• Title/Summary/Keyword: 법정책

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The Future and Prospects of NFT Art : On the basis of Actor-Network Theory (NFT 아트의 미래와 전망 : 행위자네트워크 이론을 중심으로)

  • Cheon, Mi Lim;Kim, Hong Kyu
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.4
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    • pp.397-405
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    • 2022
  • NFT art is a new art formed based on NFT technology. This is attracting great attention in the existing art world and art market. Therefore, it is required to analyze whether NFT art can establish itself as a new area of art. Therefore, the formation and development process of NFT art is analyzed from the perspective of Actor-Network Theory of Science and Technology and Studies, and the case of NFT artist 'beeple' is a representative example. It also discusses the artistic value of NFT art and its relationship with traditional art networks based on the aesthetics of science and technology researcher Graham Harman. In particular, it analyzes the future and genre sustainability of NFT art through the case of NFT project "Cryptopunks" and "PUNKISM" advocating a new art genre. By analyzing NFT art with ANT, I would like to raise a technical, aesthetic, and philosophical questions and propose a positive prospect as a new art genre.

A Study on the Improvement of Compensation Regime for Oil Pollution Accident in Korea (유류오염사고 피해보상제도 개선방향에 관한 연구)

  • Na, Eun-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.2
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    • pp.104-110
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    • 2009
  • This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

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A Legal Proposal for Drought Damage Reduction (가뭄피해 경감을 위한 법적 정비 방안)

  • Yi, Young-Kune;Park, Sung-Je;Lee, Jong-Keun;Kim, Jae-Joon
    • Proceedings of the Korea Water Resources Association Conference
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    • 2010.05a
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    • pp.388-392
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    • 2010
  • 본 연구는 가뭄이 발생한 경우에 그 피해를 최소화하고 가뭄지역에 대한 적절한 행정적인 구제를 수행하기 위한 기본 연구로서의 성격을 가진다. 자연재해에 대한 대책으로서 자연재해대책법, 재난및안전관리기본법, 농어업재해대책법 등에서 몇몇 조항이 적용되고 있으나, 가뭄에 대한 대책으로서는 대단히 미흡한 실정이라고 할 수 있다. 특히, 가뭄의 특성상 피해지역의 특정이 어렵고 피해기간이 장기간에 걸치며, 가뭄 그 자체의 정의가 어렵다는 점 등이 가뭄피해 구제의 걸림돌이 되고 있다. 이의 해결을 위해서는 우선 피해구제의 관점에서 가뭄의 정의를 명확히 할 필요가 있다. 가뭄의 법적인 정의가 명확하지 않다는 것은 재난으로서의 가뭄을 인정할 것인지에 대한 판단이 모호하다는 것을 의미하며, 결과적으로 가뭄지역 선포 및 구제책의 지연을 초래할 수 있다. 가뭄에 대한 명확한 법적 근거를 마련함으로써 가뭄이라고 하는 자의적 해석이 강한 재해로부터 보다 합리적인 대응책의 마련이 가능할 것이다. 또한 피해구제의 관점에서도 공정하고 효율적이며 신속한 대응이 이루어 질 수 있을 것이다.

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Liabilities of Air Carrier Who Sponsored Financially Troubled Affiliate Shipping Company (항공사(航空社)의 부실 계열 해운사(海運社) 지원에 따른 법적 책임문제)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.177-200
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    • 2017
  • This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

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A study on 112 crime call system (112 범죄신고체제에 관한 연구)

  • Hwang, Hyun Rak
    • Convergence Security Journal
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    • v.12 no.5
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    • pp.23-32
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    • 2012
  • The police is responsible for protecting nation's property and life. Protecting nation from crime among the core duties is the most important activity of the police. But the big problem on reported crime system of the police was founded in the recent Suwon incident. Unfortunately, the unprofessional response made a toll of human sacrifice. Taking this opportunity, we need to consider closely the problems of the reported crime and system of the police and the solutions on the problems. This study analyzes the reported crime system of the police from the law and institutional and try to seek the solutions. This study searches the management status of the police system and arranges the problems in legal and institutional terms. And then, it arranges the solutions on the problems.

