• Title/Summary/Keyword: 입법모델

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Missing Children Policy in Korea: A Legislative Model for Korean Code Adam Alert (한국형 코드아담제도 도입을 위한 입법모델 연구)

  • Lee, Sung Yong;Kim, Hakkyong
    • The Journal of the Korea Contents Association
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    • v.12 no.12
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    • pp.179-191
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    • 2012
  • In 2003, the US Congress enacted the Code Adam Act of 2003. The Act was so-named in memory of six-year-old Adam Walsh, who was abducted from a Sears department store in Florida and was later found murdered in 1981. According to the Act, the designated authority for a public building must establish procedures for locating a child missing in a federal facility in the USA. In this context, the study basically aims to propose a legislative model for a missing children policy in Korean multi-use facilities, critically analyzing the US Code Adam Act. Unlike the Act, the proposed Korean bill requires all multi-use facilities beyond a certain size, including private buildings, to arrange a feasible missing child procedure on their own premises. The bill can impose an administrative fine on facilities which don't have the procedure in place, and further can make the list of the facilities known to the public. In order to encourage voluntary participation from the private sector, the bill finally suggests the Voluntary Certification Scheme through which participating business can take advantage of the certification logo commercially.

UNCITRAL과 전자상거래

  • Nam, Gwang
    • Digital Contents
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    • no.11 s.54
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    • pp.22-37
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    • 1997
  • 세계 각국에서는 전자상거래 방식을 시행하거나 시행할 계획에 있어 관련된 입법문제는 커다란 관심사이다. 따라서 상거래 관련법 통일을 주임무로 하는 현재 관련 모델법 논의가 어떻게 진행되는지 살펴보고자 한다.

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Meteorological Preprocessor Validation of Atmospheric Dispersion Model (대기확산모델의 기상전처리과정의 타당성 평가)

  • 김미숙;주철균;이종협
    • Proceedings of the Korea Air Pollution Research Association Conference
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    • 2003.11a
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    • pp.137-138
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    • 2003
  • 한국 환경부가 지원하는 대기오염확산모델 SKYi는 통합환경관리의 일환으로서 대기오염배출규제강화와 미래 대기질의 예측뿐만 아니라 환경관리의 입법적인 수행을 목적으로 개발 중에 있다. SKYi는 기상과 배출 그리고 지형에 대한 전처리과정의 서브프로그램과 연결되는데, 본 연구는 기상전처리과정의 모듈 SKYME 개발에 중점을 둔다. 이는 기상전처리모듈에서 산출된 혼합고도와 같은 기상인자가 대기오염확산의 물리적인 특성으로서 효율적인 대기오염농도예측에 중요한 역할을 하기 때문이다. (중략)

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Characteristics of Lifelong Learning Policy and Developmental Tasks of South Korea (한국 평생교육 정책의 유형화와 발전과제)

  • Choi, Don Min;Kim, Hyunsoo
    • Korean Journal of Comparative Education
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    • v.28 no.5
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    • pp.47-69
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    • 2018
  • The purpose of this study is to classify the lifelong learning policy implementation process of lifelong learning in Korea according to the policy making decision models and to suggest developmental tasks. Korea's lifelong learning policy came to a full-fledged start with the enactment of the Lifelong Education Act in 2000. The Lifelong Education Act proposed the establishment of an open educational system as a strategy to realize the lifelong learning society. According to the Lifelong Education Act, the Korean government has developed several lifelong education policies such as providing learning opportunity for the underprivileged, facilitating lifelong learning city project, building lifelong learning culture, recognizing of experiential learning result, funding lifelong learning hub university, launching lifelong learning supporting administrative etc. The Korean lifelong system is characterized as Allison's (1971) governmental/bureaucratic, Ziegler and Johnson's (1972) legislative, Griffin's(1987) social control and Green's (2000) state-led models which make policy through the coordination between the government and the parliament and control bureaucratic power and educational qualifications. Lifelong learning policies should be managed in terms of supply and demand at the learning market. In addition, the state has to strengthen lifelong learning through supporting NGOs' activities and adult learners' tuition fee for the disadvantaged group of people.

