• Title/Summary/Keyword: Legal

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A Study on the Advancement of the Legal System for Small Fishing Vessels to Ensure Marine Safety (해양안전 확보를 위한 소형어선 법제도 개선에 관한 연구)

  • Song, Byung-Hwa;Lee, Kyoung-Hoon;Choi, Woon-Kuy
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.7
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    • pp.875-888
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    • 2018
  • The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

Term Mapping Methodology between Everyday Words and Legal Terms for Law Information Search System (법령정보 검색을 위한 생활용어와 법률용어 간의 대응관계 탐색 방법론)

  • Kim, Ji Hyun;Lee, Jong-Seo;Lee, Myungjin;Kim, Wooju;Hong, June Seok
    • Journal of Intelligence and Information Systems
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    • v.18 no.3
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    • pp.137-152
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    • 2012
  • In the generation of Web 2.0, as many users start to make lots of web contents called user created contents by themselves, the World Wide Web is overflowing by countless information. Therefore, it becomes the key to find out meaningful information among lots of resources. Nowadays, the information retrieval is the most important thing throughout the whole field and several types of search services are developed and widely used in various fields to retrieve information that user really wants. Especially, the legal information search is one of the indispensable services in order to provide people with their convenience through searching the law necessary to their present situation as a channel getting knowledge about it. The Office of Legislation in Korea provides the Korean Law Information portal service to search the law information such as legislation, administrative rule, and judicial precedent from 2009, so people can conveniently find information related to the law. However, this service has limitation because the recent technology for search engine basically returns documents depending on whether the query is included in it or not as a search result. Therefore, it is really difficult to retrieve information related the law for general users who are not familiar with legal terms in the search engine using simple matching of keywords in spite of those kinds of efforts of the Office of Legislation in Korea, because there is a huge divergence between everyday words and legal terms which are especially from Chinese words. Generally, people try to access the law information using everyday words, so they have a difficulty to get the result that they exactly want. In this paper, we propose a term mapping methodology between everyday words and legal terms for general users who don't have sufficient background about legal terms, and we develop a search service that can provide the search results of law information from everyday words. This will be able to search the law information accurately without the knowledge of legal terminology. In other words, our research goal is to make a law information search system that general users are able to retrieval the law information with everyday words. First, this paper takes advantage of tags of internet blogs using the concept for collective intelligence to find out the term mapping relationship between everyday words and legal terms. In order to achieve our goal, we collect tags related to an everyday word from web blog posts. Generally, people add a non-hierarchical keyword or term like a synonym, especially called tag, in order to describe, classify, and manage their posts when they make any post in the internet blog. Second, the collected tags are clustered through the cluster analysis method, K-means. Then, we find a mapping relationship between an everyday word and a legal term using our estimation measure to select the fittest one that can match with an everyday word. Selected legal terms are given the definite relationship, and the relations between everyday words and legal terms are described using SKOS that is an ontology to describe the knowledge related to thesauri, classification schemes, taxonomies, and subject-heading. Thus, based on proposed mapping and searching methodologies, our legal information search system finds out a legal term mapped with user query and retrieves law information using a matched legal term, if users try to retrieve law information using an everyday word. Therefore, from our research, users can get exact results even if they do not have the knowledge related to legal terms. As a result of our research, we expect that general users who don't have professional legal background can conveniently and efficiently retrieve the legal information using everyday words.

A Study of the Strengthening Legal Deposit Collection of the National Library of Korea (국립중앙도서관 납본수집력 강화방안 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.3
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    • pp.5-26
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    • 2014
  • The legal deposit for the national library in all countries is the most important mean for acquiring the country's off-line and on-line publications. Because of many limitations of legal deposit system, however, the National Library of Korea does not properly collect the useful materials produced or manufactured in Korea. In order to solve this problem, the author analyzed the status of collection development by legal deposit and estimated the total amount of domestic publications. Based on the these results, author suggested five plans for strengthening the national collections in terms of the provisional 'deposit law', the further development and complementary of current legal deposit regulations (guidelines and standards), desirable amendments of the legal deposit provisions in library act, reasonable division of the deposit targets, and optimization strategies of acquisition scope by material types.

