• Title/Summary/Keyword: legal structure

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Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

Limitations of Analyzing Metadata and File Structure of Audio Files for Legal Evidence: Focusing on Samsung Smartphones (법적 증거 능력을 위한 오디오 파일의 메타데이터 및 파일 구조 분석의 한계: 삼성 스마트폰을 중심으로)

  • Sungwon Baek;Homin Son;Jae Wan Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.1103-1109
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    • 2023
  • Today, as the number of audio files submitted as legal evidence increases with the proliferation of smartphones, the integrity of audio files has become an important issue. Accordingly, the purpose of this study is to explore whether the metadata and file structure of audio files recorded on Samsung smartphones can be manipulated to be identical to the original. This study was based on Samsung smartphones, the most widely used in Korea, and conducted experiments on the built-in voice recording app and the 'Easy Voice Recorder' app, which is the most popular recording app. Through the experiments of this study, it was proven that the metadata and file structure of audio files can be manipulated. Therefore, this study reveals that metadata and file structure analysis have limitations in proving the integrity when audio files are analyzed for adoption as legal evidence. They also argue for the need to develop new voice file forgery technology that does not rely on metadata and file structure analysis.

A Study on the legal status about chief of fishing boats (어로장의 법률상의 지위에 관한 연구)

  • Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

A Study on legal status of shipmaster and precedent of his Authority (상법상 선장의 지위와 선박소유자의 대리권의 판례에 관한 연구)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.17 no.3
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    • pp.1-14
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    • 1993
  • The master of ship is always authorised to perform whatever acts are ordinarily necessary for the safe and proper prosecution of the voayge with regard to both ship and cargo. In other words, when a ship is away from her home port, where her business was managed, the master generally carried the owner's authority, and ordinarily he had power to enter into engagements, on their behalf, for carrying goods in the ship, or for letting her service, provided those engagements were consistent with the usual manner of employing her adopted by the owners. Accordingly he has always to decide onboard for an adequate applying of statutory law and cases whenever he acts. But the master would appear to have no such autho-rity where he can communicate with the owners without difficulty as, now-a-days, he nearly always can. This paper, therefore, intend to review some guidance of his authority in accordance with the Korean Code of Commerce as well as precedent based on it. The paper is also simply to place at the disposal of young shipmasters and those who aspire to command some legal information concerning limit of master's authority away from vessel's home port through legal commentation on the precedent, which may assist them to a better understanding of the many problems they may be faced with in the course of their ca-reers. In order to make an efficient study of legal structure concerned for shipmaster's authority, several up-to-date precedents are selected and described herein by writer's opinion for preventing unreasonable legal dispute in this field before courts in future.

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Legal Issues Relating to Construction of the Dokdo Ocean Research Station (독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.32 no.4
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    • pp.427-437
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    • 2010
  • The Korean Government is trying to construct an ocean research station in Dokdo's water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.

Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles (UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계)

  • Hur, Hai-Kwan
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.31-53
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    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

A Study on the International Assignment of Monetary Rights - Focused on Special Contractual limitations on Assignment of Receivables - (금전채권의 국제적 양도에 관한 연구 - 채권양도금지특약을 중심으로 -)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.59-84
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    • 2016
  • Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

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The Type setting and Application of the New-hanok type Public Buildings - Focused on Cases were completed after 2000 -

  • Park, Joon-Young;Kwon, Hyuck-Sam;Cheong, So-Yi;Bae, Kang-Won
    • KIEAE Journal
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    • v.15 no.5
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    • pp.47-57
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    • 2015
  • Purpose: The purpose of this study is to set the type of 'the New-hanok type Public Buildings' through a case study for the hanok public buildings completed after 2000 years, and to analyze planned properties of the type. This is significant Establishing legal status of 'the New-hanok type Public Buildings' and seeing review of application possibilities of the type for providing a systematic government support measures of 'the New-hanok type public buildings' when models developing future. Method: Method of research is the first to examine the current laws and established the definition and legal status of 'the New-hanok type Public Buildings'. Followed by Setting the type classification criteria as to classify the type of 'the New-hanok type public buildings' and research architectural overview of selected cases by Literature, Internet searches, etc. After systematizing of the types classification of analysis cases, Characteristics of the type of the building structure looks catch classify in spatial structure, function, beauty. Finally, review application possibilities of the type for systematic government support measures establish when models developing of 'the New-hanok type Public Buildings' through a comprehensive analysis. Result: Selected cases were categorized as 3 types according by structural standard based on the core concept of 'the New-hanok type Public Buildings' set in this study. This can be divided into 'Wooden Structure type' and 'Composite structure - Convergence type' and 'Composite structure - juxtaposed type', 'Wooden Structure type' was re-classified by divided into '(1)Traditional Korean Wooden Structure' and '(2)Laminated Wood Wooden Structure'.

Domestic Law and Legal Countermeasures for Ground Excavation related Accidents (지반굴착분야에서의 사고발생시 법률적 대응방안)

  • Lee, Sang-Ho;La, Seung-Min
    • Proceedings of the Korean Geotechical Society Conference
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    • 2009.09a
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    • pp.671-676
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    • 2009
  • Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

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A Research on Legal Risk Prevention of Chinese enterprises' FDI in China-Japan-Korea FTA

  • SU, Shuai;ZHANG, Fan
    • The Journal of Economics, Marketing and Management
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    • v.7 no.4
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    • pp.6-9
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    • 2019
  • Purpose - This research mainly studied with the promotion of "one belt and one road "initiative's strategy and the construction of China, Japan and South Korea Free Trade Zone, China exports urgently needed industrial products to Japan and South Korea, which will not only help digest excess industrial capacity, optimize China's industrial structure, but also promote the economic development of Japan and South Korea. Research design, data, and Methodology - The study conducted a survey on 2018 year new revision of China-Korea Japan's data. Results -This study shows that In this process, multinational enterprises, as pioneers of economic development, play an irreplaceable role. However, due to the differences between laws of different countries and their own corporate culture concepts, enterprises in different countries will inevitably encounter various conflicts in the process of development. Conclusions -This requires our enterprises to have awareness of legal risk prevention in the process of development, and to study the corporate culture of relevant enterprises to truly achieve win-win cooperation.