• Journal of Information Management
• /
• v.38 no.4
• /
• pp.48-67
• /
• 2007

The economic burden which our society has to take exceeds the benefit that it becomes by the free circulation of information. Problems such as inconvenience or inequality between people can also occur since the regulation task of spam e-mail or SMS is imposed on two organs; the Department of Information and Communication and Free Trade Commission. The dualization of regulation separates related laws, which makes exception according to the $\ulcorner$Law on Information Communication Usage and Information Protection$\lrcorner$ or poses double regulation toward the same case. The spam prevention activity at free hands of information communication network provider such as portal site or mobile communication has many limitations along with comparison and analysis of spam regulations abroad. Therefore, examinations on legal obligation such as service restriction, identification and technical measure to spam prevention is needed. This study focuses on making the scope of spam regulation clear by considering the domestic related laws and the general environment of industry, on enacting law which regulates spam including advertisement and on deducting essential facts in enacting or modifying related laws and thus, deducting the form and contents of spam regulation law which is most decent in our domestic environment.

• Journal of Korea Trade
• /
• v.25 no.2
• /
• pp.152-177
• /
• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Fire Science and Engineering
• /
• v.33 no.2
• /
• pp.124-131
• /
• 2019

When a fire occurs in a road tunnel, it is likely to develop into a major disaster because of its sealed structural characteristics. Because of this, a range of disaster prevention facilities should be installed, and they should show their appropriate functions in fire prevention and response. In addition, the installation of essential disaster prevention facilities is missing due to the lack of considering an extension of continuous tunnels and soundproof tunnels. For these reasons, it was judged that an amendment to the law would be necessary. Therefore, this paper reviewed the changes in domestic laws related to the disaster prevention facilities of road tunnels, and the results of the study on the parts that need to be revised in the fire-related laws through a comparative analysis between laws are as follows. First, consecutive tunnels should consider the sum of the extensions of the individual tunnels and ensure that the soundproof tunnels are included in the category of tunnels in the law. In this way, the necessary disaster prevention facilities should be installed. Second, it is necessary to secure a legal justification for installing disaster prevention facilities in tunnels. Therefore, it is essential that water mist fire extinguishing system facilities, emergency broadcasting facilities, and leading lights, which are excluded from installation in tunnels, are specified in the Fire-related laws. Third, to specify in the law that air respirators must be provided in the tunnel is necessary from the viewpoint of the field response. Accordingly, it will make a great contribution to the fire-fighting activities and the life-saving efforts by fire-fighters.

• Korean Journal of Environment and Ecology
• /
• v.33 no.3
• /
• pp.321-332
• /
• 2019

The purpose of this study is to identify the problems and present the improvement measures by assessing the suitability of planning of provincial natural parks on a legal basis. We assessed the suitability of 29 provincial parks to examine the suitability of park planning (special-purpose district planning and facilities planning) according to the Natural Park Act, implementation of the park projects, and registration of Korea Real estate Administration intelligence System (KRAS) for park management and obtained the following results. In the case of the park nature conservation districts among the special-purpose districts, 24.1 % (7 parks) were not feasible or decided the park facility that was larger than the planned area. The amended law requires the park cultural heritage district as a new special-purpose district, but 41.2% did not designate the district or failed to comply with the standard. Moreover, there was a problem of establishing or announcing the plan that was unsuitable for the management of park village district (former collective facilities district). Although provincial parks are categorized as the restricted area, the park facility plans still focus on regional development and tourism development, and the titles (names) of the park facilities are wrong. The law requires digitalization and disclosure of park plans, but many parks fail to abide by the law. We judge that it is necessary to develop effective provincial park planning and establish the measures to protect and manage the provincial parks.

• Journal of the Korean Society of Radiology
• /
• v.15 no.3
• /
• pp.355-359
• /
• 2021

In this study, the purpose of this study was to analyze the degree of exposure of radiation workers assigned to the Department of Radiology and frequent visitors during on-campus practice, and to conduct a basic study on the feasibility and optimization of the radiation protection of the Nuclear Safety Act for the Department of Radiology. . The average exposure dose of occupational workers by year was 0.01 mSv, the lowest in 2014 and 2016. The highest figure was 0.12 mSv in 2018. The average exposure dose of frequent visitors by year was the lowest at 0.013 mSv in 2018, and the highest at 0.022 mSv in 2016. According to this study, the annual exposure dose received by professors, practical assistants, and students in the department of radiology (department) who use only radiation generators in the course of in-school practice is less than 1 mSv, which is the dose limit for the general public. Therefore, at the time when the radiation dose of students in the Department of Radiology is lower than the dose limit of the general public, the current safety regulation of the Nuclear Safety law is judged to be excessive regulation. Therefore, it is considered necessary to revise the regulations for radiation generators in the current Nuclear Safety law or to revise the radiation safety management system for university students.

