• Title/Summary/Keyword: 법적 검토

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A Comparative Legal Review of Fight against Coastal Erosion in Korea and France (한국과 프랑스의 연안침식 대응에 대한 비교법적 검토)

  • Kwanseon Jung
    • Ocean and Polar Research
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    • v.45 no.4
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    • pp.219-228
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    • 2023
  • One reason for the constant change of coastlines is related to natural factors such as waves, tides, changes in ocean currents, and sea level rise, and another reason is with regard to artificial factors such as man-made structures in coastal areas. The recent intensification of climate change is accelerating common efforts around the world to cope with the phenomenon of beach regression. Korea designates Coastal Erosion Management Zones under the 'Coast Management Act' to mitigate its coastal erosion. France, on the other hand, enacted the 2021 Climate Act that promotes adaptation to territory due to beach regression, while gradually limiting development activities at the urban planning level according to the proximity of the coastline through Loi Littoral (The French Coastal Law). This paper reviews the coastal erosion management legislation of both countries, derives implications for legislation in Korea based on an assessment ofFrench legislation, and presents an improvement plan.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.175-204
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    • 2018
  • Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

Framework of seismic design specification for telecommunication (통신설비 적용 내진 규격기준 프레임워크)

  • Lee, Sang-Mu;Cho, Pyung-Dong
    • Journal of the Earthquake Engineering Society of Korea
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    • v.12 no.2
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    • pp.45-52
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    • 2008
  • The telecommunication facilities by the basic law of telecommunication were added to the protection law against natural disasters as a scope of seismic design application on January 2007 since legal regulation had been reinforced in our country as in the circumstance that earthquakes are now frequently occurred in several areas over the world. This paper handles an establishing provision of concrete seismic design specification for applying to telecommunication facilities. For this purpose, this paper classified the parts of telecommunication facilities as being the correspondents to apply seismic design and analyzes the procedure of the design specification of building structure as the part of building construction law as a basic reference for seismic design application. And the method of introducing the foreign specification is presented. Thereon seismic design measures to be introduced into legal regulation are suggested for telecommunication service endurance against earthquake.

Social Constructive Analysis and Implication on the Korean Child Protect System (한국의 아동보호사업에 대한 사회구성주의적 접근과 함의)

  • Kim, Hyunok
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.91-114
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    • 2013
  • The purpose of this study was to draw social constructive implications for the child protect system(CPS) in Korea. As the value of social constructivism for child protect system, the participation and the negotiation were identified through theoretical research. And this paper examined how the participation and the negotiation were done in other government's child protect policies. In addition, the focus group members were interviewed. 11 child protect practitioners and researchers were interviewed about the problems of child protect system, law and policies, and they discussed how the participation and the negotiation were done in Korean child protect system. The result of the discussion were as follows. The democratic relationship must be reconstructed through the participation and negotiation in CPS, Korea lacks of legal basis to force the abusers to participation. And in our country, negotiation parties for children cannot be recognized. Finally, the amendment of the law and regulations concerned with the child protect system were proposed based on the FGI's discussions.

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The application of digital forensic investigation for response of cyber-crimes (사이버범죄의 대응강화를 위한 디지털 포렌식 수사 활용방안)

  • Oh, Sei-Youen
    • Journal of Digital Convergence
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    • v.13 no.4
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    • pp.81-87
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    • 2015
  • This study will show the digital forensic model which fights against cyber-crimes to prepare various cyber-crimes. The digital forensic model will be more useful about the investigation of cyber-crimes and arresting criminals after researching the uses of the digital forensic model and cyber-crime rates in South Korea. This model conduct the standardized data with various languages by the language support system through the digital forensic analyzer. This model will send the data to law enforcement reviewing whether or not we ought to prove criminal charges. Moreover, law enforcement can access the file system to find out admissibility of evidence. And this model simplifies lawful investigation about additional investigation. The data, which is conducted and saved by the digital forensic system, will be helpful to protect against the future crimes because of the data.

An advanced nation's case study considering integrated control for construction work quality.safety.environment (건설공사 품질.안전.환경 통합관리를 고려한 해외 사례 고찰)

  • Kim, Dong-Hee;Kim, Woon-Soo;Jeong, Han-Gyo;Noh, Joung-Won
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.819-823
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    • 2008
  • Currently, the quality management, safety management and environment management of domestic construction work does not form a infrastructure for integrated control which have been developed according to the unique characteristics based on respective the law. In other words, the quality manager and safety manager of human resources is set to a legal arrangement personnel, but environment manager of human resources is not. In addition, quality management standard is to perform the work to PDCA(Plan-Do-Check-Action) system which is reflected in all of the requirements of KS A ISO 9001 standard, but safety management plan and hazard harmfulness prevention plan are not properly reflected P(Plan), C(Check) and A(Action) system and focusing on only 4 section Do(D) in KOSHA 18001 standard requirement. Moreover environmental management plan is not even established requirement. Through examining the operation practices of an advanced nation prior to building the integrated control standard for construction work qualify safety.environment, the possibility of applying domestic is reviewed, and then this study is going to research the operation practices of Singapore.

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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.

A Study on the Improvement of Industry-Academia Technology Holding Company (산학협력기술지주회사의 운영현황과 개선방안 연구)

  • Do, Kyehoon;Um, Ikcheon
    • Journal of Korea Technology Innovation Society
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    • v.16 no.1
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    • pp.367-389
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    • 2013
  • The Industry-Academia Technology Holding Company has been established and operated in universities for supporting technology transfer and promoting commercialization since 2008. In the meantime, necessity for operating and methods for vitalizing of the Industry-Academia Technology Holding Company, reviews for legal and institutional requirements and case studies have been performed in various ways. However, a comprehensive actual survey for overall operation of the Industry-Academia Technology Holding Company was insufficient for researchers of universities who were participating in National R&D programs and the projects for the S&T policy. In particular, this is the very time for an interim and overall review now that it has been 5 years since the Industry-Academia Technology Holding Company was introduced. Accordingly, the comprehensive surveys and interviews were conducted on the status of driving the project by the Industry-Academia Technology Holding Company in this study. Based on this analysis result, we have suggested the improvement of Industry-Academia Technology Holding Company in three different ways - (1) expanding the basement of technological business development in universities (2) improving legal and institutional support system, and (3) expanding elites of organizations and securing responsibilities.

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Legal Theory on the Possession and Utilization of Patents in Cooperative National R&D Programs (국가공동연구개발 특허의 귀속 및 활용 법리)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.11 no.4
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    • pp.532-562
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    • 2008
  • Recently, one of the issues to be discussed from the viewpoint of product management in National R&D Programs is about the management of intellectual property produced by joint research and development. According to existing legislative system, the main R&D institute and collaborative enterprise own the patent produced by joint R&D activities together at the rate of investment. But, there are many discussions if that is right in legal principles and in substance. Patents by Cooperative National R&D Programs are very different from common patents because of its characteristics and have scheme controlled complexly by related laws and ordinances. This paper aims to review the legal theory on the possession and utilization of patents produced by Cooperative National R&D Programs, and to try to find out the improvement of existing legislative system. For this purpose, after looking into the meaning and the legal system of Cooperative National R&D Programs, and examining the ruling theory on the possession and utilization of co-invented patent, finally research the problems and improvement of existing related legislative system.

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