• Title/Summary/Keyword: Basic Law

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Study on the Trend for Changing Civil Aviation Law in Korea (국내 항공법 체계 개정 방안 - 외국의 항공법 체계와의 비교를 중심으로 -)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.55-96
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    • 2004
  • The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

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A Study on the Legal Status of Fishing Vessels (실정법상(實定法上) 어선(漁船)의 지위(地位)에 관한 고찰(考察))

  • Choe, Jong-Hwa;Kim, Jin-Kun;Lee, Byoung-Gee
    • Journal of Fisheries and Marine Sciences Education
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    • v.3 no.1
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    • pp.35-43
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    • 1991
  • The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

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Complexity System Characteristics and Dominant Feedback Loops of Industry-University Joint Research R&D Networks: Centered on Power Law and Reinforcing Feedback Loops (산학 공동연구 R&D 네트워크의 복잡계 특성과 지배적 피드백 루프: 거듭제곱법칙과 양의 피드백 루프를 중심으로)

  • Hong, Sung-Ho;Lee, Man-Hyung
    • Korean System Dynamics Review
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    • v.13 no.1
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    • pp.113-131
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    • 2012
  • Applying social network analysis techniques, this study examines complex system characteristics of industry-university joint research R&D networks. In specific, it focuses on whether these R&D networks comply with the power law, whose system typically presents the-rich-get-richer and the-poor-get-poor patterns. The basic data come from 7,751 industry-university joint research projects, all of which were carried out by Daejeon, Chungbuk, and Chungnam-based universities from January 2005 to October 2008. The empirical results reveal that the R&D networks abide by the power law. That is, a handful of business units and universities command an overwhelming majority in the joint links, indicating positive feedback dominance within the system.

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Dealing with Unruly Behavior on Board Aircraft: A Chinese Perspective

  • Qin, Huaping
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.193-209
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    • 2012
  • China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

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The Liabilities of Collision and the International Collision Rules (선박충돌의 과실책임과 국제해상충돌예방규칙 -상법 제846조 쌍방과실의 충돌과 관련하여-)

  • Park, Yong-Sub;Koo, Hong
    • Journal of the Korean Institute of Navigation
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    • v.5 no.1
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    • pp.37-48
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    • 1981
  • There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

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The Corresponding Plan of Construction Management Enterprise for the Introduce of Construction and Technology Promotion Law with Delphi Method (Delphi 기법을 통한 건설기술진흥법 개정에 따른 CM사 대응방안에 관한 연구)

  • Kim, Sung-Sik;Park, Jung-Lo;Kim, Ju-Hyung;Kim, Jae-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2012.05a
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    • pp.121-122
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    • 2012
  • It has been passed around two decades since the CM is introduced in December 1996. And 20 years have passed. Construction Technology Management Act is the enacted of 1987, since Independence Hall fire in 1986. In the meantime, basic background and operational rather than the development of regulations that skewed had a voice of concern. Accordingly, Ministry of land is promoting a full-scale revision that Construction Technology Promotion law as switching to promote and support the necessity from Regulatory and management-oriented paradigm. In this paper, according to the Construction and Technology Promotion law amended in the course of doing business, was conducting research for drawn counterstrategy through SWOT analysis that was not the side of owner but CM company.

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Suicide Prevention Policy Guideline Model Considering Privacy Law in Korea

  • Do-Hyun Kwon
    • Korean Journal of Biological Psychiatry
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    • v.30 no.1
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    • pp.7-16
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    • 2023
  • Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.

A Study on the Experience of the Daughters-in-law's Relationship with Mothers-in-law (며느리들의 시어머니와의 관계 경험에 관한 연구)

  • Park, So-Young;Park, Tai-Young
    • Journal of Families and Better Life
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    • v.26 no.4
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    • pp.55-71
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    • 2008
  • Many studies on the relationships between mothers-in-law and daughters-in-law tended to regard the relationship as a conflicting one. This study, unlike the previous ones, aimed to explore the relationship as it is and to describe the experience of the real relationship. Another aim of this study, on the basis of the results, was to provide the basic data for social services to develop and maintain the positive relationships between mothers and daughters-in-law. To achieve these aims, the central question of the study was, "What are the daughters-in-law's experiences with their mothers-in-law like?" The participants for the study consisted of 12 daughters-in-law who volunteered to be interviewed. Data were collected through in-depth interviews and analyzed according to the grounded theory presented by Strauss and Corbin. As a result, 154 concepts and 42 sub-categories were induced, and finally 18 categories were induced in the course of classifying and integrating these sub-categories. This study discovered that the relationship might be both positive and negative, and that it might even be possible to change from one to the other. The results of the study showed that many factors influenced the quality of the relationship, and that the husband's role was one of the most important factors. Using this study's results as guidance, general programs designed to cultivate more positive relationships between mothers and daughters-in-law can be created and implemented; additionally programs that help the husbands understand the complex relationship and roles can be devised.

A study on the Governing Law to Application under the Intellectual Property Right Disputes in Internet (인터넷상에서 지적재산권 분쟁에 따른 준거법 적용에 관한 논점)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.133-156
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    • 2004
  • The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

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On the Strong Laws for Weighted Sums of AANA Random Variables

  • Kim, Tae-Sung;Ko, Mi-Hwa;Chung, Sung-Mo
    • Journal of the Korean Statistical Society
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    • v.31 no.3
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    • pp.369-378
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    • 2002
  • Strong laws of large numbers for weighted sums of asymptotically almost negatively associated(AANA) sequence are proved by our generalized maximal inequality for AANA random variables at a crucial step.