• Title/Summary/Keyword: Legal discussion

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A Study for the Institutionalization of Alternative Medicine (대체의학의 제도화를 위한연구 -법률정보와 공인화 중심으로-)

  • Kang, Kyung-Su
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.12
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    • pp.167-177
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    • 2013
  • Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

Legal Issues and Challenges of National Curriculum Monitoring Group (국가교육과정 모니터링단의 법적 문제와 과제)

  • Park, Changun
    • Journal of the International Relations & Interdisciplinary Education
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    • v.4 no.2
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    • pp.21-41
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    • 2024
  • The The purpose of this study is to find the legal regulations of the National Education process monitoring team and challenges.The research method was used for literature research, and method of counseling, and methods.literature study used for national education process monitoring terminals related laws and status analysis, and legal interpretation was used for national education process monitoring related to the system and logic organize the system and logic of national education process monitoring.The interview was used directly and indirectly used to reduce errors in the development of law experts from the development of law and educational experts.The main contents of research was examined based on the need of legal nature and system based on the need of legal characteristics and system.Next, it was evaluated on the operation of the national education process monitoring team, and tasks based on these evaluation results. The results of discussion was presented separately divided into the issue of the Enforcement Decree of the Act, task, and the problem of the Enforcement Decree. The problem of the Enforcement Decree of the Act was discussed on the obligation of the purpose of the purpose of the purpose of the establishment, monitoring unit, monitoring unit and role of the compliance organization.The problem and tasks were discussed with negative synthesis of monitoring and monitoring complex definition of the qualification criteria for representativeity, monitoring range of monitoring and monitoring range of monitoring.As a result of these discussion, the reorganization and operation of the organization was requested to establish a special profit group based on expertise, there were room for special profit groups based on expertise.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

Improving domestic institutional research through the International Safety Management Practices -Focusing on safety and health management in Japan- (해외 안전보건관리 사례를 통한 국내 제도적 개선연구 -일본의 안전보건관리를 중심으로-)

  • Kim, Jang Won;Kang, Kyung-Sik
    • Journal of the Korea Safety Management & Science
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    • v.17 no.4
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    • pp.77-86
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    • 2015
  • In the industrial accident that occurred in the recent contract type of business or establishment (including subcontractor) employers and contractors who demand among employers, would be liable to have a proper discussion on how to prevent industrial accidents. To resolve this issue, it introduced the discussion with the Japanese legal system, which has a system similar to the Occupational Safety and seeks to help us in our country's future institutional improvements.

Debiasing the biases induced by defendant's character evidence (피고인의 성격증거로 유도된 편향 감소 방안)

  • Ko, Minjo;Park, Jooyong
    • Korean Journal of Forensic Psychology
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    • v.11 no.1
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    • pp.63-87
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    • 2020
  • Judgment and decision-making studies have shown that people are easily influenced and biased by information irrelevant to the object of judgment. There is a great deal of research that indicates that bias exists in the legal judgment scene. One of them is a bias induced by defendants' character evidence. This study examined whether cognitive activities such as discussion, counterfactual thinking, and peer assessment could reduce the bias induced by the character evidece. In Experiment 1, 121 college students were asked to give the percentage they believed the defendant to be guilty. There was no cognitive activity for the control group. There were three different cognitive activities for the experimental group: discussion, counterfactual thinking and discussion, and counterfactual thinking and peer assessment. Results showed reduction in bias for all the experimental groups, and there was no difference between them. In Experiment 2, there were 125 participants from general population for the same procedure as in Experiment 1. Results showed reduction in bias only for the counterfactual thinking and discussion group. In general discussion, we speculated the implication of the results and the reason for the difference between the two experiments.

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A Discussion on the Legal Definition and Legislation Methods of Drone Taxis (드론 택시의 법적 정의 및 법제화 방안 논의)

  • Choi, Ja-Seong;Baek, Jeong-seon;Hwang, Ho-Won
    • Journal of Advanced Navigation Technology
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    • v.24 no.6
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    • pp.491-499
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    • 2020
  • There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

A Review of a Bill on the Ocean-Based Climate Solution Act (OBCSA) in the U.S and Implications for the Ocean Climate Change-Related Legal System in Korea (미국 해양기반기후해법 법안(Ocean Based Climate Solution Act, OBCSA)의 검토와 국내 해양기후변화 법제에 대한 시사점)

  • Sora Yun;Moonsuk Lee
    • Ocean and Polar Research
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    • v.45 no.2
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    • pp.71-87
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    • 2023
  • Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.

A Comparative Study on the Application of the Force Majeure Clause in International Commercial Contracts between Korea and English in the Era of COVID-19

  • Byung-Chan Lee;Nak-Hyun Han
    • Journal of Korea Trade
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    • v.26 no.7
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    • pp.167-184
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    • 2022
  • Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

A Study on the Discussion and Responsive Priorities about Taxation and Customs on the Electronic Commerce (전자상거래에 대한 과세부과의 논의와 우리의 추진과제)

  • Kwon, O;Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.3 no.1
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    • pp.125-142
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    • 2000
  • We live in a society in which existing legal frameworks are constantly challenged by technological advancements. This creates a need to constantly update and adapt the way. This new technology constitutes a brand new route for the exchange of goods and services that has yet to be fully examined. Whereas much has been written on how the information superhighway affects legal issues, such as substantial questions have yet to be answered in regards to how this new trade route will be treated by various laws of taxation and customs and our policies. Because electronic commerce, is not bound by physical geography provides a fundamentally new way of conducting commercial transactions, this paper analyzes how electronic commerce will be affected by the computer networks, with particular attention to existing international frameworks for taxes and tariffs systems, investigates the reviews and consequences that the electronic commerce environment presents to traditional precepts of taxation and customs.

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The Problems and Alternatives of The Subrogation Payment System for Damage (의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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