• Title/Summary/Keyword: 법제비교연구

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A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

Comparison of immune response and HPLC analysis for combination of Aconiti Lateralis Radix Preparata and Glycyrrhizae Radix (법제 부자와 감초의 배합 비율에 대한 HPLC 분석 및 면역 활성 비교 연구)

  • Lee, Jin-Ah;Ha, Hye-Kyung;Jung, Da-Young;Seo, Chang-Seob;Lee, Ho-Young;Shin, Hyeun-Kyoo
    • The Korea Journal of Herbology
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    • v.25 no.4
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    • pp.23-29
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    • 2010
  • Objectives : To investigate the immunological activities, we evaluated the combination ratio of Aconiti Lateralis Radix Preparata and Glycyrrhizae Radix (AG) on murine macrophage cell line (RAW 264.7) and ovalbumin/aluminium (OVA/Alum)-immunized mice. Methods : The cellular proliferation and the production of nitric oxide were examined in a macrophage cell line, RAW 264.7 cells, in the presence of the combination ratio of Aconiti Lateralis Radix Preparata and Glycyrrhizae Radix. C57BL/6 mice were immunized intraperitonially with ovalbumin/aluminium ($100{\mu}g/200{\mu}g$) on day 1, 8, and 15. The combination ratio of Aconiti Lateralis Radix Preparata and Glycyrrhizae Radix (1 g/kg/day) was orally administrated for 3 weeks. On day 22, splenocyte and plasma were collected for mitogen-induced proliferation, lymphocyte subpopulation by flow cytometry and measurement of AST (Aspirate aminotransferase), ALT (Alanine aminotransferase), and antibodies (OVA-specific antibodies of the IgG, IgG1, and total IgM classes). Results : Aconiti Lateralis Radix Preparata treatment had no influence on immune responses. The proliferation and NO production of macrophage and proliferation of splenocyte were increased as the higher ratio of Glycrrhizae Radix. The proliferation of splenocyte, lymphocyte subpopulation and production of antibody (total IgM, OVA-specific IgG and OVA-specific IgG1) were increased as the higher ratio of Glycrrhizae Radix on OVA-immunzed mice. Conclusions : These results suggest that the higher ratio of Glycyrrhizae Radix can increase immunological activities such as NO production in RAW264.7 cells, splenocyte proliferation and immunoglobulin production in OVA-immunized mice.

A Comparative Study on the Forest Therapy Policies of Japan and Korea (일본과 한국의 산림치유사업과 육성정책의 비교·연구)

  • Bae, Young Mok;Lee, Yeonho;Kim, Sang-Mi;Piao, Ying Hua
    • Journal of Korean Society of Forest Science
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    • v.103 no.2
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    • pp.299-306
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    • 2014
  • Japan and Korea have developed forest therapy policies, but their policies differ in several respects. First, Forest therapy projects are managed by local governments and residents in Japan, while they are operated by Korea Forest Service. Second, Japan adopts the certification system of forest therapy areas, emphasizes medical and scientific evidences, maintains the quality of forest therapy by inducing competitive participation of local governments and residents, and cultivates forest therapists through Forest Therapy Society. In contrast, Korea has adopted the licence system, improved institutional framework, and cultivated therapists, but it is at early stage. Third, Japanese forest therapy policy aims at regional development of the mountain villages, overlapping with other local policies. However, in Korea, the primary policy goal is to expand forest services and thereby having its own policy framework and being promoted strongly.

The Law Regarding International Marriage Migrant Women from the Perspective of Human Rights and Social Integration (인권과 사회통합관점에서 본 여성결혼이민자 관련법)

  • Wee, In-Baek
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.317-327
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    • 2011
  • This study examined with a view to legal system how to get over the adaptation problem as well as protection of human right about the cases of marriage immigration have sharply increased in Korea through Globalization and this brought about serious matters to multi-cultural families : disguise marriage, contract marriage, frequent divorces, especially conflict, violence, maltreatment of couple is guaranteed efficiently include against mankind universal value regardless of race, class, region undergoing farm village female marriage immigrants by cultural difference. This study is when the families of the marriage immigrants are left unattended in the state of the crisis, it definitely seems to be a serious obstacle for social integration and cost vast social expense. Therefore, I suggest the problems of multi-culture family support law and improvement plans for Marriage bureau agency management law and nationality Act through a comparative method about legislation of each country which has dealt with a phenomenon called 'multi-cultural Society' and fact-finding of female marriage immigrants in Gwang-ju Metropolitan City, professing "the city of human right".

A Study on the Current Status and Responses System of Child Abuse

  • Lee, Young-Woo;Jang, Su-Yeon
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.7
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    • pp.109-114
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    • 2022
  • Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

Legal meaning and limitations of 'right to use a dam' (댐사용권의 법적 의미 및 한계)

