• Title/Summary/Keyword: law & system

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A study on the Improvement Approaches of the Elderly Welfare Law according to change the Population Structure (인구구조 변화에 따른 노인복지법적 대응 방안)

  • Lee, Chuck-He;Noh, Jae-Chul
    • Industry Promotion Research
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    • v.5 no.4
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    • pp.73-79
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    • 2020
  • This study is based on the need to Lawively respond to changes in the population structure according to the low birth and elderly society, and to contribute to the establishment of policies on the welfare of the elderly, based on the need to review the "Elderly Welfare Law", and proposed ways to improve them by looking for problems with the Elderly Welfare Law. First, it is the enLawment of the Basic Law on The Welfare of the Elderly. As a proposal to improve the Elderly Welfare Law, it is a way to completely revamp the Elderly Welfare Law to grant a status as the basic law and the supreme law on the welfare of the elderly. Second, it is necessary to overhaul the law on elderly health and welfare measures and elderly welfare facilities. The plan is to revise the Elderly Welfare Law to clearly revise the legal charLawer of the elderly to the health and welfare measures of the elderly and the Law on elderly welfare facilities. Third, the legal system of the Elderly Welfare Law should be reorganized. The plan is to maintain the contents of the major welfare policies contained in the current "Elderly Welfare Law", but to revise it with a focus on the systemic issues mentioned above. In conclusion, the current "Elderly Welfare Law" was made in the context of the period at the time of its establishment and the basic courtesy of the elderly, and there are many points that are insufficient to cope with the low birth rate and the elderly society. Accordingly, this study proposes amendments and supplements to the Elderly Welfare Law, which can accept the request stipulated by the times due to changes in population structure.

A Comparative Study on the Civil Aviation Law between South and North Korea. (남.북한 항공법 비교연구)

  • Kim, Maeng-Sern;Lee, Si-Hwang
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.97-121
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    • 2006
  • Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.

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The Law and Case Study on the Domain Name Protection (도메인네임의 보호(保護)에 관한 법리(法理) 및 사례연구(事例硏究))

  • Kim, Yeon-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.169-209
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    • 2001
  • As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

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Legal review of public officials' leave of absence for law school enrollment training

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.189-197
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    • 2022
  • It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

The Study on the Application for Christian Education by Nashim, Jewish Mishna (유대교 미쉬나 나쉼(Nashim)의 기독교교육을 위한 적용 방안)

  • Jang-Heum Ok
    • Journal of Christian Education in Korea
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    • v.72
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    • pp.71-96
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    • 2022
  • The purpose of this study is to analyze the origins and texts of Judaism Mishnah Nashim, to think from the educational theological perspective, to suggest a method to be applied to Christian education, and to analyze human rights issues in relation to women's marriage life. To achieve the goal of this study is first, to analyze the historical process up to the compilation of Mishna Nashim in order to analyze the origin and text of Mishna Nashim, and then, the seven Masekcotts were analyzed from the perspective of the researcher by dividing them into marriage-related civil law, divorce-related civil law, engagement-related civil law, adultery-related civil law, and vow and pledges related civil law in order to analyze the content of the text of Mishna Nashim. Second, in order to analyze Mishna Nashim in educational theology, marriage laws were analyzed by dividing them into brother-in-law marriage system, chastity system of marriage, divorce law, engagement law, adultery law, and vow and pledge law. Third, to apply Mishna Nashim to Christian education, marriage life education were divided into marriage education and divorce education, vow education and pledge education. The conclusion of this study is as follows. First, marriage education is necessary to establish a Christian family. Second, Divorce prevention education is necessary from the Christian point of view. Third, a spiritually healthy vow education must be conducted. Fourth, healthy pledge education is necessary to live as true Christians. As a result, Korean society still has a deep sense of patriarchal authority, and gender equality is still lagging behind. Discrimination, disparagement, taboos for divorce and remarriage, and stereotypes about gender roles of women still exist within the church, therefore, Christianity must provide an alternative solutions solutions.

Henry′s constants of TCE and PCE in surfactant solutions

  • 양중석;백기태;권태순;양지원
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2004.04a
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    • pp.315-317
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    • 2004
  • Henry's law constants of trichloroethylene (TCE) and tetrachloroethylene (PCE) in air-aqueous surfactant systems were determined by gas chromatography headspace analysis of closed system. The effect of surfactant type and concentration was investigated.

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Advanced Practice Nurse System and Unlicensed Medical Practice (전문간호사 제도와 무면허 의료행위 - 대법원 2010.3.25. 선고, 2008도590 판결 중심으로 -)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.173-198
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    • 2010
  • There is a system in Korea named "Advanced Practice Nurse System" qualified by the Minister of Health, Welfare and Family Affairs for Advanced Practice Nurse besides nurse licence. Medical practice is, in today's medical law, understood as a general concept colligating medical practice, nursing practice and midwife practice and so on, for it is defined as a deed of medical technique practiced by medical personnel. Referring to the fact that the Supreme Court recognizes medical personnel as people who have medical expert knowledge, nursing practice can be recognized as a region of medical business and therefore it is not necessary to prescribe nursing practice separately from the definition of medical practice on a precedent, because nurse belongs to medical personnel. According to the precedent regarding 'Unlicensed Medical Practice of Advanced Practice Nurse for Anesthesia' recently sentenced by the Supreme Court, the medical practice is only allowed a doctor because it is 'in need of special knowledge and experience because of high danger on human body' and it is judged to be an unlicensed medical practice prohibited in medical law if it is to be done by a nurse. When considering the actual situation that System for Advanced Practice Nurse for Anesthesia is established under the circumstance that an anesthetist is in want and therefore the operation has not been performed on time, and that it is being expected an anesthetist to be in need, it is necessary to legislate for the range of medical practice of Advanced Practice Nurse so that Advanced Practice Nurse System can be practically legalized, for the role of Advanced Practice Nurse has the great possibility of shrinking because the precedent has considered Advanced Practice Nurse for Anesthesia doing anesthetic operation in clinic today as a potential wrongdoer.

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