• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.215-219
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• 2022

Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

• Journal of Wellbeing Management and Applied Psychology
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• v.5 no.4
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• pp.57-67
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• 2022

Purpose: The purpose of this study is to identify what research ethics issues are related to chemical incidents at the level of national disasters in Korea, and then to secure clear research ethics to prevent similar incidents from recurring. Research design, data and methodology: The study design was a case study of the humidifier disinfectant disaster in Korea. The humidifier disinfectant incident is a worldwide issue that has never occurred in the world. The main cause of the humidifier disinfectant incident that occurred only in Korea was the toxicity of the humidifier disinfectant contained in the humidifier spray. In this regard, research ethics will be derived through related laws and systems, research ethics status, incident damage and compensation, prosecution's investigation status, and the final precedent of the Supreme Court. Results: Although the lack of laws and systems of government departments related to humidifiers is important in the research results, the violation of ethics regulations by researchers during research experiments has become a decisive problem. Conclusions: In conclusion, the most important thing is that the research bioethics of researchers at the forefront should take precedence over any other values, especially during experiments and research related to public health.

• Ocean and Polar Research
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• v.45 no.1
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• pp.11-22
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• 2023

For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.125-144
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• 2016

All forms of Clinical trial should be fully equipped with protection systems for experimental subjects considering their uncertainty and various risks. Existing laws have some regulations in pharmaceutical affairs act and medical device act. Nonetheless, there is a limit to protect the subjects considering law objective to perform administration of medicine. Furthermore, the clinical trial on minor has no direct regulations in pharmaceutical affairs act, but prescribes certain portion in clinical trial assessment guideline on infants or medicine clinical trial management standard, however there is a limit because that is just recommendation not having legal effectiveness. The legislative solution would be possible for legal problems of clinical trial on minor by examining treatment system on minor in organ transplant act and clinical trial on minor in other foreign laws stronger than usual medical practice in terms of degree of human body invasion. I suppose that the control system of clinical trial being done focusing on the pharmaceutical affairs act, medical device act and other guidelines in existing laws system should be resolved by legislating 'trial subject protection law', in addition, this would be well balanced in organ transplant act on protection system of minor organ donors. Furthermore, the judgement on the consent ability and spontaneity in clinical trial on minor should be judged considering maturity and mentality of minor by clinical trial institutional review board based on legislative solution mentioned above.

• Journal of Gifted/Talented Education
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• v.18 no.3
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• pp.543-568
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• 2008

The study attempted to articulate standpoints towards compulsory education system based on schooling age and year in careful considerations with the gifted. For these ends, literatures were reviewed and various education laws, regulations and documents and related law reports and judicial decisions were investigated. Literature review was conducted to develop that ideas of rights to compulsory education for regular students are closely related to those for gifted. Structures of general education laws and gifted education law and regulations were compared. Later, limitations of compulsory education were discussed when it was applied for the gifted. In conclusions, it is inappropriate that the gifted are ruled by compulsory education system based on schooling age. If compulsory education system is designated to provide an effective opportunity for all students, it should be duties and rights to enter elementary schools at schooling age. However, it appeared that the duties and rights to enter elementary schools at certain schooling ages function as inhibitors against the gifted with giftedness and potentials far beyond those of regular students. Therefore, the gifted should be separately ruled under flexible systems of compulsory education if their achievement level is assessed as sufficient to enter elementary schools before schooling age. On the other hand, legal systems of compulsory education are gradually evolved to flexible systems. However, it is necessary to establish social atmosphere and support system of educational administration in order to practice the flexible system of compulsory education for the gifted.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• The Korean Journal of Archival Studies
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• no.13
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• pp.3-40
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• 2006

The archives and records management 'reform' has spreaded out through the third quarter of 2004. There are many evidences such as the change of the Office of the President's management on the record production, 'the reforming road map for the final draft on the archives and records management.' This method spreads into the Cabinets. So it is improved these rosy conditions was upgraded by the laws and regulations. We also hope that the conditions of the records management to be a higher level than before. However the actual conditions of the records management are not good comparing with the law and regulations. I think this unbalance is a serious problem. The reason of the 'failed history' during past time was caused not by the laws itself but by the indifference and negligence on the laws. The academic field and NGO have continuously required some essential suggestions on that problem; political neutrality and independent of the National Archives, the employment of specialists and the improvement of their skills etc. But these requirements have not accepted yet. This revised records management law also has not applied to the road map wholly. Even though the outward growth during that time is remarkable, we need to learn some instructions by way of the 'failed history'. Therefore our urgent task is to narrow the gap between the new system and the actual conditions based on long and short term projects.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.29 no.1D
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• pp.101-110
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• 2009

Urban Designers and Planners are interested in creating barrier-free (BF) environments as the demand for social equity increases. BF design consists of design strategies for modifying buildings or facilities to be used by the physically disadvantaged or disabled. To construct buildings or facilities to be "Barrier-free", design standards specifically modified for the physically disadvantaged or disabled should be applied. The purpose of this study is to analyze the BF design standard used in the national laws and provide suggestions for their future improvements. In the study national laws in four countries were reviewed and important BF standards to be used in the laws were identified using a frequency analysis. The results of the frequency analysis were applied to the BF assessment criteria for sidewalk design. Then a field assessment for two sidewalks located in Seoul metropolitan region was conducted using the refined BF criteria. The findings from the field assessments indicated that current regulations were not appropriately designed to provide sufficient convenience for the disabled. It is needed to enhance the BF standards in the domestic regulations to offer sufficient mobility to the physically disadvantaged or disabled.

• Journal of the Korea Society of Computer and Information
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• v.19 no.10
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• pp.117-124
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• 2014

Software Development Security is defined as a sequential procedure such as deleting potential security vulnerability for secure software development, designing or implementing various functions with considering security, and so on. In this paper, we research on domestic or international hacking cases that could damage us mentally or financially. Seventy five percent of Web-site attacks abuses weak points of application programs, or software. We also research on major issues related to software development security with these demerits. And then, we propose public and private laws, regulations, or systems and give some examples with detailed descriptions.