Legal Problems of Hyperlink under Copyright Act (하이퍼링크의 저작권법적 문제 -해외판결을 중심으로-)

  • Kim, Inchul
    • Proceedings of the Korea Contents Association Conference
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    • 2017.05a
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    • pp.175-176
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    • 2017
  • 현대사회에서 인터넷 이용은 인간으로서 기본적인 삶의 문제가 되어 매일 인터넷을 이용하지 않는 경우는 것의 없으며, SNS를 사용하면서 거의 매일 하이퍼링크를 하고 있다. 그러나 이러한 하이퍼링크가 합법적으로 업로드된 저작물에 연결되는 것에 대해서는 별로 문제가 되지 않지만, 불법적으로 업로드된 저작물에 링크를 하고, 이러한 링크를 관리하여 수익모델을 가지고 있는 개인 및 기업의 증가로 대한민국뿐만 아니라, 전세계적으로 저작권법적인 문제가 되고 있다. 본 논문에서는 미국, EU, 대한민국의 판례를 간략하게 정리하고, 현재까지 판례를 비판하며, 입법론을 제안해 보고자 한다.

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Efficiency Improvement about Digital Evidence Investigation in Korea (우리나라 디지털 증거수사의 효율성 증진방안)

  • Kang, Maeng-Jin;Kim, Joung-Gyu
    • The Journal of the Korea Contents Association
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    • v.7 no.2
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    • pp.180-190
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    • 2007
  • Recently investigation institutions have found the clue leading to solution of the problem by digital evidence. Digital medium is used extensively in real life. Accordingly, offender is leaving from traces of crime to digital form. But, Korea's digital evidence investigation is low level yet. Definite legislation about digital evidence is not readied in present our country. And professional investigation manpower about digital evidence is insufficient. These problem may have to be supplemented urgently. Systematic, technological supporting is required. Specialize and discussed digital evidence investigation's controversial point and capacity reinforcement way for efficient confrontation in cyber crime who is diversified gradually in text.

Employment Protection Legislation Concerning Service Provision Change in Great Britain (노무용역 공급업체의 변동에 관련된 영국의 고용보호 법제)

  • Cho, Kyung-Bae
    • Journal of Legislation Research
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    • no.44
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    • pp.655-688
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    • 2013
  • Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

전략적 성과측정을 위한 공공기관의 동적 균형성과지표 모델 개발

  • Kim, Jong-Tae;Park, Sang-Hyeon;Yeon, Seung-Jun;Kim, Sang-Uk
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.837-842
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    • 2007
  • 일반기업에서 성과측정이 매우 중요시되는 것과 마찬가지로 공공환경의 복잡한 변화와 함께 공공기관에서도 성과측정이 중요시 되고 있다. 이에 따라 공공기관에서는 무형자산의 중요성을 인식하면서 성과측정과 관리의 수단으로 균형성과지표(Balanced Scorecard)를 도입하고 있다. 그러나 균형성과지표는 일반기업의 성과측정을 위해 고안된 방법론으로 공공기관의 특성을 반영할 수 있도록 변형되지 않고서는 공공기관에 그대로 도입되어 사용될 수는 없다. 더욱이 기존의 BSC는 '시간지연(time delay)'을 가지고 있는 지표들간의 상호작용 및 상호 의존성을 반영하지 못하고 있으며, 지표들간의 피드백을 유발하는 인과관계를 간과하고 있다. 따라서 본 연구에서는 핵심지표들간의 상호작용 및 관계성의 설정과 새로운 정책이나 입법과정에서 발생할 수 있는 '시간지연'에 의한 영향 등을 반영하고자 시스템다이내믹스(System Dynamics)와 시스템사고를 적용, 공공기관, 성과측정에 적합한 Dynamic BSC 모델을 개발하고자 한다.

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A Study on Modernization of International Conventions Relating to Aviation Security and Implementation of National Legislation (항공보안 관련 국제협약의 현대화와 국내입법의 이행 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.201-248
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    • 2015
  • In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

Challenges and outlooks Following to the Interoduction of adult Guardianship System (성년후견제도 시행에 따른 과제와 전망)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.157-164
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    • 2013
  • Current in Korean Civil law, it regulates the Limited Guardianship and Specific Guardianship as an incompetent person. And as amending the Civil Law, the New Adult Guardianship System passed by the National Assembly on February 18 and it will be fully implemented from 1 July 2013. Therefore, in current law, the supplementation for various disqualifications about quasi-incompetence and incompetence is need. Because, the system of quasi-incompetence and incompetence will abolished from July 1. Thus, for the successful implementation of the Adult Guardianship System, laying the various legal groundwork and should be maintenance as soon as possible the each legislation associated with the revision of the Civil Code to fit the purpose of the New Guardianship System. So, in this paper, it will examine the several ways to amend the disqualification due to the introduction of the limited guardianship, adult guardianship system and prepare the reasonable legal model.