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A Legal Study on Indemnification of Korean Mutual Insurance of Fisheries Cooperatives (수협공제(水協共濟)의 보상제도(補償制度)에 관한 법적(法的) 연구(硏究))

  • Cha, Cheol-Pyo;Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.5 no.2
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    • pp.98-109
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    • 1993
  • By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

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Identification and Antioxidant Activity using Electron Spin Resonance Spectrometry of Antioxidant Producing Marine Actinomycetes Streptomyces sp. ACT-18 (항산화물질을 생산하는 해양방선균 Streptomyces Sp. ACT-18의 동정 및 Electron Spin Resonance Spectrometry를 이용한 항산화활성)

  • Kim, Man-Chul;Kim, Ju-Sang;Harikrishnan, Ramasamy;Han, Yong-Jae;Heo, Moon-Soo
    • Microbiology and Biotechnology Letters
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    • v.38 no.1
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    • pp.24-31
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    • 2010
  • For the research of the natural marine antioxidant, an antioxidant-producing marine actinomycetes was isolated from sea water in Jeju coastal area. The strain was identified based on 16S rDNA sequencing, the morphology by a method of scanning electron microscopy, physiological and biochemical characteristics and cellular fatty acid analysis. The isolated strain ACT-18 was gram positive, aerobic, non-motile spores. Substrate mycelia are dark green and yellow gray aerial mycelia. The cell size of the strain was $0.5{\sim}1.0\;{\mu}m$. 16S rDNA sequence analysis showed that were Gram-positive bacteria grouped on Streptomyces sp. Results of cellular fatty acid analysis showed that major cellular fatty acids were $C_{15:0}$ anteiso (39.33%), $C_{16:1}$ cis 9 (11.96%), $C_{16:0}$ (13.08%) and $C_{17:0}$ anteiso (10.99%). The antioxidant activity of methanol extract from Streptomyce sp. ACT-18 was evaluated by measuring 1,1-diphenyl- 2-picrylhydrazyl (DPPH), hydroxyl, and alkyl radical scavenging activity using an electron spin resonance (ESR) spectrometer. DPPH radical scavenging activity of SBME (Streptomyces Broth Methanol Extract) A-18 was 46% at 0.1 mg/mL. Hydroxyl radical scavenging activity of SBME A-18 was 63% at 0.1 mg/mL. Alkyl radical scavenging activity of SBME A-18 was 39% at 0.1 mg/mL.

Methods to Introduce Criminal Remedies to Enahnce Effectiveness of Administrative Technology Misappropriation Investigation (기술침해 행정조사의 실효성제고를 위한 분쟁조정 방안 -형사적 구제방안을 중심으로-)

  • Byung-Soo, Kang;Yong-kil, Kim;Sung-Pil, Park
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.53-85
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    • 2022
  • Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

A Study on the Influence of Group Formation in SNS on Information-Sharing Behavior (SNS에서의 그룹 형성이 정보공유 활동에 미치는 영향에 관한 연구)

  • Kim, Jongki;Kim, Jinsung
    • The Journal of Information Systems
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    • v.22 no.2
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    • pp.25-49
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    • 2013
  • By virtue of the development and widespread of social network services, the importance of SNS for an individual's social capital formation as well as people's act of sharing information is increasingly highlighted. However, there are still few empirical studies on successful formation of SNS, people's attitude towards participation in SNS, and the brisk act of sharing information in the SNS as yet. This study performed an analysis that, in terms of forming the successful SNS, people's attachment to the group in SNS induces the attitude towards the participation in SNS, and the information-sharing act on the basis of the socio-psychological theory. For this purpose, this study carried out empirical study by dividing the influential factors into the attachment to online group, and attachment to the members in SNS group on the basis of trust. This study set up the component factors in trust as high-dimensional factors, and used SPSS 18.0 and SmartPLS 2.0 as analysis tools. Analysis results confirmed that group formation in SNS and people's attachment to the group were significantly influence attitude towards participation in SNS as well as information sharing behavior. This result implies that group formation in SNS plays an important role in active use of SNS.

