• 인삼문화
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• 제5권
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• pp.77-96
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• 2023

우리나라를 인삼 종주국으로 자리매김한 고려인삼의 기원은 산삼이다. 그 산삼의 채삼 관습의 근거를 조선왕조실록, 일제 강점기 법령, 우리나라 산림법령과 민법 등에서 찾고자 하였다. 조선 시대와 일제 강점기 이전에는 심마니 채삼 관습은 입회관행으로 존재하였지만, 1910년 일제는 강점기 동안 우리나라 고유한 입회권 법리를 왜곡하였다. 일제가 왜곡한 입회권 법리는 해방 이후에 계속돼 1960년 민법 시행 때까지 유지되었다. 민법 시행 이후 입회권 법리는 특수지역권으로 바뀌었다. 입회권의 연원은 조선 시대의 시초장으로 난방용 땔감이나 사료용 풀을 채취할 수 있는 시초장은 조선 시대 그 당시 지역주민이 생존할 수 있는 최소한의 생존권이자 권익이었다. 생존권으로서의 입회권이었기 때문에 일제가 이를 폐지하려고 시도하였지만 실패하였다. 그럼에도 일제가 왜곡한 입회권 법리는 산림관련법령 등에서 지금까지도 유지되고 있다. 1945년 광복이 된 지 70년이 지난 이제는 일제의 심마니 채삼 관습에 관한 왜곡된 법리에서 탈피하여야 하고, 채삼 관행의 근거가 입회관행에서 민법상 특수지역권으로 변화된 것을 인정하여야 한다. 이에 심마니 단체는 법인 아닌 사단이고, 심마니의 채삼 관행은 민법상 특수지역권으로 법리 구성할 수 있고, 심마니의 산삼 채삼 행위는 관습법적으로 유효하다고 보아야 한다. 이를 통해 인삼과 관련된 산삼 채취행위에 관한 법적 성질과 그 근거를 명확히 할 수 있고, 심마니 채삼 행위의 민사법적 책임소재도 명확하게 할 수 있을 것이다.

• 의료법학
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• 제13권1호
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• 대한수학회논문집
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• 제13권2호
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• pp.385-391
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• 1998

In this note, we study a weak law of large numbers for sequences of exchangeable random variables. As a special case, we have an extension of Kolmogorov's generalization of Khintchine's weak law of large numbers to i.i.d. random variables.

• 대한토목학회논문집
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• 제34권2호
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• pp.699-710
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• 2014

정부는 2009년부터 한강, 금강, 영산강, 낙동강(이하 4대강)에 4대강 살리기 사업을 시행하였으며, 국가하천 주변지역을 체계적으로 조성하기 위하여 "친수구역 활용에 관한 특별법"(이하 친수구역법)을 시행함에 따라 친수공간의 심각한 공간변화 및 경관훼손이 예상된다. 따라서 본 연구는 친수구역법을 적용한 친수공간 주변지역의 개발에 대한 기수립되어 있는 개발계획(낙동강 유역 에코델타시티)의 분석 및 고찰을 통해 이들 개발의 문제점을 도출하고 3D 시뮬레이션을 통해 친수공간의 공간 및 경관 변화를 예측하였다. 그 결과 사업대상지의 개발밀도(용적률 및 건폐율)의 조정과 지속가능한 개발을 위해 지역 특성에 맞는 다양한 컨텐츠의 적용은 매우 중요하다고 판단된다.

