• Title/Summary/Keyword: Applicable Laws

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A Review of the Legal Nature that Users of the Virtual Currency Exchange Obtain and the Compensation Responsibility for the Damages Caused By Internet Problems or Network Errors (가상통화거래소 이용자가 가지는 법적 성격과 전산장애로 인한 손해배상 책임 연구)

  • Choi, JangWon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.11
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    • pp.287-294
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    • 2018
  • This thesis covers legal aspects of the crypto-currency exchange and the legal rights of crypto-currencies holders. Unlike financial markets in which central authorities or intermediaries determine the validity of transactions and manage records, crypto-currency markets utilize a decentralization system based on block chain technology. Such distinct characteristics distinguish crypto-currency from currency, notes, or financial instruments. Therefore, we need to check closely the legal principles that are applicable to crypto-currency. Crypto-currency users possess rights indirectly through the crypto-currency exchange. However, we should look at whether crypto-currency can be an object of ownership. This research found that legal protection for crypto-currency exchanges are limited. Domestic laws have many shortcomings to protect users' rights. This study found that users who incurred damages due to internet computation errors at exchanges require a protective system like stock markets. Therefore, studies on the legal controls and system regulations are required to protect users' rights. Also, crypto-currency information exchanges keep inside and protections for users' private information need to be further examined.

Field Application and Maintenance of sidewalk concrete block for PV Power Generation (태양광 발전을 위한 보도형 콘크리트 블록의 현장 적용과 유지관리)

  • Kim, Bong-Kyun;Kim, Yun-Yong
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.23 no.5
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    • pp.75-83
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    • 2019
  • In order to fulfill the obligation to voluntarily reduce greenhouse gas emissions under the Paris Climate Agreement, the proportion of coal and nuclear power generation is reduced worldwide and national efforts are being made to spread renewable energy including solar power generation. Korea also intends to increase the proportion of renewable energy generation to 30~35% by 2040 by introducing laws and regulations. In addition, while the country is trying to apply solar power generation to sidewalks and roads, there is no research related to it in Korea. Therefore, as a precedent study to develop solar power generation roads, solar power generation concrete blocks applicable to sidewalks and plazas were developed and the applicability was evaluated by constructing them on the site. As a result of indoor experiment, compressive strength was measured by 25.5~35.7MPa and flexural strength was measured by 5.1~10.5MPa, which showed that all domestic standards were satisfied. However, the higher the unit cement amount, the lower the strength was measured according to the mixing of the broken fine aggregate. The absorption rate was 5.7%, which satisfied the domestic standard of 7% or less. As a result of the freeze-thawing test, the reduction rate of the compressive strength after 100 cycles was up to 6.3%. As a result of measuring the settlement amount after construction, the maximum of 2.498mm was measured and irregular settlement occurred in the overall area, which is because the resolution of the sand layer was poor during construction. Maintenance techniques of sidewalk concrete block and solar panel need to be established more efficiently through long-term operation in the further.

Use of Digital Educational Resources in the Training of Future Specialists in the EU Countries

  • Plakhotnik, Olga;Zlatnikov, Valentyn;Matviienko, Olena;Bezliudnyi, Oleksandr;Havrylenko, Anna;Yashchuk, Olena;Andrusyk, Pavlo
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.17-24
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    • 2022
  • The article proves that the main goal of informatization of higher education institutions in the EU countries is to improve the quality of education of future specialists by introducing digital educational resources into the education process. The main tasks of informatization of education are defined. Digital educational resources are interpreted as a set of data in digital form that is applicable for use in the learning process; it is an information source containing graphic, text, digital, speech, music, video, photo and other information aimed at implementing the goals and objectives of modern education; educational resources on the Internet, electronic textbooks, educational programs, electronic libraries, etc. The creation of digital educational resources is defined as one of the main directions of informatization of all forms and levels of Education. Types of digital educational resources by educational functions are considered. The factors that determine the effectiveness of using digital educational resources in the educational process are identified. The use of digital educational resources in the training of future specialists in the EU countries is considered in detail. European countries note that digital educational resources in professional use allow you to implement a fundamentally new approach to teaching and education, which is based on broad communication, free exchange of opinions, ideas, information of participants in a joint project, on a completely natural desire to learn new things, expand their horizons; is based on real research methods (scientific or creative laboratories), allowing you to learn the laws of nature, the basics of techniques, technology, social phenomena in their dynamics, in the process of solving vital problems, features of various types of creativity in the process of joint activities of a group of participants; promotes the acquisition by teachers of various related skills that can be very useful in their professional activities, including the skills of using computer equipment and various digital technologies.

Natural, Nature-based Features (NNbF) - A Comparative Analysis with Nature-based Solutions (NbS) and Assessment of Its Applicability to Korea (자연/자연기반 특징(NNbF) - 자연기반해법(NbS)과 비교분석 및 국내적용성 평가)

  • Hyoseop Woo
    • Ecology and Resilient Infrastructure
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    • v.10 no.2
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    • pp.31-39
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    • 2023
  • NNbF is a newly emerging approach to reduce flood risk in coastal and fluvial areas using natural features or engineered nature-based features with the expectation of co-benefits of provisional, regulating, and socio-cultural services provided by the ecosystem. NNbF is not quite different from existing, related terms based on nature, such as NbS, Eco-DRR, NI, GI, EwN, and BwN, for all these terms include expectation of benefits for human societies by directly utilizing or mimicking nature's ecological functions. If we focus on the comprehensiveness of each term's subject and object, we can say that NbS > NNbF > (Eco-DRR, NI/GI). Among the 18 measures introduced in the NNbF International Guideline in the river and floodplain management category, it was found that measures of wash lands and floodplain restoration, including levee setback/removal and side-channel restoration, seemed to be the most applicable to rivers in Korea. These selected measures could be more effective when river managers purchase riparian lands along river courses by relevant laws for river water-quality protection.

