• Title/Summary/Keyword: Society's legal system

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A Study on the Reform Model of Legal Deposit System in Korea (한국의 납본제도 개선모형에 관한 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.37 no.4
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    • pp.24-52
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    • 2003
  • In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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Legal Management of Medical Quality (의료 질의 법적 관리)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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A Comparative Study on Legal Regulations and Practices of Legal Theses Deposits in Major Other Countries (주요 국가의 학위논문 납본 관련 법규와 실무에 관한 분석 연구)

  • Yong-Wan Cho;Joung Hwa Koo
    • Journal of Korean Library and Information Science Society
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    • v.55 no.1
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    • pp.145-172
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    • 2024
  • The research aims to propose improvement to legal theses deposit system in S. Korea by conducting comparative analysis of legal theses deposit systems in eight other countries including the US, the UK, Canada, Australia, France, Taiwan, Japan and S. Korea. The research used documentary research method including literature review by collecting and analyzing the legal regulations, ordinances, practical processes, and guidelines related to thesis submissions at national libraries and academic institutional depositories, as well as practical cases of thesis submissions at major universities in each country. Based on the analysis results, the key issues are identified and discussed, and corresponding suggestions for solving the issues are presented. For the improvement of the legal theses deposits systems, the research recommends legal amendments to the Library Law and Higher Education Law. On the practical side, the research proposes strengthening the legal foundation for KERIS, in collecting and providing theses, improving the operation of the dCollection system, and proposing a submission method focused on electronic theses.

A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

A study on legal service of AI

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.7
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    • pp.105-111
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    • 2018
  • Last March, the world Go competition between AlphaGo, AI Go program developed by Google Deep Mind and professional Go player Lee Sedol has shown us that the 4th industrial revolution using AI has come close. Especially, there ar many system combined with AI hae been developing including program for researching legal information, system for expecting jurisdiction, and processing big data, there is saying that even AI legal person is ready for its appearance. As legal field is mostly based on text-based document, such characteristic makes it easier to adopt artificial intelligence technology. When a legal person receives a case, the first thing to do is searching for legal information and judical precedent, which is the one of the strength of AI. It is very difficult for a human being to utilize a flow of legal knowledge and figures by analyzing them but for AI, this is nothing but a simple job. The ability of AI searching for regulation, precedent, and literature related to legal issue is way over our expectation. AI is evaluated to be able to review 1 billion pages of legal document per second and many people agree that lot of legal job will be replaced by AI. Along with development of AI service, legal service is becoming more advanced and if it devotes to ethical solving of legal issues, which is the final goal, not only the legal field but also it will help to gain nation's trust. If nations start to trust the legal service, it would never be completely replaced by AI. What is more, if it keeps offering advanced, ethical, and quick legal service, value of law devoting to the society will increase and finally, will make contribution to the nation. In this time where we have to compete with AI, we should try hard to increase value of traditional legal service provided by human. In the future, priority of good legal person will be his/her ability to use AI. The only field left to human will be understanding and recovering emotion of human caused by legal problem, which cannot be done by AI's controlling function. Then, what would be the attitude of legal people in this period? It would be to learn the new technology and applying in the field rather than going against it, this will be the way to survive in this new AI period.

Study on the Civil Legal Remedies against Cyber Defamation

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.3
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    • pp.93-100
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    • 2018
  • Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.

Study on Improvement for Information System Installation for e-Government's Internal Control through Legal Review : Focused on Barum e-System (전자정부의 내부통제를 위한 정보시스템 도입에 있어서 제도적 개선방안에 관한 연구 : 바름 e 시스템을 중심으로)

  • Lee, Dong Han;Lee, Ook
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.179-193
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    • 2013
  • E-Government refers to government to use ICT (information and communications technology) to work more effectively, share information and deliver better services to the public. With ICT, e-Government has increased transparency of governments. However even there has been much trial for transparency, corruption has been growing with the form of e-corruption. While external threats such as hackers and viruses can have serious consequences, currently most crime involving emerging technology is carried out by insiders i.e. employees in the e-government. Among the many tools being developed to fight e-corruption, there has been much focus lately on internal control system. So, South Korea developed and test-operated "Barum e-system" for internal control last year. This research establishes legal basis, information system link and privacy policy for settlement of this information system through legal review.

A Study on the Advancement of the Legal System for Small Fishing Vessels to Ensure Marine Safety (해양안전 확보를 위한 소형어선 법제도 개선에 관한 연구)

  • Song, Byung-Hwa;Lee, Kyoung-Hoon;Choi, Woon-Kuy
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.7
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    • pp.875-888
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    • 2018
  • The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology (정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고)

  • Kim, Hyun-Kyung
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.