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

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On the Library Administrative Systems and Legislations in Russia (러시아의 도서관 행정.법제에 관한 고찰)

  • Yoon Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.35 no.3
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    • pp.23-40
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    • 2004
  • The purpose of this paper is to overview the administrative system and legislation of Russia's libraries with priority given to public library. After the breakup of the Soviet Union in 1991, Russia began to set up a new political, legal, and economic system. Russia has about 51,000 public libraries. Most towns and large villages have a public library As a rule, public libraries are unified in centralized systems coincident in their location with administrative regions. The great majority of public libraries are part of a network subordinated to the Ministry of Culture of the Russian Federation. Library legislation is an important guarantee of the success of library service. Two definitive federal laws were enacted in 1994, Library Law and Legal Deposit Copy Law. In 2001, the Russian Library Association adopted the Model Standard for Public Library. It has a recommendatory character and it is addressed to both librarians and local authorities.

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The Problems and Alternatives of The Subrogation Payment System for Damage (의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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Analysis of Legal System Related to Management of Natural Environments and Ecological Engineering in North Korea (북한의 자연환경 관리와 생태공학 관련 법령 체제 분석)

  • Cho, Kang-Hyun
    • Ecology and Resilient Infrastructure
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    • v.6 no.1
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    • pp.49-57
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    • 2019
  • The North Korean laws on natural environments, land and infrastructure were comprehensively analyzed in order to help establish the legal system to solve problems of ecosystem and land management in North Korea. The citizen's environmental rights in North Korean Constitutional Law emphasize the aspect of conservation of the natural environments. The laws on the managements of natural environments and land are relatively integrated in North Korea. In the management of natural environments, ecosystem conservation is centered on designation of natural protected areas. Priority for infrastructure construction is emphasized in land management. The economic and technical support is needed to build advanced legal systems for the conservation of natural environments and ecological land management and to improve their performance of law enforcement.

A Study on Improving the Legal System for the Expedited Preservation of Digital Evidence (디지털 증거의 긴급한 보전을 위한 법제 개선 연구)

  • Ro, Sohyong;Ji, Sungwoo
    • Journal of Information Technology Services
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    • v.19 no.3
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    • pp.57-73
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    • 2020
  • The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

Current Trends in the U.S. Cybersecurity Laws (미국 사이버보안법의 최근 동향 - 「사이버보안 정보공유법」을 중심으로 하여 -)

  • Yang, Chun-Soo;Jee, Yu-Mi
    • Journal of Legislation Research
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    • no.54
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    • pp.155-192
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    • 2018
  • As the 'hyper-connected society' has emerged through the 'Fourth Industrial Revolution, public interests as well as social dangers have increased. Above all, the risk of infringement of information, including confidential personal information, is dramatically increasing. As the hyper-connected society has been realized, even if only one of the internet devices is hacked, there would be a danger that the ripple effect of such a hacking spreads to the whole network. Therefore, the necessity and importance of information security, including cybersecurity, has been increasing. In other words, the stability of cyberspace and internet space is becoming more important. As a result, the Korean government is seeking to build a legal system related to information security, which would be able to cope with the information infringement problem in the hyper-connected society. However, it seems that the government is still struggling with the direction of building such a legal system. In this context, a comparative review examining the legal systems of advanced foreign countries will provide meaningful implications as to what kinds of legal policies we should devise and implement for information security. In particular, the U.S. legislative act that actively responds to the cybersecurity violations is worthy of reference. For this reason, this article systematically analyzes the current status of the U.S. cybersecurity laws. Especially, this article focuses on the "Cybersecurity Information Sharing Act of 2015"(hereinafter "CISA"), that was recently enacted by the U.S. congress. The CISA prescribes the systemic and detailed information-sharing between national and private entities. The CISA, that actively promotes information-sharing, is full of suggestions for us, in that information-sharing is an effective way to properly realize information security in today's hyper-connected society.

An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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    • pp.175-182
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    • 2016
  • In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

A Study on Seaman's Criminal Responsibility of Marine Accidents (해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰)

  • Song Yong-Seop;Suh Geo-Suk;Park Yong-Uk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.41-49
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    • 2005
  • In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

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Problems of the Legal System Related to the Regulation of Radiation Safety for Diagnosis (진단용 방사선 안전관련 법령의 법체계상 문제점)

  • Lim, Chang-Seon;Moon, Heung-Ahn
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.119-142
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    • 2013
  • It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

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Management system for ensuring safety of HMR (Home Meal Replacement) products (가정간편식(HMR)의 안전성 관리체계)

  • Cho, Seung Yong
    • Food Science and Industry
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    • v.50 no.3
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    • pp.51-59
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    • 2017
  • Due to the nature of HMR food that is susceptible to contamination, its safety management is becoming more important. The relevant food types in food code corresponding to HMR foods are addressed, and the criteria for hygiene indicator bacteria and food poisoning bacteria, and storage and distribution standards according to the product type were presented. The government's safety management for HMR foods is basically carried out through the Food Sanitation Act. Those who intend to do HMR business must complete business registration or declaration, hygiene education, health examination of employees, and comply with legal obligations such as HACCP application. The government confirms compliance with legal requirements through hygiene inspection and monitoring inspection of products. However, the safety of HMR foods is not realized by the safety management system alone. A food safety culture should be established in which industry workers and consumers carry out actions to ensure food safety.

Driver's Protection Method of Ambulance Car Accident (응급구조 교통사고에 대한 운전자의 보호방안)

  • Park, Hi-Jin;Kwon, Hayrran;Lee, Young-Hyun
    • The Korean Journal of Emergency Medical Services
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    • v.4 no.1
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    • pp.63-71
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    • 2000
  • Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

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