• Title/Summary/Keyword: Basic Law

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Studies on Problems and Improvement of Introducing No Wetland Loss (습지총량제 도입에 따른 문제점과 개선방안에 대한 연구)

  • Kim, Yoon-Jung;Lee, Sang-Don
    • Journal of Environmental Impact Assessment
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    • v.18 no.4
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    • pp.235-243
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    • 2009
  • Wetlands considered to be an important natural resources because they provide biodiversity and habitat for species to breed and survive. In this regard, many countries in the world provide wetlands and have policies and laws to protect them. In Korea we hosted RAMSAR COP-10 at Changwon in 2008 representing Korea's endeavor to wetland protection. But, in the process of development Wetlands are easy target to be lost due its easy access and the laws and regulations to protect them are relatively weak. Thus, this research focused on the introduction of No Wetland Loss(NWL) and we can achieve wetland protection in the economy market ways. Thus, NWL should consider 1) a clear definition of NWL and harmony and consensus of introduction of NWL, 2) considering most wetlands be private we need a financial support for securing wetlands, 3) inventories for wetlands in Korea, draw a line of demarcation, technic to evaluate wetlands, 4) wetland restoration considering function of ecosystem not total amount of wetlands. Wetland protection should be a part of Basic Law of Water Management which in its progress and we need further studies on wetland protection because of watershed management, deserted agricultural paddies, etc.

Disputes in International E-Commerce and Dispute Resolution through an Online Dispute Resolution (ODR) System: Background and Basic Perspectives from Conversations in UNCITRAL (국제전자상거래로 인한 분쟁과 ODR를 통한 분쟁해결 - 유엔상거래법위원회에서의 논의 배경 및 기본적 시각을 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.79-101
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    • 2012
  • In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

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Rates and Mechanism of Fading Reaction of Magenta Azomethine Dye in Basic Solution (염기성 용액에서 마젠타 아조메틴 색소의 퇴색 반응속도와 메커니즘)

  • Lee Joong-Ho;Kim Jung-Sung;Kim Chang-Su
    • Journal of Environmental Science International
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    • v.14 no.7
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    • pp.711-717
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    • 2005
  • A magenta azomethine dye(D) was synthesized from the reaction of 3-methyl-1-phenyl-2-pyrazoline-5-one with N,N-diethyl-1,4-phenylenediamine. The magenta azomethine dye was identified on the basis of elemental analysis, $^{13}C-NMR$, infrared, and GC/MS studies. The magenta azomethine dye was decomposed in a basic solution. Rate constants of the fading reaction of magenta azomethine dye in ethanol-water solvent were measured spectrophoto­metrically at 540 nm. Reaction rate was increased with the increase of $[OH\^{-}]\;and\;[H\_{2}O]$ in the region of $[H_{2}O]=11\~40\;M$. The reaction was governed by the following rate law. -d[D]/dt = $\{k_o\;+\;k_{OH}[OH^-][H_{2O}]\}[D]$ A possible mechanism consistent with the empirical rate law has been proposed.

Framework of seismic design specification for telecommunication (통신설비 적용 내진 규격기준 프레임워크)

  • Lee, Sang-Mu;Cho, Pyung-Dong
    • Journal of the Earthquake Engineering Society of Korea
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    • v.12 no.2
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    • pp.45-52
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    • 2008
  • The telecommunication facilities by the basic law of telecommunication were added to the protection law against natural disasters as a scope of seismic design application on January 2007 since legal regulation had been reinforced in our country as in the circumstance that earthquakes are now frequently occurred in several areas over the world. This paper handles an establishing provision of concrete seismic design specification for applying to telecommunication facilities. For this purpose, this paper classified the parts of telecommunication facilities as being the correspondents to apply seismic design and analyzes the procedure of the design specification of building structure as the part of building construction law as a basic reference for seismic design application. And the method of introducing the foreign specification is presented. Thereon seismic design measures to be introduced into legal regulation are suggested for telecommunication service endurance against earthquake.

The Teachers' and Students' Perceptions on Lectures and Experiments of Law of Definite Proportion in Middle School Science Classes (중학교 과학 수업에서 일정성분비 법칙의 강의와 실험에 대한 교사 및 학생들의 인식)

  • Han, Gam-Bong;Min, Hee-Jung;Paik, Seoung-Hey
    • Journal of the Korean Chemical Society
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    • v.56 no.1
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    • pp.144-158
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    • 2012
  • In this study, science teachers' and students' perceptions were searched on lectures and experiment of law of definite proportion in middle school science classes. For this study, the three teachers' lessons were observed and recorded, following interviews related to teachers' perceptions on the lessons and experiments. Also, We analyzed students' science scores, cognitive levels, science attitude, experimental reports, etc. According to the results, the three teachers had different focuses in the lectures. Chemistry teachers accentuated calculation of proportions and application rather than basic conceptions. But the students could not understand basic conceptions properly. The teachers spend long time to explain experimental procedures by assuming a low performance level of students in experimental classes. And the teachers had negative perceptions about error of results. The students could not understand the experiment results well, tried to manipulate data artificially, and had negative perceptions about error of results like the teachers. We suggested that these problems might be solved by changing teachers' perceptions on school science lectures and experiments.

