• Title/Summary/Keyword: Applicable Laws

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Self-Sovereign Identity (SSI): Structured Literature Reviews with Socio-Technical Perspective (Self-Sovereign Identity (SSI: 자기주권신원) 연구 동향 분석: 사회경제, 법률, 기술적 고찰을 중심으로)

  • Son, Young Jin;Park, Min Jung;Park, Jung Suk;Hwang, Hwa Jung;Chai, Sang Mi
    • The Journal of Information Systems
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    • v.30 no.4
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    • pp.119-152
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    • 2021
  • The concept of Self-Sovereign Identity (SSI) has emerged to overcome the limitations of traditional centralized personal identity management systems in our society. Therefore, in this study, 36 seminal researches out of 112 collected studies were investigated with a systematic literature review method to deliver a core common definition as well as the research trends on SSI in the socioeconomic, legal and technological fields. SSI studies in the legal field have mainly considered the conflicts with relevant laws such as General Data Protection Regulation (GDPR) and privacy protection laws. The study of SSI in the technology field have looked at the trends of the technical components to implement SSI and discussed the necessities of establishing standards to increase interoperability for SSI diffusion worldwide. This study ultimately derived the core definition of SSI from a various academic fields as "a trust-based personal identity management system that enables autonomous self-identification by a identity owner without a centralized system or 3rd party intervention". The results of this study contribute to the understanding of the essential SSI concept which were varied on different research fields and industries. The results also provide a foundation for discovering various SSI-based business models, applications as well as future research opportunities. Furthermore, this study suggested that SSI must be developed with interdisciplinary manner among the socioeconomic, legal, and technological fields to be practically applicable system to enable autonomous self-identification by a identity owner in our society.

Introduction of Human Rights Arguments in ISDS Proceeding (ISDS 절차에서의 인권의 권리 주장)

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.85-114
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    • 2022
  • When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

A Study on the Problems and Improvements of the Management System for Foreign Seafarers Boarding Korean Ocean-Going Vessels (우리나라 외항상선에 승선하는 외국인 선원 관리제도의 문제점 및 개선방안에 관한 연구)

  • Kim, Kun-Jin;Shin, Sang-hoon;Shin, Yong-John
    • Journal of Navigation and Port Research
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    • v.43 no.6
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    • pp.384-394
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    • 2019
  • This study investigated the current status of the management system for foreign seafarers boarding Korean ocean-going vessels and analyzed the problems and suggested measures for improvement through the survey of shipping companies, ship management companies, crew manning companies and related associations. The conclusion is summarized as follow. First, it is necessary to reorganize and apply the collective agreements or the laws applicable to the foreign seafarer separately in regard to the foreign seafarer related laws and collective agreements applied in the same way as the Korean seafarer. Second, it is necessary to change the decision-making to shipowner in deciding on the number of foreign seafarers employed by the Korean ocean-going vessels or if the decision-maker remains the same, the relevant laws must be clearly defined pertinent to the decision-maker. Additionally, the number of foreign seafarers should be applied for each position and ship's type. The third is to expand the recognition arrangement for certificate of ships' officers to Eastern Europe and Asian countries to expand the range of options for hiring foreign seafarers. The fourth is to prevent the waste of administrative manpower by simplifying complicated and unnecessary administrative procedures from hiring and boarding of foreign seafarers. The fifth is to establish a systematic training and education system for foreign seafarers in cooperation with related shipping companies and government authorities, associations and so on. This study will contribute to providing a more efficient and systematic management of foreign seafarers boarding Korean ocean-going vessels.

A Method to Use the Land-Use Zoning Information to Extract the DIF Zones (기반시설부담구역 추출을 위한 용도지역지구 공간정보 적용방안 연구)

  • Lee, Yong Jik;Choei, Nae Young
    • Journal of Korean Society for Geospatial Information Science
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    • v.22 no.1
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    • pp.89-99
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    • 2014
  • The current Development Impact Fee (DIF) Zoning Law allows Korean localities to designate the DIF Zone for the areas where there have been up-zoning in land-uses due to any minute additions and/or amendments in the existing clauses or provisions in the National Territory Planning Law as well as all other laws related to urban and regional planning. In reality, however, it is almost impossible to trace the sporadic and infinitesimal changes that might occur in every corner of the statutory clauses of a great number of planning related laws. This study, in an effort to overcome such practical difficulties, tries to chase the time-series zoning alterations in especially the consecutive land-use information layers of the Korea Land Information System (KLIS) as comparable analogues of the outcomes of the amendments in various planning laws. A study locality is chosen among the entire localities in the Capital Region based on the selection criteria dictated by the DIF Zoning Law such as the population- and building permit increase rate. It has been verified that the methodology suggested herein is practically applicable and successfully capable of extracting a number of DIF zones with considerable areal sizes, which could not have otherwise been possible. The consequences of this study, in this context, are expected to contribute to prevent the uncontrolled developments as the DIF Zoning Law itself was originally intended to achieve.