A Study on the Improvement of the Cadastral Field Process Evaluation-type Qualification System (지적분야 과정평가형 자격제도 개선에 관한 연구)

  • Seo, Yong-Su
    • Journal of Cadastre & Land InformatiX
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    • v.53 no.1
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    • pp.5-20
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    • 2023
  • The government is operating a course evaluation-type qualification system for the purpose of overcoming the limitations of the test-type qualification system and cultivating talents with practical skills applicable to related industries. However, there is a part that does not match the purpose of the course evaluation qualification system by educating competency units in the field of surveying rather than the field of cadastral field in the education and training course of the course evaluation qualification. Therefore, this study closely analyzed the course evaluation qualification system in the cadastral field and suggested improvement plans accordingly. First, NCS in the cadastral field has not been supplemented or developed since its development in 2014, and there are many parts that do not conform to the current laws, so supplementary development is necessary. Second, It was proposed to improve the optional competency unit in the field of surveying to the NCS competency unit in the cadastral field. In addition, if the 12 competency units of the current NCS in the cadastral field are designated as essential competency units and education and training are operated, it will be possible to foster working-level talents with sufficient competency at the cadastral engineer level. However, for practical system operation and application, supplementation and development of NCS in the cadastral field, which is used for education and training of the course evaluation qualification system, must be preceded.

The Thought of the theory about the laws of motion in 『Mojing』 (『묵경』 중의 물체 운동에 관한 이론 고찰)

  • Hwang, SeongKyu
    • The Journal of Korean Philosophical History
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    • no.29
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    • pp.203-230
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    • 2010
  • This article is aimed for to state the rationality of Mojia and reveal the scientific meaning in the theories related to the motion of objects in Mojing: the basic approach to the principle of gravitation in building castle, and comprehension and application of the principle in the lever devised for improving productivity as well as in an inclined plane. It is denied in this article that the technical advance and the positive influence on the people is achieved by Mojias only because they were occupied in the filed of craft. Mojia was one of the schools of Qin in the early stage who realized how important science wass for the better society focused on humanity. Furthermore, they were the frontiers who pursued the proper society through science. Therefore, the scientific theories claimed by Mojia is not emphasized only on the deducting regularity of nature. Instead, it could be theorized only by guaranteeing the welfare for common people and having close relation to it. The Chinese philosophy in the early Twentieth century had vigorous interest in the Mojia's opinions in science and set about conducting study in this part. Based on the study, it was revealed that the Mojia's opinion toward motion is superior to that of the West. Furthermore, it was proved to reflect the main idea in Mojia: the love for common people. Particularly, the theories from Mojia can be so applicable to today's life that some scholars regret the lack of interest in Mojia for the time and even scold themselves for the retarded progress in science of China.

A Study on Calculation Method of Compensation for Indirect Damage of Fishery by Undertaking Public Project (공익사업시행(公益事業施行)으로 인한 어업(漁業)의 간접피해(間接被害) 보상액(補償額) 산출방법(算出方法)에 관(關)한 연구(硏究))

  • Kim Ki-Dae;Kim Byung-Ho
    • The Journal of Fisheries Business Administration
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    • v.37 no.1 s.70
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    • pp.25-44
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    • 2006
  • Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.

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Strategy for Development of HSE Management Framework for Offshore CCS Project in Korea (국내 해양 CCS 사업의 HSE 관리 프레임워크 구축 전략)

  • Noh, Hyonjeong;Kang, Kwangu;Kang, Seong-Gil;Lee, Jong-Gap
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.20 no.1
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    • pp.26-36
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    • 2017
  • Korea is preparing an offshore carbon capture, transport and storage (CCS) demonstration project which is recognized as one of important $CO_2$ reduction technologies to mitigate climate change. The offshore CCS project aims to transport, inject and store large amount of $CO_2$ into offshore geologic formation, and has a potential risk of leakage which might cause disastrous damage to human health, environment and property. Therefore, in order to ensure the safety of the offshore CCS project, a strict HSE (health, safety and environment) management plan and its implementation are required throughout the project life cycle. However, there are no HSE domestic laws or regulations applicable to CCS projects, and the related research is insufficient in Korea. For the derivation of the essential and urgent requirement in HSE management framework applicable to the offshore CCS project in Korea, we analysed the HSE management methodologies and foreign CCS HSE management guidelines and cases. First, this paper has analyzed ISO 31000, a generalized risk management principles. Second, we have investigated the HSE management practices of CCS projects in Norway and UK. Based on the analyses, we suggested the necessity of developing the HSE Philosophy and the HSE management process through the whole life cycle. Application of HSE management in early phase of an offshore CCS project will promote systematic and successful project implementation in a cost-effective and safe way.

A Comment on the Standard for International Jurisdiction to foreign-related cases by the employment contract and tort in Air crash (항공기사고에서 국제근로계약과 불법행위의 국 제재판관할권 판단기준)

  • Cho, Jeong-Hyeon;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.73-98
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    • 2016
  • This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

The Liability of Participants in Commercial Space Ventures and Space Insurance (상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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