123
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    • 1990
  • Advertising, while providing a linkage between sales and consumption, helps promote rational consumption patterns by expanding the scope of information for consumers facing an ever-increasing array of consumption decisions. In so doing, advertising promotes competition among suppliers and sellers, thereby improving market transparency. Intrinsically, advertising can influence the instantaneous decisions made by consumers, and because of this peculiar feature of advertising, ensuring fair advertising practices is a policy issue of great importance. Concurrently, discerning whether the amount of advertising, which is determined by the profit motive of advertisers, is socially appropriate or whether this amount constitutes a waste of scarce resources is a necessary and indispensable consideration in establishing a public policy to respond to the mounting deluge of advertising. Although the Fair Trade Act and numerous other related laws are being enforced with regard to advertising, it may be difficult to say that a unified, practicable and logical basis for regulating the variegated and complex forms of advertising has been established. This paper examines the various theoretical arguments on the welfare effects of advertising as a rationale to justify regulation from the viewpoint of economics. In this manner, this paper helps define the essential nature of advertising and seeks to present a rational approach toward the regulation of advertising.

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Development of Spatial Database Management System for Land Management Information System(LMIS) (토지관리정보체계를 위한 공간자료관리 시스템 개발에 관한 연구)

  • 홍성학;김태현;조영동;장병진
    • Spatial Information Research
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    • v.9 no.1
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    • pp.107-124
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    • 2001
  • The purpose of this research is to develop system and to establish methodology for managing spatial Database in Land Management Information System(LMIS). Spatial Database which is used by a various public department such as parcel survey and registry, land use planning and Land value appraisal in local government, is composed of parcel map, topographic map and zoning map. Spatial data has been constructed and managed by various department and then hard to maintain accuracy and coinsistency. So, it is important to establish the basic data management concept that source data(ex : parcel map, topographic map, zoning map, etc.) should be managed by responsible department. at the same time, application data for bussiness (ex : individual parcel price map) must be recomposed from base map by it's own objects. This is, Spatial data management system (SDMS) should be designed, developed according to this concept for managing consistency among data, reducing construction and management cost of database. Our SDMS was developed based on Open LMIS middleware architecture using OpenGIS CORBA specification for standard interface, RUP(Rational Unified Process) for development methodology, UML(Unified Modeling Language) for system design and VisiBroker, C++, CAD system for system implementation.

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A Study on Regulations Through Analysis of the Status of Radiation Workers and Related Workers and Satisfaction Survey in the Radiology Department (방사선작업종사자 및 방사선관계종사자의 현황 분석과 교내 실습 만족도 조사를 통한 방사선(학)과의 규제에 대한 고찰)

  • Jung, Hyunseo;Lee, Yong-Ki;Ahn, Sung-Min
    • Journal of the Korean Society of Radiology
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    • v.16 no.3
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    • pp.327-334
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    • 2022
  • In this study, the purpose of this study was to conduct a basic study on the effectiveness and feasibility of the regulation of the Nuclear Safety Act for the department of radiology by examining the questionnaire on the satisfaction of on-campus practice while attending the department of radiology and the current status of radiation workers and radiation related workers. As for the satisfaction of the workers who were designated as frequent visitors while attending the department of radiology and did not handle and operate the radiation generator during on-campus training, 34.62% of the workers answered 'not satisfied'. On the other hand, 50% of workers who were designated as radiation workers while attending school or who were enrolled in school before the regulation of the nuclear safety act and handled and operated radiation generators were 'satisfied' at 50%. In addition, the annual exposure dose of radiation workers in educational institutions was found to be less than 0.05 mSv. If you look at the trends of radiation workers and radiation workers, it can be seen that students who graduate from the Department of Radiology find the most employment in the field dealing with diagnostic radiation generators registered as radiation workers among medical institutions. Therefore, by easing the regulations of the current Nuclear Safety Act or by amending the medical act and the rules on the safety management of diagnostic radiation generating devices, etc. It is presumed that something is necessary.