• Journal of Legislation Research
• /
• no.44
• /
• pp.757-799
• /
• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Journal of Legislation Research
• /
• no.41
• /
• pp.229-260
• /
• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• Journal of Legislation Research
• /
• no.53
• /
• pp.177-211
• /
• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• Journal of Legislation Research
• /
• no.41
• /
• pp.261-302
• /
• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

• Journal of Energy Engineering
• /
• v.28 no.3
• /
• pp.65-79
• /
• 2019

The study attempted to estimate the optimal facility capacity by combining renewable energy sources that can be connected with gas CHP in industrial complexes. In particular, we reviewed industrial complexes subject to energy use plan from 2013 to 2016. Although the regional designation was excluded, Sejong industrial complex, which has a fuel usage of 38 thousand TOE annually and a high heat density of $92.6Gcal/km^2{\cdot}h$, was selected for research. And we analyzed the optimal operation model of CHP Hybrid System linking fuel cell and photovoltaic power generation using HOMER Pro, a renewable energy hybrid system economic analysis program. In addition, in order to improve the reliability of the research by analyzing not only the heat demand but also the heat demand patterns for the dominant sectors in the thermal energy, the main supply energy source of CHP, the economic benefits were added to compare the relative benefits. As a result, the total indirect heat demand of Sejong industrial complex under construction was 378,282 Gcal per year, of which paper industry accounted for 77.7%, which is 293,754 Gcal per year. For the entire industrial complex indirect heat demand, a single CHP has an optimal capacity of 30,000 kW. In this case, CHP shares 275,707 Gcal and 72.8% of heat production, while peak load boiler PLB shares 103,240 Gcal and 27.2%. In the CHP, fuel cell, and photovoltaic combinations, the optimum capacity is 30,000 kW, 5,000 kW, and 1,980 kW, respectively. At this time, CHP shared 275,940 Gcal, 72.8%, fuel cell 12,390 Gcal, 3.3%, and PLB 90,620 Gcal, 23.9%. The CHP capacity was not reduced because an uneconomical alternative was found that required excessive operation of the PLB for insufficient heat production resulting from the CHP capacity reduction. On the other hand, in terms of indirect heat demand for the paper industry, which is the dominant industry, the optimal capacity of CHP, fuel cell, and photovoltaic combination is 25,000 kW, 5,000 kW, and 2,000 kW. The heat production was analyzed to be CHP 225,053 Gcal, 76.5%, fuel cell 11,215 Gcal, 3.8%, PLB 58,012 Gcal, 19.7%. However, the economic analysis results of the current electricity market and gas market confirm that the return on investment is impossible. However, we confirmed that the CHP Hybrid System, which combines CHP, fuel cell, and solar power, can improve management conditions of about KRW 9.3 billion annually for a single CHP system.

• Journal of The Korean Association For Science Education
• /
• v.41 no.4
• /
• pp.297-310
• /
• 2021

This study explores the characteristics of within-school and across-school science teacher professional learning communities (hereafter, PLC) qualitatively. In-depth focus group interviews were conducted with science teachers belonging to seven PLCs within the science core school and three PLCs across schools. Interview questions include identity and motivation, major activities, and outcomes of PLC, as well as shortcomings and support plans for PLC. The results include both within-school and across-school science teacher PLCs formed for professional development related to science teaching and learning. Both science PLCs participated in the study showed the characteristics of a 'practice community' that developed a cooperative relationship through reciprocal participation, focusing on shared issues among members. Regarding issues, within-school PLCs focused on microscopic problems such as curriculum reconstruction of subject-matter, while across-school PLCs focused on macro problems such as teacher professional development. Regarding activities and roles as PLC, within-school and across-school science PLCs shared such features as collaborative professional development, and interpersonal education such as mentoring for novice teachers. In terms of PLC's influence and outcomes, science teacher PLCs has a positive effect not only on the teachers themselves, but also on the students and the teacher culture in the school. In addition, science teacher PLCs need improvement of the physical conditions for community operation, and software support such as protocol provision for PLC operation and joint research or re-education with universities. In particular, joint research between universities and science teacher PLCs shows the future orientation of the PLC as an 'inquiry community'. Based on the results, the necessity of active support for science PLC, the necessity of developing a cooperative system between science teacher PLC and universities, and ways to spread the PLC of science core schools to that of general schools were proposed.

