• Title/Summary/Keyword: legal Protection

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The Factor Influencing to the Effectiveness of Prevention Policies of the Criminal Victimization of North Korean Defectors (북한이탈주민 범죄피해 예방정책의 효과성에의 영향요인)

  • Lim, Chang-Ho;Kim, Yun-Young
    • Korean Security Journal
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    • no.51
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    • pp.223-249
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    • 2017
  • The purpose of this study is to analyze the actual situation of crime victimization by North Korean defectors and to examine whether any of the protection and support systems for defectors has a statistically significant effect on the perceived effectiveness for preventing the criminal victimization of North Korean Defectors. The subjects of this study were 107 police officers from the 17 provincial police departments. Independent variables were (1) social adaptation education in Hanawon, (2) protection officer system, (3) legal support system, (4) private participation system, (5) support for family life, (6) community participation activity. And the dependent variable is the crime prevention effectiveness for the defectors. As a result of multiple regression analysis, it was found that the independent variables that have a significant effect on the effectiveness of prevention of crime victimization were protection officer system and support for family life. First, in order to prevent the crime victimization of North Korean defectors in advance, three kinds of protection officer system that will be received after the transfer of the residence should play the role successfully. Second, the efforts of the government and municipalities alone are insufficient for the early settlement of North Korean defectors. Therefore, it is necessary to diversify the support and protection programs for North Korean refugees through cooperation with civic organizations. Third, it is necessary to expand the legal education time so that North Korean defectors do not suffer crime because of lack of legal knowledge. Fourth, in order to prevent North Korean defectors from being victimized by various kinds of crime, it is necessary to actively support them so that family life can be stabilized.

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Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

A study of Chinese fashion design copyright protection cases - Highlighting infringement cases involving the intellectual property rights of Bai Yi Bei in 2023 - (중국 패션디자인 저작권 보호 판례 고찰 - 2023년 백일배(百一杯) 지식재산권 판례를 중심으로 -)

  • Yueding Zhou;Hyunzin Ko
    • The Research Journal of the Costume Culture
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    • v.32 no.2
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    • pp.287-298
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    • 2024
  • Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

Legal Issues In Information Management (정보관리와 관련된 법적문제)

  • Lee Soon Ja
    • Journal of the Korean Society for Library and Information Science
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    • v.19
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    • pp.23-61
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    • 1990
  • Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

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A Case Study on the Investment Contract in China (중국에서 내국인 간의 투자계약 관련 중재 사례 검토)

  • Jang, Kyung-Chan
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.183-197
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    • 2014
  • 1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

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A Study on national responsibility to foster cultural contents and legal principles of vulgarity regulation

  • Cho, man-hyeong
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.1
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    • pp.33-38
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    • 2016
  • Constitution declares culture is area that without any interference from the state space, and so creates each person creative energy. It is a typical movie in culture. The film will be referred to as an important expression form as well as high value-added industries of cultural creativity of ethnic communities. Intervention of the state is necessary that by competing mechanisms of diverse opinions and ideas caused harm. State intervention is only to be operated at a minimum. The vulgarity causes young people have impulsive tendencies and affects adults adversely on on issues, regulation is possible for children and youth protection. This paper aims to suggest a new legislative measure about the legal principles of vulgarity regulation to solve this kind of problem efficiently. Some standard allowed vulgarity regulation on the principles of control.

The Legal Protestation for Interior Design and Protection Status of Interior Design - A Comparative Study : Design Protection and Trademarks for Interior Design between ROK and U.S.A. - (실내디자인 보호체계 및 현황에 관한 연구 - 미국과 한국의 디자인 및 상표등록 사례비교를 중심으로 -)

  • Ryu, Hojeong;Ha, Mikyoung
    • Korean Institute of Interior Design Journal
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    • v.23 no.3
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    • pp.134-143
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    • 2014
  • The protection of Design is very important issues in these days. Even though Interior Design is also one of important design sections, it is relatively unprotected by formal intellectual property laws, yet creativity and innovation flourish. The needs for protection of Interior Design have been creased. The aim of this study is to suggest the weakness of the system for protection of Interior Design. The proposed research is comprised of two themes. One is to research Acts related to protection of Interior Design. The second is to study the registered cases under the Design Protection Acts. These two theme is generated by the comparative review between ROK and U.S.A. Through these comparative results, this study propose some considerations for an effective protection for Interior Design. Design need to be registered in the hole image of the space not a partial element. The concept needs to be protected because it is more effective way to respond the copying. Exterior for facade and Interior Design need to be registered in one registration to use the protection system actively.

Recent Developments in the Law Relating to Maritime Safety and Environmental Protection

  • James, Jim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.2 no.1
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    • pp.125-135
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    • 1996
  • I hope that in the limited allotted to me today I managed to draw to your attention just some of the recent legal developments relation to international maritime safety and environmental protection or more simply, of safer ships and cleaner seas, none of us should be in any doubt the ever increasing pressure that is going to be placed upon the shipping industry to achieve the objectives to which those expressions refer.

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A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea -Enhancement of Legal Regime- (연안습지의 효율적 관리를 위한 Mitigation 개념의 한국적 적용방안에 관한 연구 -법제도 개선방안을 중심으로-)

  • Park Seong-Wook;Kwon Moon-Sang;Lee Yong-Hee;Lee Charity Mi-Jin
    • Ocean and Polar Research
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    • v.25 no.4
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    • pp.545-555
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    • 2003
  • It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.

Understanding Medicine as a Multi-dimensional Concept in the Legal Context (의료 개념의 다층적 이해와 법)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.75-112
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    • 2010
  • This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

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