Consumers' Perception on Legal Liability of the Online Reviews (온라인 사용후기에 대한 법적책임의식에 관한)

  • Kim, Soyean
    • International Commerce and Information Review
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    • v.17 no.3
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    • pp.3-27
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    • 2015
  • As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

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A Study on the Legal Bases for the Gross Disparity under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준)

  • YOON, Sang-Yoon;SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.127-151
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    • 2016
  • UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

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Research on Improvements of the Legal Deposit System for the Preservation of Online Electronic Book (온라인 전자책 보존을 위한 납본제도 개선 방안 연구)

  • Jang, Bo-Seong;Nam, Young-Joon
    • Journal of the Korean Society for Library and Information Science
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    • v.44 no.4
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    • pp.435-456
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    • 2010
  • This research compares and analyzes the legal deposit of national online electronic publishing and related laws that were recently amended in order to preserve the exponentially increasing number of electronic books(e-books). Based on the analysis, it also seeks ways to initiate a legal deposit system of e-books in South Korea. The research, therefore, defines the exact range and types of e-books. This research proposes three conditions to introduce the legal deposit system in order to preserve South Korean e-books. The first is to establish a clear definition and classification of e-books as data subject to legal deposit for preservation purposes. The second condition is to establish a legal system in order to deposit and collect network(online-exclusive) type e-books. The final condition is to reflect the opinion of publishers and to create security measures against any loss of the companies.

A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea -Enhancement of Legal Regime- (연안습지의 효율적 관리를 위한 Mitigation 개념의 한국적 적용방안에 관한 연구 -법제도 개선방안을 중심으로-)

  • Park Seong-Wook;Kwon Moon-Sang;Lee Yong-Hee;Lee Charity Mi-Jin
    • Ocean and Polar Research
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    • v.25 no.4
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    • pp.545-555
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    • 2003
  • It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.

An Empirical Analysis on Macro-economic Effects of the Proposed Reduction of Legal Working Hours in Korea (법정근로시간 단축의 거시경제 효과 분석)

  • Nam, Sung-il
    • Journal of Labour Economics
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    • v.25 no.2
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    • pp.33-78
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    • 2002
  • This study analyzes effects of the proposed reduction of legal working hours in Korea in which base wage is unchanged with working hours reduction. The theoretical analysis shows that a reduction of legal working hours would result in less than equal size reduction of actual working hours, and increase in wages. On the other hand, the effects on employment is ambiguous depending on the substitution effect and scale effect. An empirical analysis based on macro-economic model simulation supports the theoretical conjecture. It has been found that with the reduction of legal working hours, real wages and consumption increase while actual working hours decreases about half of the legal hours reduction. In addition, the immediate and outright imposition of legal hours reduction on all sectors of the economy is found to create a cost push inflation and reduce GDP, investment, and employment. This negative effects are lessened as the reduction of legal hours is gradually made and/or some measures to absorb the cost shock such as abolition of paid monthly leave are employed together.

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The Strategy and Direction for Upgrading the Legal System Governing Supertall Building Elements (초고층건축요소별 법제도 개선방향)

  • Yu, Il-Han;Eom, Shin-Jo
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.6
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    • pp.77-85
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    • 2010
  • Recently, with development of core technology for supertall building construction projects, the need for an improvement of the related legal system is increasing dramatically. Therefore, the supertall Buildings R&DB Center, which is funded by the Ministry of Land, Transport and Maritime affairs (MLTM), is studying the legal system for supertall buildings. This research, as one part of the 1st year research results, aimed at studying supertall building project related issues and problems to develop supertall building elements, and conducting an importance-performance analysis (IPA) of these elements in order to conclude a strategy and direction for an improvement of the related legal system. A total of 68 supertall building elements were derived, and the IPA method was used to analyze these elements based on attribute types. Furthermore, an improvement strategy and directions were suggested for upgrading the legal system related to supertall buildings to the level of global standards. These efforts can be the base for advancing the legal systems of the domestic construction industry in all areas, including supertall building construction.

A Primary Study on Building the Secondary Legal Information Full-Text Databases (2차 법률정보 전문데이터베이스 구축을 위한 기초 연구)

  • Kweon Kie-Won;Roh Jeong-Ran
    • Journal of the Korean Society for Library and Information Science
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    • v.32 no.3
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    • pp.281-296
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    • 1998
  • This study indicates that it is necessary to have characteristic information the information experts recognize-that is to say, experimental and inherent knowledge only human being can have built-in into the system rather than to approach the information system by the linguistic, statistic or structuralistic way, and it can be more essential and intelligent information system. As this study proves that the cited primary legal information within the secondary legal information functions as the index which represents the contents of the text because of the characteristics of legal information, the automatic indexing in the secondary legal full-text databases can be possible without the assitance of the experts. In case of the establishment, amendment or repealing of law, change of index terms can be possible through revising the legal text cited in the secondary legal information full-text databases. Even when we don't input the full-text about retrospective documents, automatic indexing is also possible, and the establishment and the practice of expert knowledge and integrated databases are possible in case of the retrospective documents.

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