• Title/Summary/Keyword: Protection Law

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- An Empirical Research on the Product Liability Response System for Consumer Safety- (소비자 안전을 위한 제조물 책임 대응시스템에 관한 실증적 연구)

  • Kim Jin Yong;Oh Byeong Wan
    • Journal of the Korea Safety Management & Science
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    • v.6 no.3
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    • pp.65-75
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    • 2004
  • Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

A Study on the Copyright Understanding of Information Experts in the Library and Information Center (도서관 정보전문직의 저작권 인식에 관한 조사연구)

  • Yoon, Sun-Young
    • Journal of Information Management
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    • v.33 no.3
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    • pp.27-43
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    • 2002
  • This paper has attempted to identify use status of information reproduction in the library and information center. At the same time, it investigated how information experts understanding about the copyright protection and information experts' knowledge to relate items of the copyright law.

A Study on "The Right to be Forgotten" in Cyber Space (사이버 공간에서의 '잊혀질 권리')

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2015.07a
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    • pp.121-123
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    • 2015
  • 본 논문에서는 잊혀질 권리에 대한 법정책적 검토를 논하고자 한다. 잊혀질 권리는 다른 기본권과 충돌할 수밖에 없기 때문에 이 권리를 법률로 구체화하는데 다각적인 학제 간 연구가 선결문제로써 검토되어야 한다. 정보 주체에게 잊혀질 권리를 법제화하는 것은 그 정보를 사용하려는 사람의 표현의 자유 및 국민의 알권리를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 비록 현행 개인정보보호법 및 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제44조의 2는 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 프라이버시권과 표현의 자유 및 알권리의 조화롭게 균형을 찾는 것이 선행과제인 것이다.

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Flash Points of Water+n-Propanol System Using Closed-Cup Measurement Apparatus (밀폐계 측정장치를 이용한 물-노말프로판올 계의 인화점)

  • Ha, Dong-Myeong;Choi, Yong-Chan;Lee, Sung-Jin
    • Journal of the Korean Society of Safety
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    • v.17 no.4
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    • pp.140-145
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    • 2002
  • The Flash Point is one of the most important combustible properties used to determine the potential for fire and explosion hazards of chemical materials. An accurate knowledge of the flash point is important in developing appropriate preventive and control measures in industrial fire protection. The lower flash points for the Water + n-Propanol systems were measured by using Pensky-Martens closed cup tester. The experimental data were compared with the values calculated by the laws of Raoult and van laar equation. The calculated values based on the van Laar equation were found to be better than those based on the Raoult's law.

ENVIRONMENTAL NOISE POLICIES AND NOISE CONTROL PRACTICE IN CHINA

  • Tian, Jing
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2005.11a
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    • pp.25-32
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    • 2005
  • In China, environmental noise policies are composed of correlated laws adopted by the Standing Committee of the National People's Congress and promulgated by the President of the country, regulations promulgated by the State Council and/or local government, standards issued by the Standardization Administration Committee (SAC) under the State Council. The laws mainly include the 'Environmental Protection Law' and the 'Law on Prevention and Control of Pollution From Environmental Noise' Regulations are often applied to a special noise pollution phenomenon of wide influence. They are generally only effective in a given area and/or a specific period. Tens of correlated standards specify the noise level limits of different functional zones of land use and of different equipment, machines, devices, appliances etc., and the measurement methods. In this presentation, a brief introduction to these policies and their operations is given and discussed. The conclusion is that the policies supply an effective legislative basis for environmental noise prevention and control in China, but still a lot of work should be conducted and completed to strive for a quiet society.

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The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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The Investigation and Analysis of Field Condition on Flood Protection Equipment of Transformer Vault in Flood Area (침수지역에서 수·변전설비 침수방지시설에 관한 현장실태 조사 및분석)

  • Kim Gi-Hyun;Kim Chong-Min;Kim Sun-Gu;Hwang Kwang-Su
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.19 no.4
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    • pp.85-90
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    • 2005
  • Inundation of Transformer Vault breaks out every summer season in low-tying downtown and low-tying shore by localized heavy rain, typhoon and tidal wave. In case inundation of Transformer Vault, it occurs a great economic loss owing to recovery time and events of electric shock occur by inundation electrical facility. So we need installation plan of Transformer Vault in common flood area for preventing from economic loss and equipment events. Therefore we research distribution of 22.9[kV] Transformer Vault in common flood of the country and analyze field condition about flood protection plan. And we analyze regulation or law relating to the flood protection counterplan of US, England, Australia. This paper will be used to present a reform proposal of electrical related law about flood protection of existing Transformer Vault. Also we present considering facts at the time Transformer Vault installation in common flood area.

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.392-402
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    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

An Experimental Study on the Effects of Risk Cognition of Personal Information and Self-Expression Information on Conation of Privacy Protection (SNS의 개인정보와 자기표현정보의 중요도 인지가 정보보호 행동의지에 미치는 영향에 관한 실험연구)

  • Lim, Jung-Ho;Kwon, Sun-Dong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.3
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    • pp.681-694
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    • 2018
  • This paper studied the effects of risk cognition of personal information and self-expression information on conation of privacy protection. In the first study, 88 college students who volunteered for this research were surveyed about risk cognition of personal information and conation to protect it. In the second study, after an information-seeking expert collected and organized the self-expression information that 88 volunteers had expressed on SNS, and then showed the organized self-expression information to 88 volunteers, and then 88 volunteers were surveyed about risk cognition of self-expression information and conation to protect it. As results of the first data analysis, the risk cognition of personal information had the greatest influence on non-disclosure of personal information, followed by reduction of the disclosure scope and law institutionalization requirement. As results of the second data analysis, SNS users openly expressed their opinion or life-style, but when they realized that self-expression information can be accumulated and become sensitive information, they had conation to protect their self-expression information such as non-disclosure, reduction of disclosure scope, and law institutionalization requirement. The implication of this study is that we have overcome the limitations of existing researches that can not explain information protection behavior on SNS.