• Title/Summary/Keyword: legal measures

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Study on the Safety Perception of Personal Mobility (개인형 이동장치 안전인식에 관한 연구)

  • Chanwoo Roh;Jaeduk Lee;Seyoung Ahn;Iljoon Chang
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.22 no.6
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    • pp.92-101
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    • 2023
  • The increasing use of personal mobility has led to a rise in traffic accidents and social issues. Consequently, the government is continually revising laws and regulations to address the problems associated with personal mobility. This study conducted a survey that reflects user characteristics and public perceptions based on the law revised in May 2021. The personal characteristics, legal awareness, usage patterns, risk characteristics, and risk factors were analyzed. The analysis indicated that driving on roads without separate sidewalks, speeding, and carrying passengers are hazardous practices. Moreover, Poor awareness of the legal framework governing personal mobility results in law violations. These results are significant as they highlight the need for policy measures regarding institutional and legal improvements, and they underscore the importance of enhancing social awareness about safety as personal mobility become more widespread.

The Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

A study of the development of the public libraries in the "Chun-Buk" province in Korea (전북지역 공공도서관의 발전책에 관한 연구)

  • 김포옥
    • Journal of Korean Library and Information Science Society
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    • v.15
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    • pp.25-77
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    • 1988
  • A Library is the fundamental character of culture in a country and it is also a barometer of culture in its community. Every cultural reality, however, can hardly come to fruition in a short time and so, it will be effected through a long time and tradition. This study aims at catching up how the above-mentioned public libraries have an influence on culture of its community people. For this purpose, the actual conditions of the public libraries have been investigated and analyzed and as a result of it, the problems have been reilluminated from the nation-wide point of view. And in the new changes, developing improvement measures have been tried to find. How to study was on the basis of the actual materials of the on the-spot survey, the interviews with the working officials and the response by way of questionnaire. Summing up the investigated and analyzed contents are as followings. In the above mentioned province, therefore, number of the public libraries are very limited compared with number of the people. And so, it is very essential to increase the public libraries in the province. In terms of the actual conditions, the public libraries lags far behind the other provinces in Korea from this library field. The present chronic conditions are the budgetary deficit, the collections insufficient to the legal minimal standards, the lack of professional librarians ignorance of the people and library managements by unprofessionals, etc.. This hinders the progress of the public libraries and to seculate them from the people. The improvements and the solutions to the above-mentioned problems are as follows. 1. To recruit the personnel sufficient to the legal standards and to reorganize the offices and to turn upward the highest class of librarian's position above the 4th class. 2. To secure collections sufficient to the legal standards and to strang then the extension services. 3. To organize the council composed of the chief librarians of the public libraries including the working chiefs in the province and to develop the works-in-hand of the libraries from the level of decision-making. 4. To organize the librarian training group and to study the working problems and to seek the qualified improvement of librarians. 5. The management of the public libraries in the province are, at present, der the Ministry of Education and the local government takes the financial power. So both should be shortly unified. 6. To do regularly the course of how to use library materials for the community people and to seek the inducement measures for the people through the various cultural events. 7. The public libraries organize the mutual cooperation networks and to seek the system automatized plans of free use of library materials and every library works. 8. To enlarge book mobile system actively and to infiltrate into the daily living of people deeply. Finally, what the present writer would like to speak to the chief librarians of the public libraries the human aspects of librarians should not be ignored no mater how excellent a library organization may be. In addition to this, the present writter is sure that the far-reached future of our library organization will depend on the librarians.

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The Difference of Awareness Level on Positive and Negative Effects of Permitting Online Gambling's Expansion: Focused on Gambling Users, Gambling Addicts, and General Population (온라인베팅 확대허용 및 불법 온라인베팅 축소방안에 관한 인식 차이: 이용자, 중독자 및 일반인의 인식 비교)

  • Kim, Ju-Yeon;Choi, Hyun-Joo;Ahn, Kyung-Mo
    • The Journal of the Korea Contents Association
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    • v.17 no.1
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    • pp.426-435
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    • 2017
  • Since online betting occurs on online where anybody can access through internet, thus, the online gambling market has been expanding. Domestic illegal gambling market size is 4 times bigger than that of legal gambling market, and illegal online betting market is rapidly growing as well. Currently online gambling does exist domestically in form of Sports promotion voting rights, also known as, Toto and Proto and internet lottery. However, the need for other types of online gambling to be permitted, expanded and managed has been suggested. This research has analyzed online gambling users, online gambling addicts and general population's awareness on expansion and operation of online gambling, contraction measures of illegal online gambling and operation measures in case of permitted expansion of online gambling. The result of this research's analysis showed that each group has significantly different awareness level on positive and negative effects of permitting online gambling's expansion. Also, it showed that each group has significantly different awareness on permitting expansion of racing betting as a legal gambling item. Since it is the proven fact that illegal online gambling users could turn into legal users and that users could use the service more positively if online gambling is legalized through allowance and expansion process; one could expect the positive effects from permitting expansion of online gambling.

