• 제목/요약/키워드: Legal Study

검색결과 3,947건 처리시간 0.029초

Information and Legal Support for the Implementation of a Gender Approach to Public Administration

  • Goshovska, Valentyna;Balasynovuch, Nataliia;Hryhorovych, Liliia;Goshovskyi, Volodymyr;Danylenko, Lydiia
    • International Journal of Computer Science & Network Security
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    • 제21권7호
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    • pp.150-158
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    • 2021
  • The study identifies the importance of informational and legislative support in ensuring gender equality. It determines the relevance of gender inequality, the main problem, which is confirmed by research and statistical information. The study aims to determine the methods of collecting information and legal regulation of gender issues and the possibility of solving them by public authorities. The main methods of gathering information are census surveys, questionnaires, surveys on public service websites, work with local communities, surveys in nursing homes and orphanages, special survey programs, and election polls. The paper considers the legal regulation of gender inequalities at the international, state, local and organizational levels. According to the analysis of the problem of gender inequality, it is established that the problem is practically eliminated in many developed countries, while countries with low incomes face gender inequality constantly.

국내 법령을 통한 수소 벙커링 도입의 법제도 쟁점 (Legal Issues on Hydrogen Bunkering through Domestic Law)

  • 윤동협;이상익;박충환
    • 한국수소및신에너지학회논문집
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    • 제33권2호
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    • pp.142-147
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    • 2022
  • Along with the global discussion on climate change prevention, regulations on hazardous substances emitted from ships were also carried out. Batteries have been regularly proposed as a solution for transportation, but lack of energy density has presented hydrogen as a final alternative. This study conducted legal issues regarding the method of providing hydrogen fuel on land and providing hydrogen fuel at sea. It is necessary to study how to institutionalize hydrogen bunkering in the legal system of the licensing system and distribution system.

Assessment of Legal Instruments and Applicability to the Use of Electronic Bills of Lading

  • Lee, Un-Ho
    • Journal of Korea Trade
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    • 제24권2호
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    • pp.31-52
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    • 2020
  • Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

주요국의 법정납본 법규 비교 연구 (Comparative Analysis of Laws and Regulations for Legal Deposit in Major Countries)

  • 조용완
    • 한국도서관정보학회지
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    • 제52권3호
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    • pp.369-393
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    • 2021
  • 법정납본은 한 국가 내에서 생산된 출판물들을 포괄적이고 체계적으로 수집할 수 있는 제도이다. 본 연구는 서로 다른 역사와 전통을 가진 나라들의 법정납본에 관련된 법률과 명령, 규칙 등을 항목별로 비교하여 국내의 납본 관련 법규의 미비점을 개선하고자 시도되었다. 이를 위해 본 연구에서는 법정납본 제도에 관한 각종 문헌에 대한 검토와 함께 한국을 비롯해, 미국, 영국, 캐나다, 호주, 프랑스, 일본, 싱가포르 등 총 8개국의 납본 법규와 납본 안내자료, 납본 수행기관 홈페이지, 온라인 납본시스템 등에 대해 문헌연구를 실시하였다. 이를 토대로 본 연구에서는 주요 국가별 법정납본에 관한 법적 근거와 납본 기관에 대해 검토하고, 국가별 법정납본 법규를 항목별로 비교하였다. 구체적으로는 조사대상 국가별로 납본 대상 자료, 납본 제외자료, 납본자료의 요건, 납본 기한과 납본 비용, 납본 미이행 벌칙, 납본 부수 등을 분석하였다. 또한 최근 급증하는 온라인 출판물의 납본에 대해 살펴보고자 각 국가별로 온라인 납본 대상 자료, 납본 제외 온라인자료, 온라인자료의 납본 요건, 온라인자료의 납본 방법 등에 대해서도 분석하였다. 이와 같은 국가별 법정납본 법규에 대한 비교를 바탕으로 향후 국내 법정납본의 발전을 위해 <도서관법> 내 납본 관련 조항의 개정 방안에 대해 제언하였다.

