• Title/Summary/Keyword: Legal issues

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Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • 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.

Legal Issues on the Development of New Drug: An Analysis of COVID-19 Vaccine (신약개발의 법적쟁점 - 코로나바이러스 감염증 백신을 중심으로 -)

  • Yi, Hyunjoo;Jeong, Jonggu;Kim, Hyein
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.37-75
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    • 2020
  • There have been affluent studies on the development of new drugs and these efforts have been crystallized into a separate field of pharmacology. Yet, a normative analysis pertinent to the development of new medicine is still in a dire need, except for studies regarding medical ethics. This piece of work aims to contemplate on the legal issues concerning the development of new drug, encompassing each and every stage of the development. In order to maximize the practicability of the research method adopted as aforementioned, this work strives to analyze the developing process of COVID-19 vaccine. The first step would be to introduce the developmental stages of inventing a new drug, especially that of a COVID-19 vaccine. After then, legal issues related to each developmental stage would be discussed. Henceforth, the legal analysis would contribute to predicting upcoming legal complexities and will be able to offer normative implications for the invention of new medicines.

Issues of Copyright Relating to Constructing and Managing Digital Library in the Internet Age (인터넷 시대의 디지털도서관 구축.운영과 관련한 저작권 문제)

  • 홍재현
    • Journal of the Korean Society for information Management
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    • v.16 no.1
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    • pp.31-48
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    • 1999
  • This study examined issues of copyright relating to digitization of bibliographic data, copyrighted works, factual data, and manpower's data that the library have. It analyzed issues of copyright relating to the use of digital works and linking. Also It investigated legal issues related information service for user in the library and digital transmission service on need of user out of the library. Finally. this paper proposed basic task for solving issues of copyright in the context of digital libraries.

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A Study on the Check-list of International Sales Contract focused Issues not resolved by the CISG (국제물품매매계약의 CHECK-LIST에 관한 연구 - 비엔나협약에서 해결되지 않는 문제를 중심으로 -)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.3-22
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    • 2003
  • The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.

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A Study on the Meaning and Main Features of Transport Documents under the Rotterdam Rules (로테르담규칙상 운송서류의 의의 및 주요 특징에 관한 연구)

  • YANG, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.303-326
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    • 2016
  • The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

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An Examination of the Exactitude of Legal Application behind the National Health Insurance Corporation's Practice of "Collection and Disbursement" of Paid Medical Expenses (With an Emphasis on Arbitrary Denial of Coverage) (국민건강보험공단의 요양급여비용 환수과정에 있어서 법적용 정밀성에 관한 검토 -특히 임의비급여를 중심으로-)

  • Song, Myung-Ho
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.45-72
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    • 2012
  • The National Health Insurance Corporation has been retrieving from health care providers the payments made to them by insured patients as a result of the health care providers' arbitrary denial of coverage under the National Health Insurance, and has been disbursing such retrieved monies back to the patients, pursuant to Article 57, Sections 1 and 4 of the National Health Insurance Act. However, such practice is an application of the law that lacks legal exactitude. Another problem with such practice is that there is no legal provision under any laws or notices that expressly prohibits arbitrary denial of coverage. A legislative solution, therefore, is called for to address these issues.

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Legal Systems and Practice of Intellectual Property Protection in Japan and China: A Comparative Analysis

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.1
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    • pp.190-206
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    • 2018
  • This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

A Study on national responsibility to foster cultural contents and legal principles of vulgarity regulation

  • Cho, man-hyeong
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.1
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    • pp.33-38
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    • 2016
  • Constitution declares culture is area that without any interference from the state space, and so creates each person creative energy. It is a typical movie in culture. The film will be referred to as an important expression form as well as high value-added industries of cultural creativity of ethnic communities. Intervention of the state is necessary that by competing mechanisms of diverse opinions and ideas caused harm. State intervention is only to be operated at a minimum. The vulgarity causes young people have impulsive tendencies and affects adults adversely on on issues, regulation is possible for children and youth protection. This paper aims to suggest a new legislative measure about the legal principles of vulgarity regulation to solve this kind of problem efficiently. Some standard allowed vulgarity regulation on the principles of control.

A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

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.