• Journal of Korean Philosophical Society
• /
• v.146
• /
• pp.49-77
• /
• 2018

This essay examines the ego (I-Subject) problem in Husserl's phenomenology and consists of four parts, as follows. Section I describes the meaning of this research on ego and some important points to note in relation to this study. Section II discusses two aspects of the problem of pure ego, which appears as an ego-problem for the first time. The first aspect is the two opposing positions that Husserl himself took regarding pure ego. Husserl initially rejected pure ego as an object of research in Logische Untersuchungen I (1901) however, he withdrew this position in Logische Untersuchungen II (1913). The second aspect is the content of pure ego that Husserl explored in Ideen I (1913) after he accepted pure ego as a phenomenological problem. The theme of section III is the "theory of three egos" which appeared in Ideen II (1912, 1952). Here, two issues have been noted, one of which is the methodological basis for enabling this theory: the phenomenological "attitude change" (Einstellungsaenderung) and the "Underlying" (Fundierung). The other is the explanation of the content of the three egos: the "physical ego", "personal ego" and the "pure ego". Section IV concerns two themes of the "monadic ego" that appeared in the Cartesianische Meditationen (1931). The first theme is the theoretical premise for the establishment of the monadic ego. In conjunction with this theme, phenomenological-psychological reduction was used as a new method to open up new problem horizons. The second theme brings up the content of the monadic ego, the essence of which can be summarized as follows. 1) This ego is based on a pluralistic and independent ego-concept in which each ego is equal to its own self. 2) It must be asked whether each of the monadic egos is different from one another. 3) The "other" of a certain transcendental ego is not the ego-other relationship but ego-another ego (alter-ego). 4) This phenomenological monadic ego can mutually communicate with alter-egos through empathy, unlike Leibniz's metaphysical monads.

• Journal of vocational education research
• /
• v.37 no.6
• /
• pp.1-15
• /
• 2018

The objective of this study is to provide the basic data for the efficient operation of industry-academia partnership apprenticeship school, by analyzing the interest in the relevant policy, targeting the interested parties of school and corporation as the two main subjects operating the industry-academia partnership apprenticeship school. Using the Concerns-Based Adoption Model(CBAM) used for understanding the interested parties' interest in the adoption of a certain new changing. In the results of analysis, first, currently, the operating subjects of industry-academia partnership apprenticeship school showed the similar interest with the pattern of nonusers. In other words, currently, based on the curiosity about the relevant policy, they are interested in which roles they should perform for the successful operation. Second, when dividing the operating subjects of industry-academia partnership apprenticeship school into school parties and corporate parties, the results of examining the differences in the interest of each subject are as follows. First, in the stages except for the Stage 0(indifference), the interest of school parties was relatively higher than the one of corporate parties. It might be because the school's role is bigger in the operation of industry-academia partnership apprenticeship school, contrary to the advanced countries. In other words, in case of school parties, the overall and general understanding of the relevant policy is premised, so that their interest of each stage is higher than the one of corporate parties. Especially, the Stage 5(cooperative interest) showed the biggest differences. As the cooperation between industry and academia is the success factor of the relevant policy, it would be necessary to implant the concrete measures for industry-academia cooperation in school parties, and also to implant the importance of industry-academia cooperation in corporate parties. Next, both operating subjects showed the lowest intensity in the Stage 4(consequential interest). It means that the operating subjects' interest in the evaluation of apprenticeship students is relatively low.

• The Korean Journal of Archival Studies
• /
• no.5
• /
• pp.39-85
• /
• 2002

This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

• Korean Journal of Heritage: History & Science
• /
• v.45 no.4
• /
• pp.4-21
• /
• 2012

Jade ornaments, which include slit earrings, scoop-shaped objects and tubular beads have been extensively identified in Northeast Asia, such as Korea, China, Japan and the Maritime Province of Siberia. Among them slit earrings are distributed in the whole area of Northeast Asia. Although this object shows the typological differences in accordance with the excavated region in detail, all of them are characterised by the slit on the centre of jade ring. The buried context and the shape of this object suggest that this artefact was the earring; thus it is named to 'slit earring'. Most of slit earrings of the Neolithic Age concentrate in Northeast China and the areas south of the Yangtze River, and the Japanese Archipelago. However, unfortunately, Slit earrings, which were produced in the tradition of the incipient and early phases of the Neolithic Age in Northeast Asia, have not been excavated in the Korean Peninsula. The number of slit earrings reported so far is eight, and especially until the 20th century, almost none was reported with its exact excavation location and only three of them are known as excavated through surface surveys and preliminary excavations. However, from the beginning of the 21st century onwards, the number of discovered slit earrings is increasing. Particularly, five pieces of this object uncovered in the 21st century are discovered in the official excavation; thus the exact archaeological context such as buried locations and chronologies could be estimated. By considering the buried context, slit earrings are associated with stone axes, which were produced in the incipient and early phase of the Neolithic Age in the Korean Peninsula. In addition, considering the number of unearthed objects is a few, it could be postulate that slit earring was the artefact that only a few persons, who had a special role in the society, could possess. However, slit jade earrings that have been excavated in the Korean Peninsula are extremely low in their number compared to the cases of its neighbouring countries such as China and Japan, and the researches on this subject have not been much conducted in Korea. Therefore, it is my supposition that slit earrings, which have been discovered in the Korean Peninsula, might be the imported item from the nearby areas. Particularly, the Southern Coast was closely connected with Japanese Islands and the Eastern Coast was interchanged with Northeast China or the Maritime Province of Siberia. Considering that excavations and researches on the Neolithic remains in the Korean Peninsula have not been sufficiently and actively conducted, it could be expected that the further investigations and researches will reveal the sufficient quantities of slit earrings in near future.