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

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A Study on the Activation Plan for Legal Deposit in National Assembly Library of South Korea: Focusing on Thesis and Dissertation (국회도서관 납본 활성화 방안에 관한 연구 - 디지털 학위논문을 중심으로 -)

  • Lee, Seungmin
    • Journal of the Korean Society for Library and Information Science
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    • v.53 no.4
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    • pp.73-93
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    • 2019
  • This study empirically analyzed the recognition and current status of university libraries related to the legal deposit of thesis and dissertation and investigated the ways to activate legal deposit to National Assembly Library. As a result, most universities conduct legal deposit of thesis and dissertation. However, most librarians face difficulties resulted from the duplication of deposits to many institutions. In the case that the deposits are not made, the main reasons are the university library's policies, duplication and inefficiency of the deposit procedures, and the limitation of obtaining copyright agreements. In order to address these limitations and to maximize the social and informational values of thesis and dissertation, this research proposed approaches to legal deposit of thesis and dissertation, including strengthening digital deposit system through the establishment of independent legal deposit law, preparing the effective ways of preservation. constructing an integrated deposit system, and developing professional collection of thesis and dissertation which can consolidate National Assembly Library.

Legal Deposit and Preservation of Digital Materials in Various Countries (디지털자료의 납본과 보존을 위한 각 국가의 노력)

  • 서혜란
    • Journal of the Korean Society for information Management
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    • v.20 no.1
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    • pp.373-399
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    • 2003
  • Legal deposit system is an essential tool for a national library to ensure the preservation and access to a nation's intellectual heritage over time. Substantial amounts of digital materials of national cultural value are already being published. There is a global trend towards extending legal deposit to cover digital materials in order to maintain comprehensive national archives. This paper gives a progress report of some countries around the world whose legal deposit laws have already updated or are under revision. Some strategies are suggested for the digital collection building of the Korean National Digital Library which will open in 2008.

Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

A Legal Study on the Skin Scuba Diving (스킨스쿠버다이빙의 법적 문제에 관한 소고)

  • Lim, Chae-Hyun;Cho, Dae-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.2
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    • pp.143-149
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    • 2009
  • The marine leisure activities are specially increasing among the other leisure activities due to the improving of people's life quality and formation of people's values which pursuit the various life styles with the development of economy and society and operation the system of five working days per week. Among the various marine leisure activities, skin scuba diving is the mast prevalent activity, even though it doesn't have proper legal system in relation to the safety of the activity. Thus, this paper studies the various legal issues in relation to skin scuba diving to improve the safety and activation of the activity, and identifies the problems and proposes the ways of improving it.

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A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

The Adult Guardianship and Medical Issue According to the Amendments of Civil Code (성년후견과 의료 -개정 민법 제947조의 2를 중심으로-)

  • Park, Ho-Kyun
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.125-153
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    • 2012
  • The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

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The Impact of the Government's Earthquake Disaster Response Capabilities and the Legal and Institutional Appropriateness of the Disaster Management System on the Operational Performance of Disaster Management : Focused on Fire Officer's Consciousness (정부의 지진재난 대응역량과 재난관리체계의 법·제도적 적절성이 재난관리 운영성과에 미치는 영향 : 소방공무원의 인식을 중심으로)

  • Youn, SeokMin
    • Journal of the Society of Disaster Information
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    • v.16 no.2
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    • pp.318-330
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    • 2020
  • Purpose: In this study, the effect of the government's disaster response capabilities and the legal and institutional appropriateness of the disaster management system on the operational performance of disaster management performance were verified. Method: Questionnaire survey was performed for the fire officials, and the surveyed data was statistically analyzed by using SPSS 25.0 program. Result: The main results of this study are as follows. First, the government's earthquake disaster response capability is found to have a significant effect on disaster follow-up management as well as disaster prevention preparation, which is a factor in disaster management performance. Second, it has been shown that the legal and institutional appropriateness of the earthquake disaster management system has a significant impact on disaster follow-up management as well as disaster prevention preparation, which is a factor of disaster management performance. Conclusion: The important policy implications for improving the operation performance of disaster management could be obtained in preparation for earthquakes in Korea.

A Study on Legal Prospects of Digital Collections' Fair Use: Focused on the Article 31 of Copyright Act (도서관 디지털 장서의 공정이용에 관한 법제도적 고찰 - 「저작권법」 제31조를 중심으로 -)

  • Kim, Su-jin;Kim, You-seung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.26 no.3
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    • pp.151-175
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    • 2015
  • The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

Unlimited Liability

  • Mckay, John S.
    • The Korean Journal of Air & Space Law and Policy
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    • v.6
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    • pp.137-147
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    • 1994
  • Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

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