• Title/Summary/Keyword: Case Law

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A Study on Criteria for the Credit Approval of Nationally Authorized Civil Qualifications (국가공인 민간자격 학점인정 기준에 관한 방안 연구)

  • Shin Myong-Hoon;Park Jong-Sung
    • Journal of Engineering Education Research
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    • v.7 no.2
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    • pp.5-21
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    • 2004
  • The study aims to propose plans to give credit approval to those who obtain authorized civil qualifications, in accordance with the enforcement regulations under the Clause 7, Article 4 of $\ulcorner$the law on credit approval and others$\lrcorner$. Preceding studies on the grounds and principles of credit approval, analyses on the related references and materials, and surveys asking the managers of authorized civil qualifications their opinion over giving credit approval to authorized civil qualifications were conducted as the methodology of this study. Besides, a conference inviting experts from the relevant fields was held to specifically overview the contents and levels to be examined by qualification items, to conduct a face-to-face survey on directions to take in the credit approval of authorized civil qualifications, and to analyze the level and the degree of the difficulty of questions in the examinations of authorized civil qualifications. The contents and the level of credit approval in this study are as follows. For the authorized civil qualification items unable to formulate criteria in accordance with the principles of credit approval taken in the national technique qualification and other national qualifications, two factors were put under consideration for setting the level of the credit approval. First, the level and scope of work were investigated. Second, the content of qualification was compared with the course work of college. The degree of difficulty in the scope and performance of work was reviewed by specialized qualification and general qualification, respectively. Specialized qualification indicates whether or not the required knowledge and technique are acquired for performing duty in specific work fields. It falls into service fields and qualification items except qualification items on general clerical work of the national technique qualification and other national qualifications. To the contrary, general qualification is to prove the degree of acquisition of knowledge and technique for improving the basic competencies throughout diverse types of occupations. It includes competencies to verify language proficiency, mathematical and statistical capacity, problem settlement, negotiation and communication skills. When the authorized civil qualification came under the specialized qualification, the level of qualification was determined in comparison with the level of work of national qualifications. In the case of the general qualification, the credit to be approved was settled by conducting a comparative analysis on the course work of college.

A Discourse Analysis Related to the Media Reform -A Case Study of Chosun Ilbo and Hankyoreb Shinmun- (언론개혁에 관련된 담론 분석 : $\ll$조선일보$\gg$$\ll$한겨레신문$\gg$을 중심으로)

  • Chung, Jae-Chorl
    • Korean journal of communication and information
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    • v.17
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    • pp.112-144
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    • 2001
  • This study attempts to analyze how and why Chosun Ilbo and Hankyoreh Shinmun produce particular social discourses about the media reform in different ways. In doing so, this paper attempts to disclose the ideological nature of media reform discourses in social contexts. For the purpose, a content analysis method was applied to the analysis of straight news, while an interpretive discourse analysis was appled to analyze both editorials and columns in newspapers. As a theoretical framework, an articulation theory was applied to explain the relationships among social forces, ideological elements, discourse practices and subjects to produce the media reform discourses. In doing so, I attempted to understand the overall conjuncture of the media reform aspects in social contexts. The period for the analysis was limited from January 10th to August 10th this year. Newspaper articles related to the media reform were obtained from the database of newspaper articles, "KINDS," produced by Korean Press Foundation, in searching the key word, "media reform". Total articles to be analyzed were 765, 429 from Hankyoreh Sinmun and 236 from Chosun Ilbo. The research results, first of all, empirically show that both Chosun Ilbo and Hankure Synmun used straight news for their firms' interests and value judgement, in selecting and excluding events related to media reform or in exaggerating and reducing the meanings of the events, although there are differences in a greater or less degree between two newspaper companies. Accordingly, this paper argues that the monopoly of newspaper subscriber by three major newspapers in Korean society could result in the forming of one-sided social consensus about various social issues through the distorting and unequal reporting by them. Second, this paper's discourse analysis related to the media reform indicates that the discourse of ideology confrontation between the right and the left produced by Chosen Ilbo functioned as a mechanism to realize law enforcement of the right in articulating the request of media reform and the anti-communist ideology. It resulted in the discursive effect of suppressing the request of media reform by civic groups and scholars and made many people to consider the media reform as a ideological matter in Korean society.