• 한국통신학회논문지
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• 제4권1호
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• pp.8-24
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• 1979

Including the Qualfication of Staffer required for Commuinication, the National Law of Professional qualification is a basic law for supply with manpower of high growth industry, and it is aiming at perfect the national Policy Concerned improvement for education and training of staff, carrying out of state examination for qualification and getting an occupation or application for special qualification. This law has established a management committee for qualification system in The Ministry of Science and Technique ROK, and authorized competence Minister according to kind of special qualification aiming at getting employment, practical use and courteous treatment in society and economy for national qualification, and also regulated their each official duty. A qualification of staffer required for communication is an administrative measure giving as occupational certificate after some examination for knowledge, technique and faculty in vocational ability to adapt to intrinsic of telecommunication. This certificate has the cause of an attribution of over the sphere of telecommunication, and so it has been originated in international situation, and then some of them is forced by international law, otherwise it be in common use between the nations. The Characteristic and orthodox of communication certificate has been succeded continually in company with development of telecommunication and the appliable field of them is specified, but the sovereign power of nation is approved by ITU that she can extent the applicable position for communication certificate and coordinate the utility of qualification for telecommunication value. Korean telecommunication law excepted the application of communication certificate in public communication field. It is unreasonable and even disobeyed against the theory of communication science and intrinsic of telecommuncation. Therefore it should be corrected immediately and then communication certificate have to accept in the public communication field at all, if so, the application field of communication certificate can have more than useful extenxion such as administration measure should be achieved by the management committee for qualification system in Ministry of Science and Technique and competemce Minister appointed according to special kind of certificate and the administration have to manage by the method and proccess caused by communication science or cooperative system between administration, industry, education and science. And, then, every acquisitor of qualification also has to try to perfect his vocational duty sincerely and to promote each self-realization.

• 한국사회복지학
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• 제44권
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• pp.262-287
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• 2001

The purpose of this study is to monitor the implementation of UN Convention on the Rights of the Children (CRC) and to find out new directions for the promotion on the children's rights in Korea. Based on the module of International Save the Children Alliance (1993) about the children's rights and the Indicators of Korean Children's Wellbeing (Korean Council for Children's Rights, 1999), the revised Korean child welfare law (2000) as a related domestic law has compared with the 54 articles of CRC (1989). The results of this study are analyzed as follows: The Korean child welfare law has only 2 articles on the civil and political rights of the children in special need and neglects the economic, social and cultural rights of the general children at home. In consequence the Korean law has few survival rights of the general children for securing their adequate living standards and supplementing their parents' role. And it limits only to the development rights of the children in special need, therefore, it neglects the genera: children's rights to information, play and leisure, cultural activities. Above all, it has only 2 articles on the participation rights of the children in special circumstances. On the other hand, based on the indicators of Korean Children's Wellbeing, the collected data say that the budget for the child welfare is only 1.12% of the total budget of the ministry of the health and welfare and its 96.28% is for the children in substitutional care. Based on the results, implications for practice and future research are discussed, and new directions for the promotion of the children's rights are also suggested.

• 수산경영론집
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• 제50권2호
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• pp.23-40
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• 2019

The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• 한국도서관정보학회지
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• 제32권3호
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• pp.249-274
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• 2001

본 연구에서는 법률도서관에서 전문적 봉사를 담당하는 법률전문사서의 의의와 필요성, 역할 및 법률전문사서로서 갖추어야 할 자격에 대해 개관하고, 이러한 자격을 갖추도록 실시하는 교육에 있어서 가장 발달된 미국의 교육제도와 교육현황에 대해 살펴보았다. 그리고 우리 나라의 현실에서 법률전문 사서의 교육을 위한 바람직한 방안으로 문헌정보학과 (도서관학과) 대학원에 '법률도서관학전공'과정을 설치하도록 제안하였다.

• 한국도서관정보학회지
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• 제37권2호
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• pp.345-373
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• 2006

국민에게 양질의 법률서비스를 제공하기 위하여 현대사회에서 발생하는 복잡한 법률문제를 전문적 효율적으로 해결할 수 있는 법조인의 양성에 목적을 둔 법학전문대학원의 설치에 즈음하여, 법학교육을 활성화하기 위해 법률안(법학전문대학원 설치 운영에 관한 법률)에서 필수적인 시설로서 규정한 법학전문도서관이 실제로 갖추어야 할 기본조건을 구체적 인가기준내용으로 분석한 논문이다.