• Journal of Digital Convergence
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• v.11 no.3
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• pp.13-22
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• 2013

With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

• Proceedings of the Korea Water Resources Association Conference
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• 2019.05a
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• pp.152-152
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• 2019

This study demonstrates a novel approach of remotely sensed estimates of stream flow at fifteen hydrological station in the Han River Basin, Korea. Multi-temporal data of the European Space Agency's Sentinel-1 SAR satellite from 19 January, 2015 to 25 August, 2018 is used to develop and validate the flow estimation model for each station. The flow estimation model is based on a power law relationship established between the remotely sensed surface area of water at a selected reach of the stream and the observed discharge. The satellite images were pre-processed for thermal noise, radiometric, speckle and terrain correction. The difference in SAR image brightness caused by the differences in SAR satellite look angle and atmospheric condition are corrected using the histogram matching technique. Selective area filtering is applied to identify the extent of the selected stream reach where the change in water surface area is highly sensitive to the change in stream discharge. Following this, an iterative procedure called the Optimum Threshold Classification Algorithm (OTC) is applied to the multi-temporal selective areas to extract a series of water surface areas. It is observed that the extracted water surface area and the stream discharge are related by the power law equation. A strong correlation coefficient ranging from 0.68 to 0.98 (mean=0.89) was observed for thirteen hydrological stations, while at two stations the relationship was highly affected by the hydraulic structures such as dam. It is further identified that the availability of remotely sensed data for a range of discharge conditions and the geometric properties of the selected stream reach such as the stream width and side slope influence the accuracy of the flow estimation model.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.320-326
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• 2022

The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of the Korea Safety Management & Science
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• v.11 no.2
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• pp.69-75
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• 2009

This paper was proposed to show the comprehensive review of laws and regulations on the musculoskeletal disorders (MSDs) that are being established and carried out in various countries. Ten countries including USA, Canada, Australia, Japan, and 6 European countries which were regarded as the leaders in the prevention of MSDs were selected for review. Comparative analysis were performed on the laws, regulations, and guidelines of MSDs among different countries. The purpose of this study was to investigate the status of the various efforts of the advanced countries concerning on preventing MSDs and suggest the improvement factors that might be introducible to Korean policies. Some recommendations were made to improve the appropriateness and efficiency of our MSDs prevention policies based on the comprehensive review and comparative analysis. It is expected that the results of this study would be used as valuable information when revising relevant legal system.

• Journal of the Korean Society of Costume
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• v.22
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• pp.45-60
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• 1994

Since 1988 the fur fashion industry in Korea has been difficult in exporting and competition with too many brands after opening the dom-estic fur market. However comparing with the interest of manufactures and consumers there are few of related references and books. So the purpose of this study is to put in order and summurize the manufacture in fur cloth-ing the informations of domestic and oversea fur markets and the other professional references. After all it is to help succeed in domestic and international fur markets and give the new ideas of designing and merchandising to the fur fashion industry. The results were as follows: 1. Contact with fur specialty stores in the international fashion cities and tourist cities directly. 2. Establish oversea factories in the low labor countries. 3. Exploit and invest in Russia china and the East European countries for suppliment of law materials and fur market. 4. Need the market research and promotion for encroachment in Japanese fur market. 5. Create the original brands with inter-national fashion sense. 6. Develop the manufacture line for diverse models in small lots matching with the modern life styles. 7. Need the fashion show exhibition pro-motion with reasonable prices and creative new designing with various color trimming texturizing and combination with the other materials. 8 Subdivide and distinguish labels into different types for avoiding with too much com-petition and comvenience of consumers. 9. Make an effort to weaken the black mar-ket the 30% of the domestic fur market.

• Journal of the Society of Disaster Information
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• v.7 no.2
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• pp.123-129
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• 2011

The primary agent of civil investigation businesses must be a corporation to line up with public interests, and the government has to carry out the permit system on business owners. As many countries such as those of European and Japan supervise civil investigation business and the police agent supervises guarding businesses, so the police also has to supervise civil investigation business. In many cases, civil investigation businesses deal with private information, and the police has to prevent from infringing customers' basic right by clarifying private information management for punishment. In addition the police has to tighten up customers' obligations. For example the police has to deliver papers about the contents when they enter into or change contract, or after they enter into contract.

• Korean Journal of Occupational Health Nursing
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• v.14 no.1
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• pp.44-55
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• 2005

Purpose: The purpose of this study was to describe the current status of work-related back pain among nurses in the U.S. Method: Literature review and website searching were conducted. Key words as 'nurse and back pain (or back injury)' were used in searching the Medline, NIOSHTIC-2and reference list of selected studies. Total studies were selected of which subjects were nurses working in the U.S., and published since 1970. Results: Though there was variation in the measurement among studies, the prevalence rate of back pain among nurses in the U.S. could be estimated about 50%. Risk factors were confirmed as the frequency of patient lifting, ward, nursing shortage, overtime, work shift, stress on physical demand, but age and work experiences showed the inconsistent relation. It has been well known that educational approach is not enough to prevent back pain. Intervention studies to apply the ergonomic approach using mechanical devices reported the effects, but the devices were less diverse than European countries or Canada. The study for lifting team was rare. Federal government developed only the guideline for nursing home that had no legal obligation. As a professional nursing organization, ANA has been trying to educate and advocate for "No lift policy" since 2003. Meanwhile, two trade unions of nurses made efforts to establish the law strengthening the responsibility of health care facilities. Conclusion: The research and policy development will be needed to prepare to rapid increase of back pain among Korean nurses.

• International Journal of Computer Science & Network Security
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• v.21 no.8
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• pp.51-54
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• 2021

The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.