• Title/Summary/Keyword: Legal status

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Childcare Staff (보육교직원)

  • Suh, Young Sook;Park, Jin Ok;Suh, Hye Jeon
    • Korean Journal of Childcare and Education
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    • v.10 no.4
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    • pp.5-28
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    • 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.

Forty years of the Outer Space Treaty : the problem inherent in governing the weaponization of the outer space (우주조약 체결 40년 : 우주의 군사적 이용 규율 문제)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.207-223
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    • 2008
  • The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

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A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.39-75
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    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

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Current Status and Policy Issues of Senior Clubs: With Focus on Senior Employment Programs (시니어클럽의 현황 및 정책과제: 노인일자리사업을 중심으로)

  • Won, Young-Hee
    • 한국노년학
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    • v.32 no.2
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    • pp.525-540
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    • 2012
  • The study aimed to investigate the current status and policy issues of senior clubs, focusing on the senior employment programs in South Korea. The current status of senior clubs was reviewed based on their legal basis, organization, project type, finance, project performance, and operational difficulties(low revenue yields, high labor intensity and low wages, lack of funding, weakness in provision of a legal basis, etc.). The policy directions of such clubs were also defined as follows: (1) establishment of the role of senior clubs(a local senior center of job creation projects, an execution entity of business senior employment programs matching the regional characteristics, and a center for community change through the promotion of awareness of the problems of and related to the elderly and through empowerment of the elderly); (2) improvement of the quality of jobs(need-based and sustainable job creation, quality improvement in education, improvement of the elderly practitioners' working conditions, and collaboration and partnerships among the public-private sectors); and (3) legislation and amendment of senior employment programs.

A Study of Legal system of Chinese Farmer Professional Cooperative(CFPC) (중국 협동조합(농민전업합작사)의 법과 제도에 관한 연구)

  • Du, ChengLin;Kwon, JuHyoung;Chang, SugIn;Joeng, Gangwon
    • Industry Promotion Research
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    • v.5 no.2
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    • pp.93-103
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    • 2020
  • The purpose of this study is to provide a basis for the sustainability of cooperatives, To provide theoretical support for healthy development and academic research. The purpose of this study is to improve people's understanding of cooperatives (farmer professional cooperatives) in China. First of all, we analyze the background and concept of the introduction of cooperatives and the use of the latest advance research in China and South Korea; Secondly, we propose the status of Chinese cooperatives and the growth process of the legal system; Thirdly, we focus on the law and system of Chinese farmer professional cooperatives. Therefore, this study proposes the following four enlightenments : First, China should continue to improve and improve its legal systems, such as the tax assistance legal system, financial preferential legal system, and technical assistance legal system. Secondly, it is necessary to strengthen government supervision of cooperatives, improve the internal system of farmer cooperatives, improve the financing policies of farmer cooperatives, grasp the relationship between development and regulation, and form a development model centered on farmers. Third, the development of farmer cooperatives must be integrated with the local culture. Fourth, we must strengthen the training of cooperative members and strive to improve the level of management and self-innovation.

A Study on the Complex Arbitrations (Multi-Issues, Multi-party, Multi-Contract) (복합중재에 관한 소고)

  • Park, Young Gil
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.139-160
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    • 1999
  • International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

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A Study On Legal Delay Before Divorce Program in Korea (이혼숙려제도 활성화를 위한 기초연구 - 자발적으로 이혼관련상담기관을 내방한 기혼남녀를 중심으로 -)

  • Park, Sang-Jin;Kim, Yang-Hee;Auh, Seong-Yeon;Park, Jeong-Yun;Chang, Young-Eun;Jung, Jin-Hee
    • Journal of Family Resource Management and Policy Review
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    • v.13 no.3
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    • pp.157-180
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    • 2009
  • The purposes of this study were (a) to examine perceptions of the Legal Delay Before Divorce Program (LDBDP) in Korea among individuals, (b)to predict the need for the LDBDP, and (c) to predict the needs for psychological counseling with predicting variables. Two hundred questionnaires were completed by the clients of a legal aid center in Seoul. The majority of participants knew about and expressed their need for the LDBDP. Participants agreed to the LDBDP because it could prevent impulsive divorce, provide time to prepare for post-divorce life, provide support with counseling, and protect the children in families of divorce. Participants disagreed to the LDBDP because it only delayed the time to divorce, prolonged emotional suffering, and intruded on personal privacy. In the model test, the need for the LDBDP was significantly predicted by marital instability scale, age, education, occupation, the period of living apart, and the status of voluntary divorce. The need for psychological counseling was significantly predicted by age, having at least one child, having at least one minor child, marital period, and need for family life counseling in the suggested model.

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Legal issue in ride-sharing service -Discussions on shared and synthesis economy- (승차 공유 서비스의 법적 쟁점 - 공유경제와 종합경제 논의 -)

  • Lim, Han-Sol;Jung, Chang-Won
    • Journal of Digital Convergence
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    • v.18 no.4
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    • pp.101-112
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    • 2020
  • This study aims to discuss the current status of the ride-sharing platform industry, which embodies the core values of the 4th Industrial Revolution, sharing and connectivity, as well as economic, industrial, and legal issues. To understand the position of competing groups, the research conducted extensive literature reviews on domestic and international cases of technical and legal issues of the sharing economy. The result indicates that the ride sharing industry showed the economy of synthesis in which production, supply, distribution, and consumption are on one platform. It made possible to share values to users and synthesize them with new services through easy-access mobile application technology. To resolve the conflicts between the taxi industry and the ride sharing industry, this study suggests the following: Ride-sharing companies should make contributions to provide legitimate services. The taxi industry needs to understand the value of the new industry and consumers who chose the shared platform service. The significance of the current study is that it proposed a comprehensive analysis and policy direction toward the issue of balance between public and private interests and legal stability.

Legal Reform Agenda for Open Spectrum Access (개방형 전파 사용을 위한 법 제도 개선 방안)

  • Lee, Hee Jung
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.25 no.10
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    • pp.995-1004
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    • 2014
  • Due to the development of spectrum use technology and various services based on radio spectrum, the scarcity of spectrum has been heightened. In this circumstances both the efficiency and fairness of spectrum use need to be raised. Open spectrum access can be a useful approach for both goal. For the open spectrum access the legal institution needs to be reformed to enable it. From the starting point of spectrum use till the end of spectrum use there can be various issues of rights and obligations. So the legal institution for various legal status of spectrum use and establishment and continuous management of DB and fast and respectable dispute resolution mechanism is required.

Technological and Social Significance of the Revision of the Radio Law (전파법 개정에 따른 기술·사회적 중요성)

  • Yang, Jeong-Won;Seok, Gyeong-Hyu;Shin, Hyun-Shin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.14 no.4
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    • pp.627-636
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    • 2019
  • The Radio Law was revised twelve times since the full revision in 2000, and now it is equipped with the current status of securing radio resources, distribution and allocation of radio resources, utilization of radio resources, protection of radio resources and promotion of radio waves, which can be evaluated to include the legal nature of securing radio resources and propagation beyond the simple administrative legal nature of radio resources. The legal system in the telecommunication sector is also being improved, and the Radio Law is also supplementing the weak points through two revisions. The domestic radio law, and it is considered to form a legal system for promoting the effective allocation and utilization of resources in accordance with the changes in radio wave usage environment. It can be evaluated that it has become a law related to radio promotion and competition in the existing simple administrative law. It is considered necessary to adjust the detailed regulations for each type of use.