• Title/Summary/Keyword: domestic law

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A Study on the Domestic and Foreign Laws connected with Landscape Plant and Planting (조경식물의 식재 관련 국내.외 법제도에 관한 연구)

  • 신익순;김영수
    • Journal of the Korean Institute of Landscape Architecture
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    • v.25 no.1
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    • pp.47-61
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    • 1997
  • This study was conducted to grasp the present condition of the name and the related text of the domestic laws (97 statutes, 1 examination, 1 guide, 3 ordinances, 1 leading case) in force which were connected with landscape plant and planting. Examining the general tree-planting system of America, the related foreign laws(1 constitution, 44 statutes, 31 ordinances, 6 leading cases) were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. To examine the points at issue of the related domestic laws and to study the related foreign laws, the remedies for the domestic laws being at issue were proposed. That is : A change of the landscape planting concept, the introduction of the landscape planting cost compared with the total construction cost, the unification of the landscape planting ordinances as the unit of city, the clarification of the completion period for the depect of the replaced trees. putting the conservation and production of the top soil under an obligation the adoption of a licence system for the tree planting within the river area, the introduction of the allotment system for landscape architectural expenses, the encouragement of making a hedge, the settlement for the problems of the trees loss compensation, the necessity for the quality test to the landscape planting works, the intensification of the punitive rules to the illegal felling and planting of the trees in the greenzone area, the application of the Labor Standard Act to the landscape planting laborers. The laws relating to landscape plant and planting are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the legislation of the singular law which is applied uniformly to the department of the tree-planting. Hereafter it should be required to analyze concretely in detail the each text of the related laws by means of the joint studies between the professional landscape architects and the lawyers.

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Legal-systematic alternative to domestic Violence: Therapeutic Jurisprudence (가정폭력에 대한 법제도적 대안: 치료적 사법이념의 관점)

  • Kwang-Bai Park;Hyung-KI Ji
    • Korean Journal of Culture and Social Issue
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    • v.10 no.spc
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    • pp.69-86
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    • 2004
  • A review of literature revealed that damaged self-confidence of men as social agents may be the primary, if not proximal, cause of domestic violence. Accumulated damages in social confidence and self-assurance may be moderated by action repertoire acquired during childhood, and mediated by adulthood circumstances such as marital discords and the lack of social support to result in the typical cycle of violence and subsequent feeling of remorse. The present treatments for the domestically violent men in Korea seem to be ineffective to reduce the number of incidents in the society because the treatments are viewed as punishments by the men, damage their social confidence further by stigmatizing them in the community, and destroy their social resources and support systems. It was suggested in this paper to reduce the role of law enforcement and correctional administration to rehabilitate the currently violent men. At the same time, it was also suggested for the Korean court to implement the paradigm of Therapeutic Jurisprudence in handling domestic violence cases. It was argued that the court should take active roles as a healing and rehabilitating agent by cooperating with non-government community establishments such as hospitals, universities and self-help organizations. The reasons and implications of those suggestions were discussed in detail.

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Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

Transboundary Environmental Harm as a Threat to National Security - Theoretical Analysis and Case Studies - (국가안보에 대한 위협으로서의 국제적 환경손상 - 환경안보의 이론과 사례에 대한 검토 -)

  • Moh, Young-Dawng
    • Korean Security Journal
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    • no.36
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    • pp.201-225
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    • 2013
  • The link between transnational environmental harm and national security has attracted new attention due to the environmental crisis such as climate change, nuclear accidents and, pollution. However, both domestic and international environmental regimes are still tied to the unsuccessful and unclear notion-sustainable development. The present author argues that environment should be considered as a security matter for the effective environmental protection. If, for example, a nation committed a serious environmental harm and the effects spans borderlines, and the source nation refuses to cooperate or compensate, would sustainable development still be an appropriate measure? Then, what would be the victim state's tool to protect its own security? The present author first looks into the possibility utilizing UN Security Council. But due to its limited legality and effectiveness in this environmental matter the present author would like to propose a non-traditional but a not-brand new method. This new method reflects two new trends both from international law and security areas. First, this approach clearly moves from the military focused security concept to broader security concept. Second, this is also a shift from traditional international law to transnational law. With these two new approaches, we will find a more suitable answer both for securing national environmental security and for protecting environment.

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Legal Status of Korea in International Environmental Law - Mainly focused on the Classification of Developed and Developing Countries - (국제환경법상 우리나라의 법적 지위 - 선진국과 개도국의 구분을 중심으로 -)

  • Seo, Won-Sang
    • Journal of Environmental Policy
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    • v.6 no.4
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    • pp.1-28
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    • 2007
  • Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

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Using Text Mining for the Analysis of Research Trends Related to Laws Under the Ministry of Oceans and Fisheries (텍스트 마이닝을 활용한 해양수산부 법률 관련 연구동향 분석연구)