A Study on the Status of Market, Technology and Legal System of the UAV and its Useful Policies (무인항공기 시장·기술·법제도 실태분석 및 정책적 대응방안 연구)

  • Park, Cheol-Soon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.373-401
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    • 2015
  • The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

Concepts and Legal Problems Related to the Health-vulnerable Class, and Measures to Ensure Health (건강취약계층의 개념과 법적 문제점, 그리고 건강보장을 위한 방안)

  • Kim, JESUN
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.125-144
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    • 2021
  • The purpose of this study is to present a legal improvement plan for health protection of the health-vulnerable class in our society in the 'COVID-19'. The contents of the first study examined the meaning of the existing (social) vulnerable class, and then critically considered the health-vulnerable class as an expanded concept in connection with the social risk of health. The term "vulnerable class" tends to have both meaning as the traditionally marginalized class such as the elderly, the disabled, and women, as well as the condition of having no ability to live due to low income, such as the low-income class. The concept of the health-vulnerable class is meaningful in that it appears as a recently expanded concept as it is linked to the concept of the vulnerable class and social risks such as health threats. The content of the second study looked at the problems that appeared when the health-vulnerable class was used together with the health care-vulnerable class in laws. Due to the laws used in both terms, there was a problem that the social security system related to health and health care could create blind spots. The contents of the third study suggested legal improvement directions for social security measures for health for the underprivileged.

Institutionalization for the Effective Establishment and Management of Wind Corridor Forests (도시 바람길숲 활성화를 위한 제도화 방안)

  • Ju-Hyeon Park;Jeong-Hee Eum;Jeong-Min Son
    • Korean Journal of Environment and Ecology
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    • v.38 no.1
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    • pp.108-120
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    • 2024
  • This study proposes measures for institutionalization and its inter-departmental linkages to increase the effectiveness of wind corridor forests in response to changing urban environmental issues and climate change. For this purpose, the study reviewed laws and regulations containing terms related to urban wind corridors, identified the roles and relationships of wind corridor forests required in relevant plans, and assessed high-level and basic plans for wind corridor forests to identify issues in the current establishment of wind corridor forests and derive key issues related to them. Based on these results, institutionalization measures for legislating wind corridor forests and their effectiveness methods were suggested. This study proposes 1) defining terms and establishing legal and institutional foundations and 2) establishing hierarchies with related plans and a legal basis for the basic plan for wind corridor forest as an institutional plan for legalization of wind corridor forest, and 1) establishing a legal and institutional foundation for constructing spatial data like analysis maps and 2) establishing the guidelines for the basic plan and for creating and managing wind corridor forests and their contents as an institutional plan for effective revitalization. It is expected that this study can be utilized as basic data for establishing laws and regulations related to wind corridor forests and can contribute to the institutionalization research of basic plans. It is also hoped to be used as basic data for systematically constructing wind corridor forests.

Legal Review of Product Liability of a Defective Aircraft (군용항공기와 결합방지를 위한 개선방안 및 법적 책임관계 연구)

  • Cho, Young-Ki;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.59-158
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    • 2005
  • When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

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An Analysis of Web Services in the Legal Works of the Metropolitan Representative Library (광역대표도서관 법정업무의 웹서비스 분석)

  • Seon-Kyung Oh
    • Journal of the Korean Society for Library and Information Science
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    • v.58 no.2
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    • pp.177-198
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    • 2024
  • Article 22(1) of the Library Act, which was completely revised in December 2006, stipulated that regional representative libraries are statutory organizations, and Article 25(1) of the Library Act, which was revised again in late 2021, renamed them as metropolitan representative libraries and expanded their duties. The reason why cities and provinces are required to specify or establish and operate metropolitan representative libraries is that in addition to their role as public libraries for public information use, cultural activities, and lifelong learning as stipulated in Article 23 of the Act, they are also responsible for the legal works of metropolitan representative libraries as stipulated in Article 26, and lead the development of libraries and knowledge culture by serving as policy libraries, comprehensive knowledge information centers, support and cooperation centers, research centers, and joint preservation libraries for all public libraries in the city or province. Therefore, it is necessary to analyze and diagnose whether the metropolitan representative library has been faithfully fulfilling its legal works for the past 15 years(2009-2023), and whether it is properly providing the results of its statutory planning and implementation on its website to meet the digital and mobile era. Therefore, this study investigated and analyzed the performance of the metropolitan representative library for the last two years based on the current statutory tasks and evaluated the extent to which it provides them through its website, and suggested complementary measures to strengthen its web services. As a result, it was analyzed that the web services for legal works that the metropolitan representative library should perform are quite insufficient and inadequate, so it suggested complementary measures such as building a website for legal works on the homepage, enhancing accessibility and visibility through providing an independent website, providing various policy information and web services (portal search, inter-library loan, one-to-one consultation, joint DB construction, data transfer and preservation, etc.), and ensuring digital accessibility of knowledge information for the vulnerable.