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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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A Study on Regulation of Video on Demand Advertisements (주문형서비스(Video on Demand) 광고 규제에 관한 연구)

  • Cho, Dae-keun;Kim, Ki-youn
    • Journal of Internet Computing and Services
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    • v.17 no.4
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    • pp.145-159
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    • 2016
  • This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

Study on the Improvement of Stow Net Fishing Technique and the Enlargement of Fishing Ground to the Distant Waters - 1 . Model Experiment of the Net - (안강망어법의 개량과 어장의 원해로의 확대를 위한 연구 - 1 . 어구의 모형실험 -)

  • Lee, Byoung-Gee;Kim, Jin-Kun;Lee, Ju-Hee
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.24 no.2
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    • pp.55-64
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    • 1988
  • Stow nets have widely been used in the western sea of Korea from the olden age. The original structure of a stow net is a large square-sectional bag net made of 4 netting panels, and the front fringes of top and bottom panels are connected to the top and bottom beams respectively. Wire ropes, which is originated from the holding anchor are gradually forked and biforked, and finally 4 pieces of wire rope (biforked pendants) are jointed to each beam. Much convenience caused by long and heavy beams were problemed, then some studies have been carried out to improve the net since 1930's. The most effective improvement were achieved in 1980 by Mr. Han and his colleagues. The key point of improvement was that the beams were removed and the belt shaped shearing device made by canvas was attached to the side panels, the head rope and ground rope to the front fringe of top and bottom panel, and biforked pendants are joined to the shearing device. Even though this is the epoch-making improvement of a stow net, the further study should be required to find out more effective method. The authors carried out a model experiment on the stow net to determine the vertical and horizontal opening of a net mouth, and also examine the front, top and side-view configuration of the net. The model net was constructed depending on the Similarity Law of Fishing Gear in 1/10 and 1/20 scale and set against to the current at shallow and speedy flowing channel. The vertical and horizontal openings were determined by using scaled bamboo poles, and the configuration was observed by using specially prepared observation platform and underwater observation glass, and also photographed by using specially prepared underwater photographic equipment. The results obtained can be summarized as follows: 1. The opening height and width of the shearing device varied in accordance with the relative length of the biforked pendants. Considering the height and width of shearing device in 6 cases of the arrangement system of biforked pendants, the best result was obtained in the case that the 2nd, 3rd and 4th pendents from the bottom-most was 5%, 9% and 4% longer than that. 2. On the top-view configuration the excessive deformation of head rope and ground rope were observed. In the actual net, 54m long head rope and ground rope were attached to the front fringe of top and bottom panels so that the head rope may be lifted to make the net mouth open highly. But actually the head rope and the ground rope are streamed backward without any lift, and also the netting followed the ropes were deformed until the 2/5 in the whole length of the net. This deformation may be guessed to disturb the entrance of fish school into the net and also caused the net to get caught by obstacles in the sea bed and to be broken largely. 3. Hydrodynamic resistance R of the actual net may be deduced as R(kg)=29.2$\times$103 v1.65. It is also expressed as R(kg)=5.9$\times$d/l$\times$ab v1.65. depending on the formula deduced by Koyama to estimate the resistance of trawl nets, where d/l denote the ratio between diameter of netting twine and length of mesh leg in every part of side panel, a and b, the stretched circumference of the mouth and the stretched length of the net, respectively.

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Effects of Heat Treatment, Sugar Addition and Fermentation on Cytotoxicity of Korean Mistletoe (가열처리, 당의 첨가 및 발효에 의한 한국산 겨우살이의 세포독성변화)

  • Park, Jong-Heum;Hyun, Chang-Kee;Shin, Heuyn-Kil;Yeo, Ick-Hyun
    • Korean Journal of Food Science and Technology
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    • v.29 no.2
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    • pp.362-368
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    • 1997
  • As a preliminary study for the development of cancer-preventing functional food using Korean mistletoe, the cytotoxic effects of Korean mistletoe on between non-tumorigenic A3l cell and tumorigenic MSV cell derived from mouse 3T3 fibroblast cell line were investigated. While the raw extract, of which $ID_{50}$, value was $3.94\;{\mu}g/mL$, showed strong cytotoxic effect, its heat-treated extract was not cytotoxic up to $30\;{\mu}g/mL$. On the other hand, the heat-treated extract with law concentration showed an accelerative effect on the proliferation of non-tumorigenic A3l cell and an inhibitory effect on that of tumorigenic MSV cell. In addition, the influences of the addition of carbohydrates, such as galactose, lactose, glucose, mannose, fructose, sucrose and starch, to mistletoe extract were studied. There were not any significant changes with raw extract plus carbohydrate treatment, but the accelerative and inhibitory effects of heat-treated extract on each A3l and MSV cell were increased further by the treatment with sugars such as lactose, galactose, glucose, fructose. In order to investigate the changes of cytotoxicity of fermented Korean mistletoe according to fermentation periods, the raw and heat-treated extract were inoculated with Lactobacillus plantarum. During 1, 3, 5 and 7 fermentation days, the fermented raw mistletoe extract showed gradual accelerative effect on A31 cell proliferation without any changes of cytotoxicity on MSV cell. In case of the fermented heat-treated extract, however, the accelerative effect of heat-treated extract on A31 cell proliferation in early stage was disappeared during the fermentation.

