• Journal of the Korean Society for Library and Information Science
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• v.50 no.3
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• pp.513-532
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• 2016

Legal deposit is a system that a person who publishes in the country a work shall deposit a certain copies of publications in designated libraries or institutions in order to preserve and transfer national knowledge and culture heritage. Under "Libraries Act" and "National Assembly Library Act", depositors shall present books to the Library and the Library shall properly compensate him/her for such copies presented. This study focuses on presentation and proper compensation of books. This study has reviewed laws and regulations about them in major countries and our country, and analyzed the current status and some problems of our country. This study has analyzed the constitutionality of legal deposit, the refusal of copies presented, and the meaning of proper compensation through analyzing cases on legal deposit. Based on these analyses, it has proposed the modification of regulations on presentation and proper compensation of books, the establishment of specific rules on proper compensation, and the penalties on unfair presentation.

• Journal of Digital Convergence
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• v.19 no.12
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• pp.469-475
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• 2021

The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

• Journal of dental hygiene science
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• v.20 no.4
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• pp.230-244
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• 2020

Background: The objective of the present study was to specifically divide the various work performed by dental hygienists in clinical practice for legal amendments regarding problems associated with conflict between job roles and illegal delegation to establish key basic data for legislation and policy utilization for realization of legal scope of dental hygienists. Methods: The study used work reports drafted based on research methods in the "Second Job Analysis Report on Dental Hygienists" researched by the Korean Health Personnel Licensing Examination Institute in 2012 and "Opinions of Dentists on Actual and Legal Work of Dental Hygienists," a report published by the Korean Dental Hygienists Association. Of these, the study focused on conservation dentistry, pediatric dentistry, prosthodontics, oral and maxillofacial surgery, and dental implant treatment, which make up some of the fields covered by dental hygiene practice, to investigate and analyzed work performed by clinical experience. Results: Analysis of work actually performed in dental practice showed that for work related to 33 items presented in the study methods, the participants responded that they are currently performing such work or are likely to perform such work in the future, although there were differences by year. Investigation by type of workplace showed that dental hygienists working in university hospitals could perform the work presented if they had ≥5 years of dental hygienist experience, whereas dental hygienists working in dental clinics or hospitals could perform simple duties in their first year and performed more diverse duties with greater degree of difficulty after their second to fourth year. Conclusion: The reality that medical assistance during surgical operations and various procedures that is still being performed is no longer legally protected directly contradicts the needs in dental practice, and thus, there is the need to amend laws that are realistic by clearly recognizing the work of dental hygienists.

• 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.

• 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.

• 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.

• 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.

• Journal of the Korea Society of Computer and Information
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• v.28 no.4
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• pp.165-174
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• 2023

Due to the Fourth Industrial Revolution, the influence applied to all areas of our society is continuing to develop at a rapid pace as the days go by. Recently, in the field of legal services, artificial intelligence technology has been introduced mainly in the United States, an advanced country, leading innovation in the legal market. As such, artificial intelligence is expected to rapidly grow as a means of replacing people, leaving the auxiliary role of people at a rapid pace, and the purpose of this study is to examine necessary measures for Korean professional legal professionals to survive in this legal market. After analyzing it based on prior research by domestic researchers and various data in Korea, the law was revised to prohibit non-lawyers from handling legal affairs, active state intervention in public information cases, and ways for the state and the private sector to check each other. Therefore, the above research is expected to throw a lot of discussion points in terms of legal services using artificial intelligence in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.345-366
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• 2008

The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

• Journal of the Korean Society of Costume
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• v.64 no.1
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• pp.123-135
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• 2014

The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.