  • Lee, Young Kune;Lee, Gyoungmin
    • Proceedings of the Korea Water Resources Association Conference
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    • 2022.05a
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    • pp.77-77
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    • 2022
  • 댐건설관리법 제2조제3호에서 댐사용권을 '다목적댐에 의한 일정량의 저수를 일정한 지역에 확보하고 특정용도에 사용할 수 있는 권리'로 규정하고 있다. 즉 댐사용권을 설정할 수 있는 법적인 객체는 다목적댐에 한정된다고 할 수 있다. 이러한 댐건설관리법 상의 규정은 다목적댐만이 오롯이 댐사용권을 설정할 수 있는 특혜적 권리로 인정되고 있다. 댐용수와 하천수의 관계를 구분함에 있어서 댐건설관리법상 저류된 물은 댐건설로 추가로 확보된 하천수를 국가가 배타적인 물권적 권리인 댐사용권이라는 권리를 설정함으로서 하천수와 구별하고자 하는 주장이 하천행정 및 학계에 있어서 광범위한 지지를 얻고 있는 이유이다. 한편 하천수는 하천의 지표면에 흐르거나 하천 바닥에 스며들어 흐르는 물 또는 하천에 저장되어 있는 물을 의미(하천법 제2조제8호)하는데 댐용수와 하천수의 구분에 관해서도 이렇다 할 법적인 기준은 존재하지 않는다. 댐용수에 관한 법률 규정이 없기 때문이다. 그러나 대부분의 경우댐용수 역시 하천수의 일종으로 보는 것이 다수 의견인데 이러한 구분의 모호함 역시 댐사용권의 설정에 따른 구분의 모호함에서 비롯된 사항이라고 보인다. 본 연구에서는 다목적댐에 대해서만 설정할 수 있는 댐사용권이 가지는 의미에 대하여 새로운 법적 해석을 시도한다. 다목적댐 외에도 우리나라에서는 하천의 저수를 일정한 지역에 확보하고 있는 수많은 댐이 존재한다. 즉 댐건설관리법은 그 자체로 왜 다목적댐에 대해서만 댐사용권의 설정이라는 특혜적 권리를 부여하고 있는지에 대해 아무런 설명을 하고 있지 않다. 이 문제를 규명하기 위하여 댐건설관리법의 모체인 특별다목적댐법의 입법목적을 검토하고, 이의 모체가 된 일본의 특정다목적댐법과의 비교·분석을 수행한다. 이를 통해 댐사용권의 진정한 법적인 의미를 규명하고 댐관리 법제의 현실을 명확하게 파악하고자 한다.

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A Comparative Study between Space Law and the Law of the Sea (우주법과 해양법의 비교 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.187-210
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    • 2009
  • Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

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A Study of the Research the Right to be Forgotten from 2010 (잊힐 권리에 관한 연구동향 분석: 2010년 이후 국내 연구를 중심으로)

  • Shim, Mina
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.4
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    • pp.1073-1084
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    • 2016
  • The purpose of this study is to present the correct direction of research in related fields by analyzing the trends in the domestic study right to be forgotten. In this study, the final selection of 80 pieces of research papers in various disciplines to search for the study and were analyzed by setting the seven criteria and three research questions. Results, notice that significantly increase the amount of research around the social sciences, starting with the EU rules(draft) has been published in 2012, and around the problem navigating the Law oriented research actively done through a literature review and legal research methods can. Intensive study of the protected rights and the conflict in time towards the latter subject was also increased. The right to be forgotten when considering that big data, digital information such diverse and complex technical issues (service), which still lacks support the implementation of the rights ithil research is desperately needed to know the future with the realization that the scope and research methods. The purpose of this study is to present the research direction of the limits intended for domestic research, but realize effective right to be forgotten by future foreign comparative analysis.

Effect of Inclusive Institution on Economic Development : Focus on the institutionalization of the game industry in Korea and Germany (포용적 제도가 경제발전에 미치는 영향 : 한국과 독일의 게임산업 제도화를 중심으로)

  • Seok, Seung-Hye;Shryu, Seung-Hoo
    • Journal of Korea Game Society
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    • v.15 no.5
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    • pp.57-78
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    • 2015
  • This Study is the effect of the inclusive institution on a nation's economic development. Therefore, we focused on the gaming industry as an index that can drive the economic growth in the future. The reason to compare the game institution in South Korea and Germany is that both countries began to develop the game by the State, but the game institution in South Korea and Germany at the present time are sharply opposed, because the institutions can focus on the main points that are experiencing this difference. The results of this study, first, open/closed network in institutionalized aspect affects the social status of the game. This second, game workers in the legal institution has been classified as artists in Germany, as addicts in South Korea. And, Germany also has incentives to creators protected profits reinvested in the gaming industry, Korea leads to punitive exploitation is being transferred to the group for addiction treatment that revenue. Third, this exclusive and inclusive institutional system could affect the stable growth of the game market. As a result, South Korea's state institutions will notice that you get a result away from opportunities for economic development due to the loss of inclusiveness.

A Study on the Status of Ordinances Related to the Private Records (민간기록물관리에 관한 조례 현황 연구)

  • Lee, Jung-eun;Kim, You-kyung;Kim, Geon
    • The Korean Journal of Archival Studies
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    • no.64
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    • pp.119-155
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    • 2020
  • The records management system in Korea has a short history of about 20 years. However, the system is relatively stable. This compressed development has been mainly in public records. This is because the laws and regulations related to private records management were insufficient. Fortunately, Two local permanent records management institutions have recently been established. Therefore, interest in the management of local records has been growing. The Management of private records is an important part of the management of local records. The collection of private records is based on ordinances established by local governments. This study aims to analyze the ordinances of local governments, which are the legal basis for the collection and management of private records. The subject of analysis is the ordinance related to the management of private records that are currently established in Korea. The progress of the study analyzed the current state of the ordinance, the background of the ordinance, and the contents of the ordinance regarding the management of private records. The results of this study can be used as basic research for reference in the enactment of the ordinances related to the management of private records in the future since the ordinances for collecting and managing private records in Korea targets.