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Future Development Strategies for KODISA Journals : Overview of 2017 and Strategic Plans for the Future (KODISA 학술지 성장전략: 2017 개관 및 미래 성장개요)

  • Hwang, Hee-Joong;Shin, Dong-Jin;Lee, Jung-Wan;Kim, Dong-Ho;Lee, Jong-Ho;Kim, Byung-Goo;Kim, Tae-Joong;Lee, Yong-Ki;Suh, Eung-Kyo;Kang, Min-Soo;Seo, Won-Jae;Kim, Jong-Jin;Zhang, Fan;Su, Shuai;Youn, Myoung-Kil
    • Journal of Distribution Science
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    • v.16 no.5
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    • pp.83-90
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    • 2018
  • Purpose - Journals of Korea Distribution Science Association (KODISA) made great efforts in responding to the constant shifts in academic paradigms and in producing synergetic effects among KODISA journals to achieve the goal of maintaining their status in the world's reputable scholarly journals. The aim of this study is to analyze the current practice and performance of KODISA journals and develop strategies that will continuously meet and respond to the changes and success in the future. Research design, data, and methodology - This is a case study, an analytical approach, which focuses on analyzing current and previous strategies, practices, and performances of the four major journals of KODISA and the association. The organizational structure, including election and terms of KODISA officers, new membership, and members of editorial board, is discussed and analyzed. The citation, submission, publication, and rejection rates of all four journals are examined, and the progress, including the status of indexing of each journal, is discussed. Results - The analysis indicates that KODISA has significantly invested its resources into improving its journals and attracting new members. The analysis also shows the strategy of the organizational structure, which includes election and terms of officers and editorial board members that implemented over the years, was successful. Both Journal of Distribution Science (JDS) and Journal of Finance, Economics, and Business (JAFEB) are indexed in SCOPUS, with East Asian Journal of Business Management (EAJBM) in the final stage of the SCOPUS indexing evaluation, and International Journal of Industrial Distribution and Business (IJIDB) will complete and submit their indexing evaluation materials to SCOPUS this summer. Conclusions - The success and progress of KODISA and its journals clearly support the need for continuous development, analysis, revision, and implementation of strategies. Based on the analysis, conducting the annual performance reviews of the association and its journals and planning and strategizing based on the reviews since 2011 have greatly contributed to the overall success. In terms of meeting the short term strategy, KODISA has to continue developing relationships with relevant and appropriate scholarly/academic associations to expand the scope of its business, establishing independence of each journal and its respective procedures and practices and improving the quality of the journals and their publications through KODISA's international conferences.

Study on Implementation Measures of Provincial Self-governing Police System : Focusing on the Implication from Enlargement of Work Scope of Self-governing Police of Jeju Province (광역자치경찰제의 정착방안에 관한 연구 - 제주자치경찰의 사무확대에 대한 시사점을 중심으로 -)

  • Kim, Seong-Hee
    • Korean Security Journal
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    • no.59
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    • pp.37-69
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    • 2019
  • According to viewpoints of researchers and stakeholders, various opinions can be suggested on self-governing police system. Therefore, success of Korean self-governing police system will be defending on how to balance among conflicting values such as Empowerment, Political neutrality, Financial issues, Comprehensive competence in maintaining public safety. Before the launching of self-governing police system nation-wide, the experience of Jeju provincial police will be valuable model case. In specific, enlargement of work scope of self-governing police in Jeju province which has been introduced since last year will be a useful reference. There is more pessimism about self-governing police of Jeju province so far. However, this perspective is mostly based on the issue regarding hardwares such as manpower, equipment, law and organization. Issues regarding softwares such as organizational culture, operation system and work process need more attention to evaluate self-governing police system properly. To mark the first year after enlargement of work scope of Jeju police, this study demonstrate the overall result and implications of self-governing police of Jeju province based on documents, statistics, reports and media reports. In result, several preconditions are needed to implement the self-governing police system nation-wide successfully. 1. Strengthen the link between local government and local police 2. Establish the foundation for collaboration of state and local police 3. Enhance the aspect of citizen autonomy in local level 4. Reinforcing the capability of handling situation of state and local police 5. Invigorating the inter-organizational working group to operate self-governing police system effectively. The self-governing police system is unclosed topic to discuss. After this study, in-depth studies should be followed with more resources. Particularly, additional perspective including redundancy and equity need to be considered regarding self-governing police. By getting with the changes of macroscopic trends - lowbirth and aging, the fourth industrial revolution and possible reunification of north and south Koreas - these studies should suggest the long-term blueprint of self-governing police system of Korea.