A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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Runoff Analysis by the Geomorphoclimatic Linear Reservoir Model (지형기후학적 선형저수지 모델에 의한 유출해석)

  • 조홍제
    • Water for future
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    • v.18 no.2
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    • pp.143-152
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    • 1985
  • A method is suggested for the reappearance of a surface runoff hudorgraph of a river basin by linking the hydrologic response of a catchment represented by the instantaneous unit hydrograph(IUH) with the Horton's empirical gemorphologic laws. The geomorphologic theory of the IUH developed by G. Itrube et al. and the geomorphoclimatic theory of the IUH developed by Bras et al. are used to derive the new hydrologic response function in consideration of geomorphologic parameters and climatic characteristics by applying to Sukekawa's rainfall-runoff model. The derived response function was tested for on some observed hydrographs in a natural watershed and showed promising, and by considering a drainage basin as m(1∼4) identical linear reservoir in series, it was founded that the model(m=2) is most applicable to predict hydrologic response regardless of the size of basins. A modelization algorithm of a basin using Sthahler's ordering scheme of drainage network will give good result in analysis of the surface runoff huydrograph by the method of this study.

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A Study on the Improvement of Supervision Works related to Changes in Construction Projects (공공공사의 설계변경과 관련한 감리업무 개선방안에 대한 연구)

  • Kwon Chan-Soon;Kim Man-Chul;Koo Kyo-Jin;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.246-249
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    • 2003
  • we classified major changes into changes based on design deficiency, changes based on the different conditions between job site and contract documents, and changes based on the Owner's need. Then we compare and analyzed applicable regulations for supervision and work performance status at the site, and elicit problems of supervision performance based on mutual contradiction in regulations, bringing up a similar example. Based on the above, we brought up a way of improvement for the elicited problem, comparing and analyzing the laws/contract provisions/instructions related with the changes and the work performance at the jobsite, and verified through interviews with professionals of various fields for the improvement. Finally this study could elicit a way of improvement in the supervision work in conjunction with changes in civil works.

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A Study on the architectural Idea of 'the natural Construction' of Frei Otto (프라이 오토의 '자연적 구조'의 건축적 이념에 관한 연구)

  • Lee, Ran-Pyo
    • Korean Institute of Interior Design Journal
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    • v.15 no.5 s.58
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    • pp.68-76
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    • 2006
  • Frei Otto, who is called to be the father of the ecological architecture, has shaped a peculiar architectural form style. In distance from the formalistic persistence to the modernist form canon and the postmodern tendencies to the self-representation of architects, Frei Otto has taken a more fundamentalistic position. Through the interdisciplinary researches on the self-organizing processes in the nature and the technical world Frei Otto could reason with architects, engineers, biologists, historians and philosophers the principle and structure of the natural construction that is applicable to the morphological research and the architectural construction research. In the middle of his architectural and scientific works is the idea of 'the natural construction' situated, and the basic principle and instrument of this 'Die Prinzip der Selbstbildung, The Principle of Self-making'. Founding himself on this principle, Frei Otto seeks after the new architectural form that is light, natural, flexible and variable by reasoning the typical formation process which refers to the common denominator of the self-making processes in the nature, the technique and the architecture. Despite his architecture is to be called to the anonymous, his architectural vision is headed toward the rationalistic form in accord with the natural laws. This study is purposed to elucidate the constellation to which his scientific attempts belong and the theoretical and methodological foundations of his architecture of 'the natural construction'.

Comparative Analysis on the Law Related to landscape Plan-making (경관계획수립 관련법규의 비교분석)

  • 서주환;최현상;김상범
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.6
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    • pp.96-105
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    • 2001
  • The purpose of this study is to establish landscape planning, and to find out to administrative system and improvement way on landscape plan in Korea. We have sought for research trend and the concept of landscape planning related to the landscape planning through the investigation of books and documents, and have analyzed the characteristics on the law for landscape plan in United State of America, United Kingdom,, France, Germany, Japan and Korea. As the results of this study are as follows; 1) A state developing local self-governing body as United State of America, United Kingdom and Germany carried out individually landscape plan. Especially, it raises clarity of administration to fix residents participation(Nonprofit Organization : NPO) and secures responsibility. 2) A state of centralized authoritarian rule as France and Japan applies common law to the nationwide but commission's concrete management or conference. 3) And so in Korea and applicable landscape plan was made on the basis of town-planning law and managed with ordinances for landscape. In here the important thing is division of role of central and local government and residents. This study proposes the system of planning and analyzed the related laws for the landscape formation and management. The future research on the character of the local areas, providing many chances with people in the community through publicity activities, and rearing the expert group on this matter should be made in the future.

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A Study on NTIS Revitalization Plan through the National Research Automated Registry System (국가연구자등록코드시스템을 통한 NTIS 활성화 방안 연구)

  • Lee, Sang-Hwa
    • Journal of Korea Technology Innovation Society
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    • v.13 no.1
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    • pp.28-43
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    • 2010
  • Recently, the establishment of Project Management System for National Research and Development Projects focusing on researchers has drawn sharp attention through revision of applicable laws and regulations, and presentation of national policy tasks for the management of national R&D projects, however, it is insufficient to say that a remarkable system has been established by researchers. In this study, a National Research Automated Registry Code Numbering System was suggested by using a National R&D Projects Human Resource Declaration System for Project Management System for National R&D Projects focusing on researchers. In addition, a National Research Automated Registry Code System was sought in order to realize this system. Through this suggestion, consolidation of personal information protection can be attainted through the national career management, and by raising the participation of researchers naturally, reduction in administrative affairs, simplification of accomplishments verification, and improvement in investigation, analysis and evaluation statistic quality can be expected.

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