• The Journal of the Korea Contents Association
• /
• v.16 no.10
• /
• pp.175-187
• /
• 2016

Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

• The Journal of the Korea Contents Association
• /
• v.12 no.5
• /
• pp.188-198
• /
• 2012

Church is one of organizations recognized not as corporation but as private association and therefore its identity and possession of properties must be confirmed by the general theories of the civil law in relation not to corporation but to private association. Different from corporation, the internal relations of private association is primarily regulated by the articles of association. When there is no article of association, ordinary resolution and provisions for incorporated association in the civil law are applied by inference. As for the debt of private association, all the members own it in a quasi-joint manner (article 275 and 278). For the last 50 years, the judicial precedents of the Supreme Court has permitted the partition of church for the Protestant church and ruled that the relationship of properties at the time of partition is the joint ownership by church members at the time of partition. This ruling is different from that of corporation and ordinary principles of law. However, a new judicial precedent (the Supreme Court, 2006. 4. 20, 2004다37775) prescribes that different from corporation, the partition of private association is not allowed. Thus, in order to settle the dispute of private association, the Supreme Court changes its traditional standpoint of allowing partition into denying it. This ruling seems to reflect the necessity of settling dispute above all.

• Korean Journal of Childcare and Education
• /
• v.10 no.4
• /
• pp.5-28
• /
• 2014

South Korea has strengthened the eligibility criteria for childcare teachers while amending the Infant Care Act in January 2005 in order to improve the quality of childcare services. Since then, there was a change in the legal basis related to childcare staff such as introduction of national certification of childcare center directors, name change, strengthened qualification standards for directors and teachers, training system maintenance and repair, strengthened credit standards of teachers' care related qualification courses, and maintenance provisions of continuing education nursery teacher qualifications. And that is because childcare staff are closely related to the quality of childcare, and a very important variable who has direct influence on infants. This study, through literature research and analysis, describes the status and development direction of childcare staff. This study covers three main aspects. First, the relevant historical flow was reviewed and the concepts of the role, expertise, and legal status of childcare staff were investigated. Second, staff training institutions, emissions certification, employment, and the status of treatment were investigated. Third, development direction for the training system, eligibility criteria, continuing education and its training system, and treatment improvement were proposed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.62
• /
• pp.55-86
• /
• 2014

Korea has become a member of the United Nations Convention on Contract of the International Sales of Goods (the 'CISG') effective since March 1, 2005. As, therefore, the governing law of the general terms and conditions (the 'GTC') in the Government Foreign Procurement Contract (the 'Contract') is mandatorily fixed to the Korean Law, the CISG, as an International Convention, now having an equivalent or even higher status to the Korean Law, unless expressly excluded, will be priorly applied to the Contract where a transaction occurs between its members. In this regard, this study focuses on how to find the way for the CISG to be a governing law of the GTC in order to eliminate legal uncertainties and lacks of foreseeability prevailed in the international trade. For that purpose, the legal aspects of GTC, and the Buyer's remedy for the Seller's breach of the Contract are analyzed in accordance with the comparative study between the CISG and the GTC including the relevant case studies. As a result of this study, the application of the CISG into the GTC is highly recommended in order to reflect into the Contract such features as fairly harmonized for the interest of both parties. Taking this opportunity, a GTC, amended from the existing one, or newly formed, within the perimeter of not conflicting with the provisions of the CISG, including but not limited to the Civil Law and Commercial Law, is required in order to evenly share each party's responsibilities and obligations where the breach or remedy of the Contract is, and, thus, which will ultimately contribute to an efficient conduct of the Contract.

• Ocean and Polar Research
• /
• v.30 no.1
• /
• pp.89-107
• /
• 2008

Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

• Journal of Korean Society for Atmospheric Environment
• /
• v.29 no.4
• /
• pp.353-368
• /
• 2013

All Koreans had suffered heavily from municipal and industrial air pollution problems since 1960's to 1980's. However the levels of $SO_2$, CO, and Pb have been dramatically decreased since 1990's due to various air pollutants' reduction policies under the provisions of the 1978 Environmental Preservation Act and the 1990 Air Quality Preservation Act such as increasing the supply of low-sulfur fuel, the use of cleaner fuel, no use of solid fuel, and so on. Even though the national ambient air quality standard has been strengthened to protect public health and welfare, the levels of $NO_2$, $O_3$, and $PM_{10}$ frequently exceed the corresponding standards; for example, only 4 stations (1.7%) out of 239 nationwide monitoring stations satisfied the 24-hr based PM10 standard in 2011. Moreover, upto the present time, since there are serious underlying policies of economism and growth-first which can not be solely solved by the environmental laws, it is difficult to root out undesirable social evils such as public indifference, passive academic activities, complacent government bureaucracy, insufficient social responsibility of enterprise, and radical activities of environmental groups. The paper initially reviewed air pollution history of Korea with surveying various environmental factors affecting in/out-door air pollution in the past Korea. Further this study extensively investigated legal and political changes on air pollution control and management for the last 50 years, and then intensively discussed the present environment-related laws and policies unreasonably enforced in Korea. It is necessary to practically revise many outdated legal policies based on health-oriented thinking and on our current economic levels as well.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.69-100
• /
• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.15 no.2
• /
• pp.688-697
• /
• 2014

The current accounting for the long term care facilities are enforced by either financial accounting stipulations of social welfare legal entity or the guiding principles of long term care insurance law. In addition, some facilities are not eligible to access to the Korea Health and Welfare information system and even don't have any obligation to report financial information. Thus financial position and performance of activities are not well known to the interested parties. This study investigated the way how to improve the current accounting stipulation of the long term care facilities. In conclusion, we should introduce the accounting standards based on the double entry system but on other aspect, also more simplified financial statement based on single entry system for smaller facilities. Also we should introduce three important appropriation accounts for the net income of institution which matches GAAP. For a successful plantation of accounting standards, it is necessary to establish provisions, government subsidy account, depreciations concept.

• Journal of Convergence for Information Technology
• /
• v.9 no.9
• /
• pp.44-51
• /
• 2019

Recently, various platforms utilizing blockchains have appeared. In order to develop the blockchain, it is required to improve related laws and institutions. In this respect, we analysis of the laws and systems related to domestic blockchains, draw out the limitations, and suggest directions for improvement. The research method was analyzed the literature and related laws through literature review. It is difficult to analyze the whole law and system at one time, so we examined the necessary laws and systems to revitalize the blockchain. It is confirmed that legal improvement is needed on the scope of electronic transactions and electronic financial transactions, electronic commerce, digital signatures, import and export, personal information protection, blockchain industry promotion and research. Through this, we expect a balanced development of effective blockchain revitalization and protection of national fundamental rights. Individual studies on the legal provisions and systems for each item in the future can be conducted.

• Korea Trade Review
• /
• v.43 no.3
• /
• pp.75-100
• /
• 2018

This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.