Study of Rainfall-Runoff Variation by Grid Size and Critical Area (격자크기와 임계면적에 따른 홍수유출특성 변화)

  • Ahn, Seung-Seop;Lee, Jeung-Seok;Jung, Do-Joon;Han, Ho-Chul
    • Journal of Environmental Science International
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    • v.16 no.4
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    • pp.523-532
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    • 2007
  • This study utilized the 1/25,000 topographic map of the upper area from the Geum-ho watermark located at the middle of Geum-ho river from the National Geographic Information Institute. For the analysis, first, the influence of the size of critical area to the hydro topographic factors was examined changing grid size to $10m{\times}10m,\;30m{\times}30m\;and\;50m{\times}50m$, and the critical area for the formation of a river to $0.01km^2{\sim}0.50km^2$. It is known from the examination result of watershed morphology according to the grid size that the smaller grid size, the better resolution and accuracy. And it is found, from the analysis result of the degree of the river according to the minimum critical area for each grid size, that the grid size does not affect on the degree of the river, and the number of rivers with 2nd and higher degree does not show remarkable difference while there is big difference in the number of 1st degree rivers. From the results above, it is thought that the critical area of $0.15km^2{\sim}0.20km^2$ is appropriate for formation of a river being irrelevant to the grid size in extraction of hydro topographic parameters that are used in the runoff analysis model using topographic maps. Therefore, the GIUH model applied analysis results by use of the river level difference law proposed in this study for the explanation on the outflow response-changing characters according to the decision of a critical value of a minimum level difference river, showed that, since an ogival occurrence time and an ogival flow volume are very significant in a flood occurrence in case of not undertow facilities, the researcher could obtain a good result for the forecast of river outflow when considering a convenient application of the model and an easy acquisition of data, so it's judged that this model is proper as an algorism for the decision of a critical value of a river basin.

The Status of Nursing Ethics Education in Korea 4-year-College of Nursing (간호윤리 교육현황 - 4년제 대학교육을 중심으로 -)

  • Han Sung-Suk;Kim Yong-Soon;Um Young-Rhan;Ahn Sung-Hee
    • The Journal of Korean Academic Society of Nursing Education
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    • v.5 no.2
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    • pp.376-387
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    • 1999
  • Purpose : To provide fundamental data to present further direction of education on Nursing Ethics by investigating the status of Nursing Ethics education performed at 4-year-Colleges of Nursing. Korea. Methods : A descriptive survey study The data collected from 28 universities through a questionnaire to examine the status of Nursing Ethics education in Korea. Results : I. Teaching Nursing Ethics class as a independent subject-6(21.4%) universities. 1) The average of 23.67 hours(2 credits) in the total educational hours. 2) Teaching method-theoretical class, discussion of case study, discussion of related issues, presentation of video tapes and discussion, team education, role play, and submission of reports. 3) Education contents-Nursing profession and ethics, the dignity of human life, necessity of bioethics, ethical theory and refutation, code for nurses, ethical issues between nurses and patients, nurses and co-workers, and nurses and nurses 6 universities 4) 5 universities-Included ethical decision making, artificial insemination, external insemination, artificial abortion, organ transplantation, brain death, human subject of study suicide, and euthanasia. II. Teaching Nursing Ethics as an inclusive theme in other subjects-22 (78.57%) universities. 1) Educated in Introduction of Nursing (14 universities), Nursing Management, Nursing Ethics and Philosophy, Special Nursing, Nursing and Law, and Professional Nursing. 2) Educational course-Taught in freshman level at 14 universities, average 9.32 education hours. Conclusion: Showed not only that universities, not operating Nursing Ethics as a independent class, unreasonably operate and assign too many contents in comparing with its education hours and are likely to become only a cramming education but also professors whose major is not Nursing Ethics presently in charge need to take a chance to supplement their knowledge and teaching method.

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