The Paradigm Shift of Intelligence Information Society: Law and Policy (지능정보사회에 대한 규범적 논의와 법정책적 대응)

  • Kim, Yun-Myung
    • Informatization Policy
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    • v.23 no.4
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    • pp.24-37
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    • 2016
  • An Intelligent information society means intelligent superconducting society that goes beyond information society where information is centered. Now that artificial intelligence is specifically discussed, it is time to start discussing the laws and systems for intelligent information society, where artificial intelligence plays a key role. At some point it may be too late to cope with singularity. Of course, it is not easy to predict how artificial intelligence will change our society. However, there are concerns on what kind of relationship should humans build with AI in the intelligent information society where algorithms rule the world or at least support decision making of humans. What is obvious is that humans dominating AI or ruling out AI will not be the answer. Discussions for legal framework to respond to the AI-based intelligent information society needs to be achieved to a level that replaces the current human-based legal framework with AI. This is because legal improvement caused by the paradigm shift to the intelligent information society may assume emergence of new players-AI, robots, and objects-and even their subjectivation.

Study on Policies for National Cybersecurity (국가 사이버안보를 위한 정책 연구)

  • Ham, Seung-hyeon;Park, Dea-woo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.21 no.9
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    • pp.1666-1673
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    • 2017
  • Republic of Korea is divided into South Korea and North Korea, creating military conflicts and social conflicts. North Korea is conducting cyberattacks against South Korea and has hacked South Korea's defense network. In the world of cyberspace, the boundaries of the borders are becoming obscured, and cyberattacks and cyberterrorism for cyberwarfare operate with digital computing connected to points, time and space. Agenda and manual are needed for national cybersecurity. Also, it is necessary to study national cybersecurity laws and policies that can create and implement nationalcyber security policy. This paper investigates cyberterrorism situation in North and South Korean confrontation situation and damage to cyberwarfare in the world. We also study cybersecurity activities and cyberwarfare response agendas, manuals and new technologies at home and abroad. And propose national cybersecurity policy and propose policies so that '(tentative) The National Cybersecurity Law' is established. This study will be used as basic data of national cybersecurity law and policy.

The Propose a Legislation Bill to Apply Autonomous Cars and the Study for Status of Legal and Political Issues (제4차 산업혁명 시대의 자율주행자동차 상용화를 위한 안정적 법적 기반을 위한 법정책적 연구 - 자율주행자동차 특별법 제정(안)을 중심으로 -)

  • Kang, Sun Joon;Won, Yoo Hyung;Kim, Min Ji
    • Journal of Korea Technology Innovation Society
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    • v.21 no.1
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    • pp.151-200
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    • 2018
  • At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

A Comparative Study on the Legal Responsibilities Classified by Time Slots and Educational Participants Using School Safety Accident Cases of Korea and China (한국과 중국의 학교안전사고 판례에 기초한 시간대별 및 교육주체별 책임에 대한 비교연구)

  • Piao, Li-Na;Lee, Il-Yong
    • Korean Journal of Comparative Education
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    • v.28 no.1
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    • pp.25-49
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    • 2018
  • The rate of school safety accident is increasing gradually. Recently bullying at school also became harsh, the number of related cases is increasing. The purpose of this study is to compare laws between Korea and China, to analyze law cases related with school safety accidents, and to suggest alternatives for the People's Republic of China. Total 80 cases were used. The research results are as follows. First, responsibility decision criteria of both countries are different because of related laws and regulations. Second, responsibility ranges of educational participants are different because of responsibility reversion principle and school safety accident policy. Third, through the results of comparison, prevention of school safety accident, preparation of legal ground, and supplement of present laws were suggested for the future of China.

Risk and Responsibility in Korean Tobacco Litigation: Epidemiology and Causality in Late Modern Risk (한국 담배소송에서의 위험과 책임: 역학과 후기 근대적 인과)

  • Park, Jinyoung;Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.15 no.2
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    • pp.229-262
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    • 2015
  • Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.