• 대한건축학회논문집:계획계
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• 제35권4호
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• pp.103-114
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• 2019

From the "Recommendation on the Safeguarding of the Beauty and Character Landscapes and Sites"(1962) to the "ICOMOS-IFLA Document on Historic Urban Public Parks"(2017), 'the spatial safeguarding Concept of Cultural Heritage' in International Norms has manifested in various types. In this article, 24 types of International Norms that reflect 'the concept of Spatial Safeguarding in Cultural Heritage' and Korea legal system such as 'Historical and Cultural Environment' were analyzed in the following two aspects. The first aspect is 'Object Type to safeguard' and analyzed in four types such as 'Groups of buildings(A type)', 'Surrounding, Environment, Setting(B type)', 'Cultural landscape(C type)', 'Historic area and Historic towns(D type)'. The second aspect is 'Safeguarding value(analysis elements)' and analyzed in the following tree elements ; 'Landscape value' such as skyline, 'Intangible value' such as the functions of cultural customs, and 'Ecological value' that should preserve life itself. As a result of the study, 'the concept of Spatial Safeguarding in Cultural Heritage' including C and D type and three value which are trends of International Norms are reflected in Korea legal system, and concrete safeguarding methodology is also implemented systematically in case of ecological value. However, intangible values are not specific to the methodology in both International norms and Korea legal systems, and should be developed in the future.

• 한국컴퓨터정보학회논문지
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• 제25권10호
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• pp.221-230
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• 2020

도시를 첨단 거대 고층빌딩숲으로 융성하게 만든 승강기는 매일 사용하는 중요 수직 교통수단이다. 승강기 안전에 대한 문제점을 분석하여 행정법학적,공학적 개선방안을 제시하는 것이 본 연구의 목적이다. 연구방법은 승강기안전을 구성하는 중요 공학적 요소와 관련법령, 선행연구를 분석하는 문헌적 방법을 채택하였다. 연구내용으로는 승강기안전공단 정책자문위원과 평가위원 경험을 토대로 하여, 승강기안전시스템을 구성하는 공학적 분석으로서 건축,전기,전자,정보통신,선박공학과 승강기안전법을 중심으로 한 법령들의 문제점을 분석하였다. 연구결과로서 승강기안전에 관련되는 관련 공학들간, 관련 법령들 간의 융합적 연계에 의한 이른바 법공학적 시스템이 구축되어야 함을 제시하였다. 향후 승강기 안전에 대한 공학적, 법제도 행정법학적 융합시스템의 구축과 개선입법을 위한 대안으로 활용 될 수 있을 것이다.

• 한국조경학회지
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• 제29권5호
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• pp.115-124
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• 2001

The purpose of this study is to examine the rightness of establishing the Essential Act of Landscape Architecture in Korea and to present the legal phase, the legislative system and the construction of a contents at the expected enactment of it. It is necessary to point out the problems of the various fields of landscape architecture and to propose the solutions of them. The contents of the study are as follows, 1 . The number of the regulations related to landscape architecture is a good reason for which the field of landscape architecture is worth being included to the positive law. 2. The problems by items(ordinance, engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, material, aesthetics and sight, environmental conservation and ecology, right and penal regulations) to the domestic related regulations being at issue and the remedies for it shall be considered at the enactment of the Essential Act of Landscape Architecture. 3. The number of the domestic regulations being related to landscape architecture which have a term of\` the Essential Act∼\`is 5. 4. The Essential Act of Landscape Architecture is the separate Essential Act welch defines the scope of landscape architecture as construction works and controls the business essentially. 5. The meaning and character of the Essential Act of Landscape Architecture was examined and the reasons for that essential act were recognized in point of the legal, landscape architectural and educational systems. 6. The creation of new official landscape architectural organization is a reason to justify the enactment of the Essential Act of Landscape Architecture. 7. The legal phase, the legislative system and the construction of a contents of the Essential Act of Landscape Architecture ware presented and this act shall conform to such as the legal system of the Architectural Act, the Essential Act of the Construction Industry and so on. The result of this study will be the basic materials for the creation of the Essential Act of Landscape Architecture.

• 환경영향평가
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• 제10권3호
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• pp.195-209
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• 2001

The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

• 한국지반공학회:학술대회논문집
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• 한국지반공학회 2009년도 세계 도시지반공학 심포지엄
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• pp.671-676
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• 2009

Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

• 통상정보연구
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• 제7권3호
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• pp.3-25
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• 2005

It is high time to prepare the online publication system of academic research paper. Online publications like digital research paper, e-Book, etc. are increased day by day as the information technology(IT) is developing continually. But, the legal aspect of publication system of academic research paper in Korea is not prepared yet. The purposes of this study are to examine the problems on the publication system of academic research paper in the context of digital goods and to frame a policy of legal proceedings in relation to the social science. The methodology used in this paper is theoretical analysis which is examining the case of academic research system and scientific journal in Korea. As a result of this study, following measures are suggested: (1) Legal provisions on the online publication system, that is, "Research Promotion Law of Korea" controlled by KRF(Korea Research Foundation) and MOE(Ministry of Education) should be revised. (2) Solution like software program and DB system proceeding the data on academic research paper should be prepared newly. (3) From the viewpoint of digital goods, both protecting the intellectual property right and settling the reliance upon online publication system should also be considered simultaneously.

• 의료법학
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• 제8권1호
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• pp.137-177
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• 2007

The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

• 한국관개배수논문집
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• 제21권1호
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• pp.127-140
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• 2014

Recently drastic climate changes(e.g., extreme floods and droughts) are often taking place around the world. Even an increase in uncertainty, population, and mega cities has caused drastic changes in water recycle process. As in other countries, Korea has faced some issues relevant to water security. In response to these changes, Smart Water Grid(SWG) system combining the current water resources management with ICT (Information and Communications Technology) is considered as a new paradigm for the Korean water resources management. This study aims to explore and identify influential factors contributing to the SWG system's application to analyze the importance and role of those factors, and then to offer a policy suggestion for the successful application of the SWG system along with legislative improvements in Korea. In this study, we looked at different barriers related to the SWG application and also the complicated Korean water laws, enacted by different ministries and in order to efficiently apply the SWG system to the current Korean water resources management structures. This study employed qualitative research methods to analyze and identify the priorities of the tasks to be implemented by analyzing conditions for the SWG application, especially related to multi water sources and micro water grid, because legal and institutional measures can be more important to manage conflicts between different stakeholders once the SWG enters a phase of standardization and commercialization from its development stage.

• 통상정보연구
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• 제12권4호
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• pp.405-427
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• 2010

This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

• International Journal of Computer Science & Network Security
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• 제21권12spc호
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• pp.521-525
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• 2021

An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.