• Title/Summary/Keyword: legal system

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A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

Legal Culture and Corruption: A Cross-National Analysis of Effects of Courts Fairness and Courts Accessibility on Corruption (법문화(legal culture)와 부패인식: 사법서비스에 대한 접근성과 재판의 공정성 효과를 중심으로)

  • Kim, Hyeongmyeong;Suh, Jaekwon
    • Korean Journal of Legislative Studies
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    • v.25 no.2
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    • pp.141-177
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    • 2019
  • This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

A Study on the Reform Model of Legal Deposit System in Korea (한국의 납본제도 개선모형에 관한 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.37 no.4
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    • pp.24-52
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    • 2003
  • In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

A Study on Improving Methods for Legal Deposit System in Korea through Publishers' Recognitions about Legal Deposit (출판사의 납본 인식을 통한 납본제도 개선방안에 대한 연구)

  • Oh, Sun Young;Chung, Yeon-Kyoung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.23 no.4
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    • pp.141-160
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    • 2012
  • National libraries have an obligation to meet the information needs of users by collecting as many various materials as possible. As legal deposit accounts for the highest percentage of the collection building methods of national libraries, they are trying to encourage the legal deposit of the publishers. However, the rate of legal deposit for the most publishers are pretty low. Therefore, in this study, the improvement plans of legal deposit system for the purpose of helping legal deposit of national libraries improve smoothly has been investigated by identifying the problems with the legal deposit system that publishers had and by suggesting the matters that should be improved based on the recognition of legal deposit by publishers. The plans for the revitalization of legal deposit for the publishers are as follows: promoting factors of legal deposit systems such as scope, deadline, compensation, fine and legal deposit libraries, simplification of legal deposit procedures, set-up of automated online system for legal deposit and strengthening of the method for promoting and educating the legal deposit.

On the Use of Legal Measures to entice Participation in Online Dispute Resolution System (ODR 시스템으로의 사용자 참여유인을 위한 법적 장치의 활용)

  • Kim, Sun-Kwang
    • International Commerce and Information Review
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    • v.10 no.1
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    • pp.279-293
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    • 2008
  • The number of participants in an online dispute resolution(ODR) system is crucial to its survival. Securing participation is nonetheless difficult. Clearly, it is important to offer a system that is fair, transparent and offers an efficient service at low cost. These factors are fundamental to ensure trust and to build a returning customer base to the system, but are not what attracts a party to submit a dispute for settlement. This paper describes and discusses four main categories of legal measures found in the online dispute resolution services offered by SquareTrade and WIPO. In spite of shortcomings in the offered, the legal measures have contributed to attract large numbers of participants. Large participation secures the long-term economic viability of an online dispute resolution system. The four categories of legal measures described and discussed in this paper need to be part of the specifications and the design and development of future ODR system.

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Related Legal System for the Introduction of Healthcare Improvement Focus on the Aged (고령자 중심의 헬스케어 도입을 위한 관련 법제도 개선방안)

  • Choi, Bong-Moon;Cho, Byung-Ho;Park, Hwan-Yong
    • The Journal of the Korea Contents Association
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    • v.13 no.7
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    • pp.203-213
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    • 2013
  • In the current legal system, establishing aging friendly smart home based on healthcare for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic and foreign legal systems. The related legal system is divided into three sections - 'healthcare,' 'aging friendly,' and 'smart home' - providing that telemedicine would be implemented. According to the analysis of the legal system for healthcare, telemedicine is executed by the medical law. Thus, we need to investigate the concept and all the matters of telemedicine on the basis of foreign cases. As the result of the analysis of the legal system for 'Aging Friendly,' the definition of the elderly is ambiguous and we find the improvement of health and medical system. In addition to these, the definite bounds of the healthcare equipment have to be set. From these results, we are aware of the necessity of the improvements of the legal system, and suggest plans for these problems. That is to organize the legal system and make a new law through revising the current specific identification. This study focuses on suggesting the improvements of the legal system with the comparative analysis of the domestic and foreign legal systems.

Review on Need for Introduction of New Legal Framework of Investigation and Criminal Sanctions for OSH Fatal Accidents

  • Park Doo Yong
    • International Journal of Safety
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    • v.3 no.1
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    • pp.47-52
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    • 2004
  • Current OSH system was analyzed in this paper to explain why high fatal incidents and disasters are continuously repeated for recent years in Korea. It was found that we have Dichotomous Perceptional Misconception of prevention before accident and compensation after accident and there is a significant lack of proper feed­back reward system for OSH performance. It was assumed that no reduction of accident rate and fatality rate have not been achieved recently despite of a great effort and increased resource allocations. Some statistics for proving weak punishment were analyzed. In the current system, the will of administrative agency would have been very limited particularly in the legal aspects. The Industrial Safety and Health Act is not suitable to after-injury punishment for employer and/or corporate since it is based on a framework for enforcement of prevention. Based on these analyses, it was concluded that there was a need to consider a special law for Corporate Accountability for Fatal Accidents. Because it is necessary to consider seriously for introduction of a new legal system for after injury punishment to repair the current system where it was found lack of proper feedback system. Also, there was no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate. it is necessary to consider seriously for introduction of a new legal system for after injury punishment. Also, there is no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate.

A Study of Health Care System Housing and Environment of the Elderly (고령세대의 환경과 헬스 케어 시스템 주택에 관한 연구)

  • Kim, Jeong-Ja;Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.4
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    • pp.925-930
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    • 2012
  • In the current legal system, establishing aging friendly house based on health-care for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic legal systems. The related legal system is divided into two sections - healthcare system house and senior house. It is very limited only th exchange the information with medical teams. Thus, we need to investigate th concept and all the matters of health-care on the basis of cases. From these results, we are aware of the necessity of the improvements of the health-care system, and suggest plans for these problems. That is to organize the legal system, and make a new law through revising the current specific identification.

Developing and Evaluating an Ontology-based Legal Retrieval System (온톨로지 기반 법률 검색시스템의 구축 및 평가에 관한 연구)

  • Chang, In-Ho
    • Journal of the Korean Society for Library and Information Science
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    • v.45 no.2
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    • pp.345-366
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    • 2011
  • The law affects our daily lives, and hence, constitutes a crucial information resource. However, electronic access to legal information using keyword-based retrieval systems appears to provide users with limited satisfaction. There are many factors behind this inadequacy. First, the discrepancies between formal legal terms and their counterparts in common language are quite large. Second, the situation is further confounded by frequent abbreviations in legal terms. Third, even though there is a constant deluge of legal information, users' needs have evolved to demand more Q and A type searches. All of these factors make the existing retrieval systems inefficient and ineffective. This article suggests an ontology-based system as a means to deal with such difficulties. To that end, a legal retrieval system(experimental system), built on the basis of a newly-constructed law ontology, was tested against a keyword-based legal retrieval system(existing one), yielding data on their relative effectiveness in retrieval and user satisfaction.