• Title/Summary/Keyword: Legal person

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A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

A Study on the Concepts of Legal Competence Concerning Adults Guardianship Acts (성년후견법률에 나타난 의사결정능력의 개념에 관한 연구 - 영국 정신능력법(Mental Capacity Act, 2005)을 중심으로 -)

  • Kim, Moon-Geun
    • Korean Journal of Social Welfare Studies
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    • v.41 no.3
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    • pp.241-269
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    • 2010
  • The purpose of this study is to examine the arguments about the conceptualization and the assessment of mental capacity and legal competence concerning the adult guardianship. Based on these literature reviews, the author analysed Mental Capacity Act 2005 of United Kingdom. The act conceptualizes legal competence as a concept dependent on a specific decision, time, and environmental support or convenience. According to the act, the assessment of the legal competence shall be made with ensuring the person all the viable supports and environmental conveniences. And it appears that the hierarchical assessment system of the act assures that the more the decision is important the more professional and more formal assessment shall be used. Based on these findings the author suggested several implications for the legislation of a new adult guardianship act in Korea.

A Study on the Issues on Moral Rights of Oral History Resource (구술자료의 인격적인 권리에 관한 연구)

  • Lee, Ho-Sin
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.3
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    • pp.47-69
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    • 2012
  • There are so many personal experiences and innermost feelings in oral history resource. Thus, when we use the oral history resource, it has a lot of the possibility to arise ethical and legal issues. To prevent the problems and to protect interviewee, it is needed to comply the guideline for ethical and legal issues through the oral history project. The ethical issues are applied to every step of the project. The most important principle for ethical issues are the mind to protect the dignity of interviewee. The moral right is classified the right of privacy and defamation issues. The right of privacy is basic human rights to guard for the freedom of the individual. The defamation is defined as a false statement of the fact about a person which tend to injure that person's interest.

Legislative issues and Improvement Devices for on the Environment of Social Life in Social Participation and Self-reliance of the Aged (노인의 자립과 사회참가 등 사회생활환경조성을 위한 법제적 문제점과 개선방안)

  • Noh, Jae-Chul;Ko, Zoon-Ki
    • The Journal of the Korea Contents Association
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    • v.12 no.12
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    • pp.647-660
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    • 2012
  • Korea in the era of population aging has a limitation on the welfare policy that treats the elderly as a weak person. Plans of supportive structure and maintenances of institution that can reanimate vitality of the healthy or motivated seniors in our society are very important to society that ageing is ongoing. When health and economic situation of the elderly has been weakened, our country needs to review and remake the social system or environment which helps to activate seniors` abilities and be able to become independent life through maintenance of seniors`participation structure. In this study, I will research the necessity of active support and suggest the improvement ways of legal system; not only focusing on living supports that treats unconditionally the elderly as weak person.

Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

The Development Direction of Vulnerable People's Welfare-related Legislation (서민취약계층복지 관련 법제의 발전방향)

  • Yoon, Seok-Jin
    • Journal of Legislation Research
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    • no.41
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    • pp.171-200
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    • 2011
  • Protection of vulnerable people in our country today, "the National Basic Livelihood Security Act," is primarily responsible. But current law income and wealth, and by a person responsible for supporting consider only the absolute protection of the poor, and because it is insufficient for the protection of vulnerable people. Specifically, current law does not mean the relative poverty of vulnerable people is limited to the protection of economic demand. It also incorporates the payment of salaries paid individual because the people most vulnerable to social protection is insufficient demand. Dependent regulation is too strict and a person responsible for supporting do not receive legal protection by forming a dead zone is a major cause. In this study, the development direction for the protection of vulnerable people suggests. The first, "National Basic Livelihood Security Act" award in determining the minimum cost of living is relatively proposed to introduce the concept of poverty. Second, payment of the consolidation benefit and the individual benefit to adopt a intermix approach, the social needs of vulnerable people to adapt to that proposed. Third, a person responsible for supporting dependent criteria and whether according to the actual supporting to be judged.

Loss of Lives caused by Ship Accidents and Corporate Criminal Liability (해양 선박사고로 인한 인명피해와 기업의 형사책임 - 영미의 사례 및 세월호 침몰사건과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.6
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    • pp.721-729
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    • 2014
  • The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

Recent Developments in Law of International Electronic Information Transactions (국제전자정보거래(國際電子情報去來)에 관한 입법동향(立法動向))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.155-219
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    • 2004
  • This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

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Issues on the Patient's Information Protection (환자 의료정보 보호의 문제)

  • Jeong, Bu-Gyun
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.339-382
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    • 2008
  • Medical information is one of significant private information that includes in-dividual's own diverse information. Once opened, it exposes one's health condition and medical history to a third party, which could bring about serious troubles. On this account, the third parties are of much concerns about the information. If medical information collected through various routes is used with another purpose, oilier than the initial intention, it might cause serious results beyond one's control. Thus, it is essential to keep the information confidential. Also, the discrimination based on the medical information ought to be banned because it is likely to happen that exposed information socially stigmatizes a person, being discriminated in a work place or a school when he/she is employed or gets an insurance. In the current system, only medical institutions are responsible for protecting or securing medical records. Despite the information technology development and the increased interests in medical information, there are quite a few limitations in legal, technical, and administrative aspects. All kinds of organizations, involved in collecting and using the information, as well as medical institutions primarily producing and managing it should share the responsibilities.

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The Legal System for the Independent Practice of Physical Therapy (물리치료원 독립 개원을 위한 제도적 장치)

  • Bae Sung-Soo;Kim Dae-Young;Nam Sung-Woo;Park Hwan-Jin;Jeon Jae-Kyun
    • The Journal of Korean Physical Therapy
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    • v.10 no.1
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    • pp.253-263
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    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

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