• 수산해양교육연구
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• 제9권2호
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• pp.121-148
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• 1997

The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.

• 정보관리학회지
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• 제41권1호
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• pp.31-58
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• 2024

이 연구의 목적은 도서관법(법률 제18547호)의 주요 특징인 공공도서관 등록제에 대해서 살펴보는 것이다. 이를 위해 문헌연구를 통해 도서관법에서 '등록'의 법적 성격을 살펴보고, 전국 34개 등록관청 회의에 참여하여 예상등록률과 등록제에 대한 현장의 인식을 조사하였다. 조사 결과, 도서관법에서의 등록은 절차와 방법에서는 허가제의 성격을 지녔으나, 효력에서는 공증의 효력만을 지니는 것으로 나타났다. 전국의 예산등록률은 26%로 나타났다. 등록관청의 인식 조사에서는 등록제의 가장 큰 문제점으로 '비고'의 조항에 대한 문제, 업무 과중, 사서 확충의 어려움, 등록기준 및 등록대상의 불명확 등을 지적하였다. 이에 대해 도서관법의 실효성을 높이기 위한 개선방안을 제안하였다.

• 무역상무연구
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• 제63권
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• pp.63-88
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• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 2001년도 제53차 추계 학술대회 연제집
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• pp.363-364
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• 2001

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 2001년도 ICCAS
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• pp.113.5-113
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• 2001

In this work, we consider the flexible manipulator system. Generally, the manipulator system may often be made on the base of the imperfect modeling, joint friction, payload change, and external disturbances. These elements are uncertain factors. These uncertainties and flexibility make difficult to control the system. To overcome these defects, a class of robust control law is proposed for the flexible manipulator system and the singular perturbation approach is applied. To show the effectiveness of this control law, simulation is presented for one degree of freedom flexible joint and flexible link system.

• 무역상무연구
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• 제17권
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• pp.147-167
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• 2002

In this paper, I investigated and analysed of the utilization of logistics information system in Korean firms - key factors of logistics management capacity, capacity of logistics information technology management, utilization of logistics information system and logistics outcome. I come to the conclusion that the higher firms are management capacity and capacity of logistics information technology management, the better firms utilize logistics information system, and the better these firms are logistics outcome, that is, the higher to promote logistics service and to reduce logistics cost.

• 항공우주정책ㆍ법학회지
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• 제6권
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• pp.191-215
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• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• 대한가정학회지
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• 제11권1호
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• pp.107-121
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• 1973

As Korean society of today is rapidly changing, the value system which has been traditionally accepted in the family ought to undergo inevitable changes. This paper aims at investigating and analyzing the prevalent value system of the family and the degree to which it is changing in the middle-class families in Seoul. Particular attention has been paid in this paper to the relationship between a married women and her mother-in-law. The conclusion at which this paper has arrived are as follows : (1) more than the half of both married women and their mothers-in-law of the middle class in Seoul feel satisfaction for the family life ; yet the rest who have responded in terms of "average" seem in fact to feel unsatisfactory in their marriage, even though they do not specifically regard themselves "unhappy" ; (2) generally, married women, including their mothers-in-law, prefer the independent, autonomous household management ; (3) both married women and their mothers-in-law wish to live independently but the former prefer the living-together with their mothers-in-law ; (4) married women plan to support economically the parents-in-law more than the latter want to be supported ; (5) the relationship between the parents-in-law and the married women is regarded as "good" by 62% of the former while the latter in 41% only see it in "good" terms, which indicates actually their unhappy psychological state ; (6) married women in general dislike their husband's sisters in comparison with their mothers-in-law, which seems to betray the commonly accepted view that married women go worst off with their mothers-in-law ; (7) the absolute majority of women, whether a parent and her son's wife, believe that the maintenance of a good relationship between families is essential to the happiness of marriage ; (8) surprisingly, a great majority of married women whichever their side may be think that no interference with their children's home is better ; (9) more than a half of mothers-in-law expect their son's wife to live distance from her own parents ; (10) married women believe that the good cause for a better marriage lies in mutual understanding and help exchangeable between them and their mothers-in-law. This investigation has shown, to be sure, some of the salient problems in family relations which will certainly encourage further attempts to study.

• 의료법학
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• 제23권2호
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• pp.3-36
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• 2022

의약품 리베이트 문제를 해결하기 위해서는 위법행위를 한 자를 제재하는 것과 함께 리베이트를 하지 않아도 의약품 판매촉진 경쟁에서 이길 수 있는 방법을 제공하는 구조적인 법 제도 개선이 필요하다. 이전에 국회와 정부는 제재를 강화하는 방안에만 노력을 기울였다. 그 결과 2014년 처분 대상 의약품을 시장에서 퇴출시킴으로써 제약회사에게 막대한 손실을 입힐 수 있는 제재 방법인 급여정지 제도를 도입하였다. 하지만 제도 도입 3년 만에 급여정지 처분이 환자의 의약품 접근권을 침해한다는 문제를 인식하고 2018년에 급히 급여정지 제도를 폐지하였다. 국회는 2021년 상징적으로 남아 있던 3차 위반 시 급여정지 처분도 모두 과징금 갈음이 되도록 입법을 하였다. 이렇게 급여정지 처분에 대한 입법자의 반성적 입장이 분명하지만 보건복지부는 구법 기간 동안의 리베이트에 대해서는 구법 상 급여정지 처분을 하여야 한다는 법 해석을 하고 있다. 구법 상 보건복지부 재량으로 되어 있는 과징금 갈음에 대해서도 법 개정 전 구법 하에서 취했던 좁은 기준을 그대로 유지하고 적극적으로 재량을 행사하지 않겠다는 입장이다. 본고에서는 급여정지 제도 도입의 이유가 된 의약품 리베이트 문제를 개관하고 급여정지 제도의 도입, 폐지 경위를 살핀 후 급여정지 처분의 위헌적 요소와 급여정지 처분의 위법성을 검토한다.

• 제어로봇시스템학회논문지
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• 제19권5호
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• pp.410-415
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• 2013

This paper proposes a bidirectional platoon control law using a coupled distance error based on the backstepping-like feedback linearization control method for an interconnected mobile agent system with a string structure. Unlike the previous results where the single agent was controlled using the only own information without other agents, the proposed control law cannot show the only distance error convergence of each agent, but also the string stability of the whole system. Also, the control performances are improved by the proposed control law in spite of low performance of bidirectional control strategy in the previous results. The proposed bidirectional platoon control algorithm is based on the backstepping-like feedback linearization control method. The position errors between each agent and the preceding and the behind agents are coupled by weighted summation. By the proposed control law, the distance error of each agent can converge to zero while the string stability is guaranteed when the coupled errors can converge to zero. To this end, the back-stepping control method is employed. The pseudo velocity input is determined considering the kinematic relationship between agents and the string stability. Then, the actual dynamic control input is determined to make the actual velocity converge to the pseudo velocity input. The stability analysis and the simulation results of the proposed method are included in order to demonstrate the practical application of the proposed algorithm.