A Study on the Improvement of the Intelligent Robots Act

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • 한국컴퓨터정보학회논문지
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    • 제24권1호
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    • pp.217-224
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    • 2019
  • The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

변호사검색상담 플랫폼의 경제적 가치 추정 (Estimating the Economic Value of the Online Marketplace for Legal Services)

  • 박민수;김정민;이홍
    • KDI Journal of Economic Policy
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    • 제45권3호
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    • pp.49-73
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    • 2023
  • 본 연구에서는 국내 소비자들을 대상으로 변호사가 제공하는 법률 서비스 이용현황을 살펴보고 변호사 검색 및 상담을 용이하게 하는 플랫폼이 소비자들의 효용을 얼마나 증가시킬 수 있고, 또 이를 통해 변호사 법률서비스 시장이 얼마나 확대될 수 있는지를 실증적으로 살펴보고자 한다. 이를 위해 본 연구는 컨조인트 설문으로 수집한 자료에 이산선택 수요모형을 적용해 소비자가 인식하는 변호사 검색상담 플랫폼의 가치를 산정하고 시뮬레이션 방법으로 플랫폼의 변호사 법률서비스 시장확대 효과를 추정한다. 분석 결과, 소비자가 지인으로부터 변호사를 소개받거나 오프라인에서 직접 변호사를 찾는 것 대신 플랫폼을 이용해 변호사를 찾고 상담받는 것에 대해 부여하는 상대적 가치는 약 70,414원으로 추정되었다. 변호사검색 상담 플랫폼의 존재로 인해 변호사 법률서비스 시장의 규모가 적게는 18.9%에서 많게는 70.2%까지 증가할 수 있을 것으로 나타났는데, 특히 플랫폼은 법률서비스 이용 취약계층의 서비스 접근성을 상대적으로 더 높여 이용을 증대시킬 것으로 예측된다.

상법상 선장의 지위와 선박소유자의 대리권의 판례에 관한 연구 (A Study on legal status of shipmaster and precedent of his Authority)

  • 황석갑
    • 한국항해학회지
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    • 제17권3호
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    • pp.1-14
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    • 1993
  • The master of ship is always authorised to perform whatever acts are ordinarily necessary for the safe and proper prosecution of the voayge with regard to both ship and cargo. In other words, when a ship is away from her home port, where her business was managed, the master generally carried the owner's authority, and ordinarily he had power to enter into engagements, on their behalf, for carrying goods in the ship, or for letting her service, provided those engagements were consistent with the usual manner of employing her adopted by the owners. Accordingly he has always to decide onboard for an adequate applying of statutory law and cases whenever he acts. But the master would appear to have no such autho-rity where he can communicate with the owners without difficulty as, now-a-days, he nearly always can. This paper, therefore, intend to review some guidance of his authority in accordance with the Korean Code of Commerce as well as precedent based on it. The paper is also simply to place at the disposal of young shipmasters and those who aspire to command some legal information concerning limit of master's authority away from vessel's home port through legal commentation on the precedent, which may assist them to a better understanding of the many problems they may be faced with in the course of their ca-reers. In order to make an efficient study of legal structure concerned for shipmaster's authority, several up-to-date precedents are selected and described herein by writer's opinion for preventing unreasonable legal dispute in this field before courts in future.

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국제중재의 산업별 유의성 연구 (A Study of Industrial Significance on International Arbitration)

  • 손승표;김기홍
    • 한국중재학회지:중재연구
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    • 제27권4호
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    • pp.115-131
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    • 2017
  • The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

해외직판의 법적 문제에 관한 연구 - 중국인 유학생의 C2C창업을 중심으로 - (A Study on the Legal Matters of Overseas Direct Sales: Focused on Chinese Students' C2C Start up)

  • 주령커;박광서
    • 무역상무연구
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    • 제71권
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    • pp.245-265
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    • 2016
  • A number of Chinese students who are studying in Korea have been gradually increasing since Korea and China established diplomatic relations. Many of them sale Korean products to China while studying for their degree programs in colleges. This kind of transactions can be named C2C overseas direct sales. C2C overseas direct sales which are being performed by Chinese student are good for exportation of Korean products. However Some of these transactions are not legal according to present law, First, Chinese student don't have legal status to make the transactions. Second, Chinese students usually make false declarations for evading the taxes, including tariff and VAT, Third, Chinese students can not offer the after-sale service for the goods for the Chinese consumers. Although C2C transactions have some legal matters, they should not be banned by a one-size-fits-all method. In this study, we highly recommend for the development of C2C transactions, First, Korean government should give Chinese students legal status. Second, China customs must strictly prohibit illegal activities of smuggling by taking advantage of postal route. Third, sellers in China can offer the after-sale service to consumers through some specialist A/S firms.

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정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고 (A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology)

  • 김현경
    • 한국IT서비스학회지
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    • 제12권3호
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.