• KIEAE Journal
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• v.9 no.6
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• pp.19-26
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• 2009

In modern architecture, the air-tight construction aimed at saving the energy rather causes ventilation problems and the artificial materials for cost reduction worsen the residential quality. To deal with such negative effect, the study on evaluating the health performance becomes increasingly critical. Among the various factors such as design quality, selected material, construction method and mechanical system that shall be subject to evaluation to identify the health performance of the building, the study was aimed at investigating the legal standards associated with healthy building in various countries. Such evaluation items will provide inputs for an attempt to build legal criteria for a building health performance rating system in Korea.

• Journal of Legislation Research
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• no.53
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• pp.9-59
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• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Journal of Information Management
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• v.36 no.2
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• pp.99-124
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• 2005

In order to effectively establish the national S&T information system that consists of essential element in national competitiveness, it is necessary to make institutional devices for systematically and comprehensively collecting, managing and distributing S&T information resources at the national level. This paper aims to seek for alternatives to improve the legal deposit system, one of the institutional devices, on the basis of reviewing the existing laws and regulations.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.153-184
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• 2003

‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.115-131
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• 2017

The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.137-147
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• 1994

Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.3
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• pp.655-664
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• 2021

The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• Journal of Intelligence and Information Systems
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• v.18 no.3
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• pp.137-152
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• 2012

In the generation of Web 2.0, as many users start to make lots of web contents called user created contents by themselves, the World Wide Web is overflowing by countless information. Therefore, it becomes the key to find out meaningful information among lots of resources. Nowadays, the information retrieval is the most important thing throughout the whole field and several types of search services are developed and widely used in various fields to retrieve information that user really wants. Especially, the legal information search is one of the indispensable services in order to provide people with their convenience through searching the law necessary to their present situation as a channel getting knowledge about it. The Office of Legislation in Korea provides the Korean Law Information portal service to search the law information such as legislation, administrative rule, and judicial precedent from 2009, so people can conveniently find information related to the law. However, this service has limitation because the recent technology for search engine basically returns documents depending on whether the query is included in it or not as a search result. Therefore, it is really difficult to retrieve information related the law for general users who are not familiar with legal terms in the search engine using simple matching of keywords in spite of those kinds of efforts of the Office of Legislation in Korea, because there is a huge divergence between everyday words and legal terms which are especially from Chinese words. Generally, people try to access the law information using everyday words, so they have a difficulty to get the result that they exactly want. In this paper, we propose a term mapping methodology between everyday words and legal terms for general users who don't have sufficient background about legal terms, and we develop a search service that can provide the search results of law information from everyday words. This will be able to search the law information accurately without the knowledge of legal terminology. In other words, our research goal is to make a law information search system that general users are able to retrieval the law information with everyday words. First, this paper takes advantage of tags of internet blogs using the concept for collective intelligence to find out the term mapping relationship between everyday words and legal terms. In order to achieve our goal, we collect tags related to an everyday word from web blog posts. Generally, people add a non-hierarchical keyword or term like a synonym, especially called tag, in order to describe, classify, and manage their posts when they make any post in the internet blog. Second, the collected tags are clustered through the cluster analysis method, K-means. Then, we find a mapping relationship between an everyday word and a legal term using our estimation measure to select the fittest one that can match with an everyday word. Selected legal terms are given the definite relationship, and the relations between everyday words and legal terms are described using SKOS that is an ontology to describe the knowledge related to thesauri, classification schemes, taxonomies, and subject-heading. Thus, based on proposed mapping and searching methodologies, our legal information search system finds out a legal term mapped with user query and retrieves law information using a matched legal term, if users try to retrieve law information using an everyday word. Therefore, from our research, users can get exact results even if they do not have the knowledge related to legal terms. As a result of our research, we expect that general users who don't have professional legal background can conveniently and efficiently retrieve the legal information using everyday words.

• Journal of Korean Library and Information Science Society
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• v.40 no.1
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• pp.209-232
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• 2009

The purpose of this study is to suggest guidelines for legal deposit process on online digital materials and use of the deposited materials both in National Digital Libraries and other places. At present, two Acts -- 'Act on Legal Deposit Process and Use of Online Digital Materials, ' 'Act on Partially Revised Library Law' -- are still pending in National Assembly. For the establishment of the guidelines in this study, advanced countries' legal deposit Acts in this area are searched and investigated. Also, in order to present various opinions from many parties immediately interested in the guidelines and Acts, survey, visitation, and consultancy methods are used.