A Study on the Comparison between 「SECURITY SERVICES INDUSTRY ACT」 and 「ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS」 among Security Guards (「경비업법」상 경비원과 「파견근로자보호 등에 관한 법률」상 경비원의 비교에 관한 연구)

  • Noh, Jin Keo;Choi, Kyung Cheol;Lee, Young Ho
    • Korean Security Journal
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    • no.55
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    • pp.143-167
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    • 2018
  • According to the Security Services Industry Act security guards are not just workers but security-related service workers complementing the lack of police force and specializing in protecting of national important facilities, industrial facilities and apartment houses. Nevertheless, confusing or mixing the security service workers in "Security Services Industry Act" with the guards in the "Act on the Protection etc. of Temporary Agency Workers" lead to a constant debate about the scope of work of security guards. In the case of security service workers in "Security Services Industry Act" there is a strict limitations on security service worker's qualification such as strict reasons for disqualification, a need to pass training for new workers and qualification training, a need to report to the competent chief police officer if the security guard has placed or unplaced by the security service company. It distinguishes security service workers in "Security Services Industry Act" from the guards in the "Act on the Protection etc. of Temporary Agency Workers" and acknowledges the occupation of security service worker as a professional service worker. Therefore, security service workers in "Security Services Industry Act" shouldn't be obliged to do any other work than security work. If it is required to do other work than security work contract by the "Security Services Industry Act" doesn't apply but need to use a security guard according to "Act on the Protection etc. of Temporary Agency Workers" or hire a security guard on the employment contract. In this way, when security service workers in "Security Services Industry Act" are recognized as professional security related workers, the entire security industry can ultimately develop.

A Legislative Study on Cultural HeritageBetween 1945 and 1960 - Focused on the Cultural Heritage Protection Act Legislated in 1962 - (1945~1960년 문화재 관련 입법 과정 고찰 - 1962년 문화재보호법 전사(前史) 관련 -)

  • Kim, Jongsoo
    • Korean Journal of Heritage: History & Science
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    • v.52 no.4
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    • pp.78-103
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    • 2019
  • The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

Application of the Terms and Conditions of English Law Related to the Duty of Utmost Good Faith under Marine Insurance Contract: Korean Supreme Court Decision 2018.10.25, Docket No.2017Da272103

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.19-36
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    • 2020
  • Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

A Research on the Changes of the Gifted and Talented Law in U.S.: Focusing on the Marland Report (미국 영재교육법률의 변천 과정에 관한 연구: 말랜드 보고서를 중심으로)

  • Kang, Byoungjik
    • Journal of Gifted/Talented Education
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    • v.23 no.5
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    • pp.649-669
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    • 2013
  • The research deals with the changes of the laws related to gifted education focusing on the Marland Report. As result, contrary to conventional argument for the beginning of legal ground for gifted education, 1958's National Defense Education Act(P. L. 85~864) which stipulated the article for 'identification and encouragement' for 'able students' can be said the first legislation of gifted education in the level of federal government. In the case of definition of the gifted, prior to 1972's Marland Report, there was the first legal definition in the Section 806 of the Elementary and Secondary Education Act(P. L. 91~230, 1970), which said "Children who have outstanding intellectual ability or creative talent". However Marland Report expanded the realm of the gifted from the area of intelligence to the area of leadership, art and psychomotor ability. On the basis of Marland Report, in 1974 the Office of Gifted and Talented was set up in the Department of Education for dealing with gifted education in federal. Further, Marland emphasized the importance of stipulating article related to funds for gifted education in law. Without manifesting funds for gifted education in law, he knew very well how hard it was to practice gifted education in reality. This implies that regulation funds for gifted education is crucial for effective actualization of gifted education.

The Effects of Reflective Writing Activities about The Environment on The Environmental Sensitivity and Willingness to Act of Primary School Students (환경에 대한 반성적 글쓰기 활동이 초등학교 학생들의 환경민감도와 실천의지에 미치는 효과)

  • Kim, Soon-Shik;Choi, Sung-Bong
    • Journal of Environmental Science International
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    • v.19 no.1
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    • pp.69-80
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    • 2010
  • Today's fundamental purpose of environmental education is to fulfill people's desire of living in a pleasant environment and at the same time promoting individualistic and collective environmentally friendly behaviors. In order to achieve these purposes, it is very important that each person holds an environmentally friendly mind that constantly tries to preserve and protect the environment which should be acquired through experiencing the importance of the environment. In order to increases the sense of attachment of people and the natural environment, the direction of environmental education should carry out education on environment related knowledge and the condition of environment damage side by side. The direction of environmental education should consider the cultivating student's awareness for active participation on matters related to the environment and to change their behaviors towards the environment. This study has tested the effect of reflective writing activities about the environment on the environmental sensitivity and willingness to act of 5th grade primary school students. For the sole purpose of this study, 70 students out of 141 5th graders of M Primary School were divided as the experimental group, and another 71 students were divided as the control group. The experimental group participated in 10 activities in where they were asked to express their thoughts and feelings in writing regarding 10 environmental problems occurring near the M Primary School. The control group participated in 10 environmental education lectures focusing on the lecturer. The results were as following. First, the reflective writing activities about the environment were effective in the environmental sensitivity of primary school students. Second, the reflective writing activities about the environment can affect the environmental willingness to act of primary school students. Third, there was a statistically significant correlation between environmental sensitivity and environmental willingness to act.