A Study on the Regional Cooperation for the Prevention of Marine Pollution in the Yellow Sea (황해에 있어서의 해양오염방지를 위한 지역적 협력에 관한 연구)

  • 이윤철;최성규
    • Journal of the Korean Institute of Navigation
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    • v.16 no.2
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    • pp.41-52
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    • 1992
  • It is, as everyone knows, very important for human beings to protect and conserve marine environment. We has believed the ocean is so wide and deep that it cannot be polluted. But it has begun to doubt the capacity of self-purification of the ocean due to pollution arising from marine casualities. It has proved that semi-enclosed sea is likely to be polluted and cannot be restored easily once pollution occurs. Therefore, first of all it is important to take preventive measures for prevention of marine pollution in the semi-enclosed sea like the Yellow Sea. Many of regional conventions for prevention of marine pollution have come into existence. this dissertation was set out for the fact that the Yellow Sea is semi-enclosed sea which is vulnerable to marine pollution. It is desirable not to deal with marine preservation of the Yellow Sea by a single exclusively but to deal with it by cooperation of all coastal states under the present circumstances. I proposed a program of regional cooperation to protect and conserve the Yellow Sea. This program must be progressed with gradual arrangements. First, they must establist a basic cooperation committee to work basic affairs on the protection of marine environment within the Yellow Sea. The Committee Mainly play parts of study and research concerned with pollution of the Yellow Sea in the non-governmental side and consist of legal and scientific experts. Second, they must establish the control Committee to prevent marine pollution of the Yellow Sea substantially. There is a reason that regional cooperation cannot be directly concluded with the regional tready. Because there is a problem of Recognition of States left. In principle, a subject of tready must be a state in the International Law. But they have not made Recognition of State which is demanded by International Law between North and South Koreas. Therefore, the Control committee must play a substantial part of prevention from pollution instead of the treaty. Finally, we concluded tentatively named $\ulcorner$Convention on Regional Cooperation for Protection of Marine Environment of the Yellow Sea from Pollution$\lrcorner$ if the matter is settled which is related to Recognition of States in the International Law.

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Future Agenda of the Four Major Rivers Restoration Project: Toward An Integrated Watershed Management System (4대강사업이 남긴 과제: 통합적 유역관리시스템의 구축)

  • Ahn, Hyung Ki
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.454-461
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    • 2017
  • The Four Major Rivers Restoration Project was the multi-purpose green growth project on the four major rivers in South Korea. However, the Four Major Rivers Project has attracted significant criticism from various social groups and wider international groups, e.g. Friends of the Earth. This study reviews the four river restoration project from the standpoint of an evolutionary process of water paradigms. It reveals that the project has achieved its intended purpose yet, suggesting to apply some valuable lessons in the consideration of the integrated watershed management system. Finally, it urges to introduce tentatively named "Basic law on Water Management" preceded by enacting ordinances at local level, because it'll help us find out ways ahead for the Integrated Water law.

The Purposes of the UNIDROIT Principles of International Commercial Contracts (국제상사계약(國際商事契約)에 관한 UNIDROIT 원칙(原則)의 의의(意義))

  • Choi, Jun-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.227-252
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    • 1999
  • In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

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Legal Standings of the Patient and the Doctor within the National Health Insurance - With its focus on the issue of arbitrary medical charge cover - (건강보험에 있어서 의사와 환자간의 법률관계 - 임의비급여 문제를 중심으로 -)

  • Hyun, Doo-Rhyun
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.69-118
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    • 2007
  • In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

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Transformation of Legal Personality in the Context of the Development of Modern Digital Technologies

  • Amelin, Roman;Channov, Sergey;Dobrobaba, Marina;Kalinina, Larisa;Kholodnaya, Elena
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.294-302
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    • 2022
  • The article explores the prospects and trends for the transformation of some basic concepts of law associated with the development of artificial intelligence systems and the problems of liability for harm caused by a robot. The prospects, conditions and consequences of vesting robots with partial (quasi) or full legal personality are explored. This process should lead to a revision of the concepts of will, subjective side and legal responsibility in the direction of their greater universalization. The legally significant signs of will, legal personality, legal liability in relation to robots, artificial intelligence systems and other complex automated information systems are clarified. The author identifies the following essential factors of legal qualification of an act committed by a robot: goals, reasons for setting goals, connections between the planned result and the action taken, the actual result, the reasons for the difference between the actual result and the planned one. The article pays special attention to the preventive function of legal liability, which, when applied to robot subjects, can be expressed in the following basic procedures. 1. Accounting for legal requirements in the behavior of the robot. 2. Timely adaptation of the robot to changes in legislation and other regulatory legal acts that affect its behavior. 3. Accounting for incidents. 4. Destruction of a series of robots whose actions lead to unacceptable consequences.