• Title/Summary/Keyword: legal process

Search Result 810, Processing Time 0.037 seconds

A study on the changes of urban organization and social meaning in the western Area of Gyeongbokgung Palace - Focused on Nuha-dong and Pilun-dong after the modern era - (경복궁 서측 지역의 도시조직 변화와 사회적 의미 고찰 - 근대기 이후 누하동, 필운동의 주요 사례 필지를 중심으로 -)

  • Bae, Chang-Hyun
    • Journal of architectural history
    • /
    • v.31 no.3
    • /
    • pp.31-40
    • /
    • 2022
  • In the historical city center where overall development has not been made, it is not difficult to observe the asp ect of the urban change process over time accumulated. Seochon(西村), which collectively refers to 13 legal dong s in the west of Gyeongbokgung Palace, is also considered a representative historical village with high value as a historical and cultural cityscape because of historical context remains throughout the lot. Therefore, research ex amining the process of changing parcels in this area is useful for a more three-dimensional understanding of the presence of several layers of time. In this study, relationship between the opening time of each road, the river co ver process, and the current building establishment process is examined using maps after the pre-modern period and modern era. In addition, to examine the specific change process of individual lots using the old land register, building management ledger and cadastral map.

Integration of Laser Scanning and Three-dimensional Models in the Legal Process Following an Industrial Accident

  • Eyre, Matthew;Foster, Patrick;Speake, Georgina;Coggan, John
    • Safety and Health at Work
    • /
    • v.8 no.3
    • /
    • pp.306-314
    • /
    • 2017
  • Background: In order to obtain a deeper understanding of an incident, it needs to be investigated to "peel back the layers" and examine both immediate and underlying failures that contributed to the event itself. One of the key elements of an effective accident investigation is recording the scene for future reference. In recent years, however, there have been major advances in survey technology, which have provided the ability to capture scenes in three dimension to an unprecedented level of detail, using laser scanners. Methods: A case study involving a fatal incident was surveyed using three-dimensional laser scanning, and subsequently recreated through virtual and physical models. The created models were then utilized in both accident investigation and legal process, to explore the technologies used in this setting. Results: Benefits include explanation of the event and environment, incident reconstruction, preservation of evidence, reducing the need for site visits, and testing of theories. Drawbacks include limited technology within courtrooms, confusion caused by models, cost, and personal interpretation and acceptance in the data. Conclusion: Laser scanning surveys can be of considerable use in jury trials, for example, in case the location supports the use of a high-definition survey, or an object has to be altered after the accident and it has a specific influence on the case and needs to be recorded. However, consideration has to be made in its application and to ensure a fair trial, with emphasis being placed on the facts of the case and personal interpretation controlled.

A study on the Ethics Characteristics according to Service and Practice of Construction Manager (건설사업관리자의 업무수행에 따른 윤리 특성 고찰)

  • Lee, Sang-Beom
    • Korean Journal of Construction Engineering and Management
    • /
    • v.12 no.1
    • /
    • pp.97-106
    • /
    • 2011
  • Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

Discrimination of Private Property Right Protection in the U.S. Urban Regeneration Projects: A Perspective of Legal Geography (미국 도시재생사업과 사유재산권 보호의 차별 - 법제지리학의 관점 -)

  • Kim, Yong-Chang
    • Journal of the Korean Geographical Society
    • /
    • v.47 no.2
    • /
    • pp.245-267
    • /
    • 2012
  • This paper analyzes the discrimination of private property right protection in urban regeneration projects that is implemented by eminent domain based on public use in the United States. In spite of urban regeneration projects which depends on property condemnation for public use as a coercive power, it is executed on the discrimination of property right and sacrifice of the social disadvantages that transfer property from these private party to another big capitals and private developers. At first this paper investigates research trends in urban regeneration within the framework of multidisciplinary approach and suggests legal geographical perspective as a new research field. Next I figure out current state, types and numbers of brownfields site with the EPA and GAO data, and define these sites as results of deindustrialization and suburbanization process. Finally this paper uncover that the discrimination process of private property right is due to complex actions of expansion of public use concept in the U.S. Supreme Court from public ownership to economic public use, privatization of eminent domain, growth coalition regime and business friendly policy focused on economic development, class and racial bias, neoliberal movements of property right reform.

  • PDF

A Study on the Development of the Arbitration System based on the Prosecution and Police Investigation Mediation Right

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
    • /
    • v.28 no.3
    • /
    • pp.35-53
    • /
    • 2018
  • The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

An Architecture of Access Control Model for Preventing Illegal Information Leakage by Insider (내부자의 불법적 정보 유출 차단을 위한 접근통제 모델 설계)

  • Eom, Jung-Ho;Park, Seon-Ho;Chung, Tai-M.
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.20 no.5
    • /
    • pp.59-67
    • /
    • 2010
  • In the paper, we proposed an IM-ACM(Insider Misuse-Access Control Model) for preventing illegal information leakage by insider who exploits his legal rights in the ubiquitous computing environment. The IM-ACM can monitor whether insider uses data rightly using misuse monitor add to CA-TRBAC(Context Aware-Task Role Based Access Control) which permits access authorization according to user role, context role, task and entity's security attributes. It is difficult to prevent information leakage by insider because of access to legal rights, a wealth of knowledge about the system. The IM-ACM can prevent the information flow between objects which have the different security levels using context role and security attributes and prevent an insider misuse by misuse monitor which comparing an insider actual processing behavior to an insider possible work process pattern drawing on the current defined profile of insider's process.

A Study on Improving Private Investigation Work Efficiency to Missing Cases (탐정의 실종사건 조사업무 효율성 제고방안에 관한 연구)

  • Kim Sang Min;Sun Jun Ho;Yeom Keon Ryeong
    • Industry Promotion Research
    • /
    • v.8 no.4
    • /
    • pp.241-250
    • /
    • 2023
  • In investigating missing persons cases, the focus is on strengthening the efficiency of detectives' work in investigating missing persons cases. Disappearance cases are seen as a problem that directly affects social safety and individual well-being. The research has the following structure. The introduction presents the necessity, scope, and methodology of the study. Next, we analyze the definition, causes, types and actual conditions of disappearance cases. In terms of problems in the process of handling missing persons cases, the initial response process, problems in the response of related agencies after reporting, problems due to the prolongation of the case, and problems due to legal restrictions are analyzed. In the plan to improve the work efficiency of detectives for disappearance cases, the revitalization of public interest investigation networks, strengthening of capacity related to disappearance case investigation, professional public interest detective certification system, and establishment of exception provisions for detective activities are discussed. In the conclusion, we present what is necessary for the activities of public interest detectives specializing in missing persons cases.

The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
    • /
    • v.28 no.2
    • /
    • pp.3-43
    • /
    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

The Law of Aircraft Leasing in the People's Republic of China : Achievements and Challenges

  • Yu, Dan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.30 no.2
    • /
    • pp.155-176
    • /
    • 2015
  • Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

The Improvement Plan for Personal Information Protection for Artificial Intelligence(AI) Service in South Korea (우리나라의 인공지능(AI)서비스를 위한 개인정보보호 개선방안)

  • Shin, Young-Jin
    • Journal of Convergence for Information Technology
    • /
    • v.11 no.3
    • /
    • pp.20-33
    • /
    • 2021
  • This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.