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

• The Korean Society of Law and Medicine
• /
• v.24 no.3
• /
• pp.105-124
• /
• 2023

Modern society is facing an unstable environment due to unexpected accidents and hazardous situations. For example, incidents such as the collapse of the Bundang Bridge and the crushing accident in Itaewon could serve as examples. In addition to these, critical emergencies like sudden cardiac arrests and strokes frequently occur, requiring swift actions and smooth transfers to specialized medical institutions for effective responses. In response to these risks, the country has been establishing various systems to protect the lives and safety of its citizens. Among these, the 119 First Aid Activities plays a crucial role within the emergency medical system. Its goal is to promptly respond to critical emergency situations involving severe trauma patients or patients with serious illnesses, minimizing damage and safeguarding lives by swiftly transferring them to emergency medical institutions for specialized treatment. The core activity related to this is emergency rescue operations. In particular, the 119 First Aid system serves as a crucial institution responsible for the hospital transportation of emergency patients. However, rescue personnel still encounter cases of interference with their activities during their duties. Despite efforts from the police, these interference cases persist, and they share similarities with the crime of obstructing official duties. Interference with emergency activities exhibits a comparable nature to instances such as physical assaults and equipment damage against emergency medical practitioners working within the emergency medical system. Therefore, a comprehensive understanding and improvement efforts regarding the issues of interference that arise during the process of emergency medical activities, including the 119 First Aid system, are necessary. The solution to these problems is to establish and improve the conditions for obstruction of first aid activities, focusing on the "Framework Act on Firefighting" and the "Act on 119 Rescue and Emergency."

• Spatial Information Research
• /
• v.11 no.1
• /
• pp.73-88
• /
• 2003

Geographical data sets are expensive to create and are very easy to copy because the intellectual property rights for the distribution should be protected. The main object of copyright law is to encourage expression of ideas in tangible form and it extend only to original works, it is limited to control the balance of interests between data producers and user. Because the development of a useful legal framework for both private and public activity in this field is an important issue. This paper presents an intial attempt at such a the effective management strategy intended to support continuing research into the legal protection of geographical information.

• International Commerce and Information Review
• /
• v.11 no.4
• /
• pp.229-259
• /
• 2009

Financial service in economy is same with neural net or vein net of human body. Moreover, every economic entity which has experienced global financial crisis in 2008 is realizing more importance and power of financial service, and is recognizing financial service as a part of new engine of growth for economic development. As global linkages relating financial service in the industry are deepened, we can expect that the economic interests between countries are more conflicted. Because financial service is regarded as critical factors in order to ensure future competitive advantage, more active change of financial service paradigm in Korea is required. The purpose of this paper is to analyze the paradigm of financial service in global business aspect, to prepare the global governance strategies about financial service, and to bring up some ideas for Korea's economic development after global financial crisis by intensifying the competitiveness of financial services. It is suggested that Korea should prepare the "Master Law for Financial Service" (provisional name) in advance as governance strategy for financial service. And not only establishing the financial risks prevention system and consumer's protection agency, but financial competitiveness strengthening actions will have to be included in governance strategy of financial service in Korea.

• Journal of Information Technology Services
• /
• v.13 no.4
• /
• pp.123-137
• /
• 2014

Since the global financial crisis, funding for startups or ventures has been diminished seriously. In this situation, crowd-funding has attracted worldwide attention as a viable means to financing startups/ventures. After reviewing existing laws in other countries, this study investigated the current status of crowd-funding legalization in Korea and surveyed requirements from three groups of participants to crowd-funding. Investors already recognized the high risk of crowd-funding into startups and asked for the protection of their investment. But, their priorities were on the enlargement of tax benefits and the establishment of a trading market for selling their equity. In addition, investors wanted to shorten the compulsory holding period. Issuers as fund raisers hoped fast legalization, convenient process of crowd-funding, and expansion of government support. Crowd-funding platform operators requested policies for establishing paths to become new growth companies from startups, tax benefits, and the setup of separate fund for startups. Currently, the National Assembly in Korea is holding the discussion on the submitted law. For desirable outcomes to all participants, it would be better to proceed in the following sequence. First, legalize the crowd-funding with clauses protecting investors; Second, encourage investment through tax benefits; Third, develop communities among participants for reducing information asymmetry; And fourth, establish diverse trading markets for selling equities of startups.