  • Hwang, Kyu Won;Lee, Moon Suk;Yun, So Ra
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.549-566
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    • 2022
  • Recently, artificial intelligence (AI) technology has progressed rapidly, and industries using this technology are significantly increasing. Further, analysis research using text mining, which is an application of artificial intelligence, is being actively developed in the field of social science research. About 125 laws, including joint laws, have been enacted under the Ministry of Oceans and Fisheries in various sectors including marine environment, fisheries, ships, fishing villages, ports, etc. Research on the laws under the Ministry of Oceans and Fisheries has been progressively conducted, and is steadily increasing quantitatively. In this study, the domestic research trends were analyzed through text mining, targeting the research papers related to laws of the Ministry of Oceans and Fisheries. As part of this research method, first, topic modeling which is a type of text mining was performed to identify potential topics. Second, co-occurrence network analysis was performed, focusing on the keywords in the research papers dealing with specific laws to derive the key themes covered. Finally, author network analysis was performed to explore social networks among authors. The results showed that key topics have been changed by period, and subjects were explored by targeting Ship Safety Law, Marine Environment Management Law, Fisheries Law, etc. Furthermore, in this study, core researchers were selected based on author network analysis, and the tendency for joint research performed by authors was identified. Through this study, changes in the topics for research related to the laws of the Ministry of Oceans and Fisheries were identified up to date, and it is expected that future research topics will be further diversified, and there will be growth of quantitative and qualitative research in the field of oceans and fisheries.

A Comparative Study on the Increase of Practical Use of Standby Letters of Credit in Korea and U.S.A. (스탠드바이 신용장의 활성화를 위한 한.미간 비교 연구)

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.87-103
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    • 2008
  • Two kinds of security devices such as independent guarantees and standby letters of credit have been widely used in the international transactions. These devices design to protect one of the parties from a breach by its counter-party. Main uses of these guarantees and standby letters of credit are as follows : bid guarantee, performance guarantee, advance payment guarantee, payment guarantee, retention guarantee, etc. The standby letters of credit were first invented in the U.S.A. and have been widely used in the international and domestic contracts in the U.S.A. But the practical use of these credits is very unsatisfactory in Korea. The purpose of this study is to serve the increase of practical use of the standby letters of credit in Korea through the comparison study on the practical use of the credits between Korea and the U.S.A. Both devices are very similar in function, but they are very different in forms. The one has the form of letter of credits but the other has the form of guarantee. The letter of credit has the stability of governing rule, the legal certainty, and the preference in the field of the trade community comparing to the guarantee. I recommend to use standby letter of credit instead of bank guarantee in international transactions because of the merits of the credit aforesaid.

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A Study on the View of Choice of Spouse and Marriage of Unmarried Women's College Students (우리나라 여대생의 배우자 선택 및 결혼관에 관한 조사연구)

  • Kim, Young-Ock
    • Korean Journal of Human Ecology
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    • v.8 no.1
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    • pp.29-43
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    • 1999
  • This study was carried out to investigate the view of the choice of spouse and marriage of unmarried women's college students. Most respondents in this study think that the optimum age for marriage is 27 and prefer a seniority in age of 3-4 years who feels in love as the future husband. Also, they wish that the job of future husband be a technical expert. Approximately 63% of respondents recognize the necessity of marriage but 38% of respondents do not show a positive opinion for marriage. They also expect the emotional stabilization or partnership from marriage. Majority of respondents show a negative response to the marriage as means to solve economic difficulties. However, only 25.9% of respondents strongly show the negative opinion. In the acquaintance of the opposite sex in the purpose for marriage, most respondent are negative. However, they are positive in keeping virginal purity prior to marriage. Also, it has revealed that respondents want a partnership through allotment in domestic duties including baby sitting rather than household management through patriarchal system. In household economy, they prefer sharing living expenses and having a job after marriage. In choosing an ideal husband, although the academic background is considered as an important factor, but the present occupation is more important than the academic background. Also, one of the priority to choosing a spouse is influenced by each household circumstance and economic balance. About half of respondents want their parents-in-law to be alive, however, few respondents want to live together with parents-in-law.

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A Research on the Establishment of New Korea-Russia Bilateral Cooperation Law for the Sustainable Arctic Development

  • Kim, Bongchul
    • Journal of Contemporary Eastern Asia
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    • v.19 no.1
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    • pp.84-96
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    • 2020
  • The Republic of Korea (Korea) and the Russian Federation (Russia) are actualizing the cooperation in the Arctic area. As a result, Korean companies have begun to enjoy real economic benefits. However, since there are some troublesome aspects associated with this cooperation, measures that can lead to sustainable development through the supplementation of relevant norms are critical. Russia is also aware of these problems in obtaining economic benefits in the future; cooperation between the two countries should be extended to sufficiently cover this point. The laws related to the region are vague and do not encompass every field. In addition, when it comes to national interests, many situations arise from areas where international and national laws are not clearly harmonized. Therefore, efforts should be made to reflect the interests of both sides and to maintain economic benefits, in case Korea participates in Russia's development of the area, as well as for the legal foundation to reduce negative issues. The Korea-Russia Free Trade Agreement (FTA) negotiation is on the track for the purpose. The two governments should consider various tasks, such as harmonizing with the former FTAs and dealing with the domestic law in accordance with the new FTA. The two countries also have to conduct researches on the efficient use of the FTA and for the 'Sustainable Arctic Development'.