• The Journal of the Korea institute of electronic communication sciences
• /
• v.6 no.5
• /
• pp.757-763
• /
• 2011

This study was intended to identify the problem of the lien in relation to the real estate auction and present its improvements in terms of procedural laws. To resolve the problem of the lien in the real estate auction, it is valid that the Vollstreckungsgericht needs to set the certain standard in relation to the possession of real estate and notify it at the first date of sale by judging whether the lien can be established. And the institutional improvement is required to obligate one to report the lien in the procedures of the real estate auction and reinforce the survey of the present condition of the lien. And it is necessary to impose the more public confidence on the statement of sale by including the matter of the lien in it. In addition, it is necessary to reinforce legal punishment to the false and fictitious lienholder and establish the legal stability of the lien in the process of the real estate auction.

• The Journal of Fisheries Business Administration
• /
• v.34 no.1
• /
• pp.69-85
• /
• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• Spatial Information Research
• /
• v.19 no.6
• /
• pp.29-41
• /
• 2011

Recently, the importance of systematic Land-monitoring has been emphasized. The existing Law does not include any definitions or regulations of monitoring. Although there exist laws regarding examining and measuring the current status of region, utilization, distribution, share, security and management of the data need to be improved. In order to upgrade the Land-monitoring system, several tasks such as terms, building cycle, forms, scope, management team should be well-defined. In this study, problems of the Land-monitoring is investigated by understanding the legislation in the land planning system and its operating system. The setting of the land-monitoring concept in Framework Act on the National Land and revision of specific laws in this field were introduced. Finally, new Land-monitoring legislation covering the improvement of the data-acquisition and co-utilization were suggested.

• Human Ecology Research
• /
• v.51 no.3
• /
• pp.275-284
• /
• 2013

The purpose of this study is to provide useful insights into community-level support services for family caregivers in Korea by comparing them with the services in the United States. Similar to most developed countries, life expectancy has led to rapid population aging in Korea over the last several decades. However, despite increased social needs of long-term care for the elderly, many elderly Koreans are still dependent on their family for the long-term care. Yet, existing support programs for family caregivers are very limited. As a result, family caregivers often suffer from a lack of financial resources and emotional support. In this study, we comprehensively review the extensive literature, including relevant studies and documents of community-level support services for family caregivers of the elderly at home in Korea and the United States. One of the most important differences is that compared to Korea, diverse services based on the law of NFCSP to support the family caregivers, such as counseling, organization of support group, and educating have been available in the United States since 2000. Additionally, the legal definition of family caregivers in the United State is broader than that in Korea, where family caregivers are limited to those who are related by blood or marriage. Therefore, more caregivers are eligible for support programs and benefit from the programs in the United States. The findings of the study suggest that policy makers in Korea should legislate for diverse and comprehensive services for family caregivers. Further, it is necessary to define legal terms for family caregivers more broadly to extend beneficiaries of the programs.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.30 no.2
• /
• pp.211-243
• /
• 2019

According to article 11 of the Public Records Management Act of Korea, metropolitan city, special self-governing city, province or special self-governing province should establish archival institutions for permanent preservation and management of records. As a result, the establishment and operation of archival institutions in Korea has been increase, but since it is still in the stage of introduction, the mission and role of these archives have not been specified by archives act. Therefore, we need to establish a proper legal basis to support it. To do this, it explores the archives act in China, Russia and Germany in terms of basic operational policy, collection and transfer of records, management of records, and service of records. As a result, the study presents some implications for the archives act for the management of archives in Korea.

• Journal of the Society of Disaster Information
• /
• v.15 no.1
• /
• pp.153-164
• /
• 2019

Purpose: This paper aims to derive improvement measures, in terms of legal and technical aspects, which can reduce effectively the casualties caused by drowing accidents. Method: Firstly, we checked the status of drowing accident management and carried out the interview of field private safety guards. field private safety guards. In addition, surveys were conducted on safety personnel and managers. Based on survey results, we are lastly analyzed the specific problems and reviews the improvement measures from technical and legal aspects. Result: As an analytical result, it was considered that supplementary supporting tools such as CCTV, monitoring devices using IoT and artificial intelligence technologies were necessary to prevent drowning accident, and qualification with limited authority should be added to the private safety guard because of the lack of regulation. Conclusion: In order to manage water safety effectively, a comprehensive water safety management system should be established that integrates people and equipment through systemic education of security personnel, authorization of enforcement, and introduction of surveillance equipment.

• Journal of Arbitration Studies
• /
• v.32 no.1
• /
• pp.71-91
• /
• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• The Korean Journal of Franchise Management
• /
• v.13 no.4
• /
• pp.23-37
• /
• 2022

Purpose: The Korean franchise market has undergone drastic growth in recent years. Followed by expansion of franchise business types, relevant legal matters have diversified. Compared to conventional economic laws that focused on resolving problems related to unfair transactions between franchisors and franchisees, more diverse labor laws have emerged recently due to governance and economic dependencies of franchise structure. However, it was found that the business environment of franchisees and working conditions of franchisee employees have not changed accordingly due to the unique structure of franchise business. Though franchisees are entrepreneurs independent from franchisors, they are still under franchising contract with the franchisors. For instance, employees of franchisees have been exposed to malpractices in regard to pay, time, and other working conditions. These malpractices may show the ineffectiveness of current labor laws. Labor management is an important issue for sustainability of franchise businesses. Negative publicity of franchises generated from violating relevant labor laws may have significant negative impact on overall image of franchised brands. However, franchisors should not hold franchisees fully responsible for legal violations in terms of labor management but strive to prevent relevant risks. Thus, the recent amendment in labor law related to increased minimum wage and reduced worktime have called for more attention to effectively implementing the law. Research design, data, and methodology: This study was conducted through a review of franchise-related laws and various institutions and policies. Results: It is further needed for all parties, including franchisors, franchisees, and franchisee employees, to take collaborative actions to improve working conditions of franchisees. Therefore, this study aims to propose appropriate and effective response plans toward recent changes in the Minimum Wage Act, while strengthening sustainability of franchisors, franchisees, and their employees. Conclusions: The proposal mainly contains plans regarding profit-related aids and profit sharing/cost reduction strategies for franchisees, as well as collective bargaining in the franchisor-franchisee relation. More detailed suggestions are included. Conclusions: This proposal may help franchisors and policymakers develop business plans and policies in improving business conditions of franchisees and working conditions of franchisee employees.

• Journal of the Korea Society of Computer and Information
• /
• v.26 no.11
• /
• pp.227-232
• /
• 2021

The 「Act on Special Cases concerning the Punishment of Crimes of Domestic Violence」 still has various problems in the legal system and enforcement process. Contrary to the original intention of the legislation, it is operated very passively in terms of state intervention and punishment of domestic violence actors in actual operation. Even if it is treated as a home protection case, if you look at the details of the protection disposition, there is a problem that the decision on the protection disposition is biased towards a specific type of protection disposition. In order to improve this, the need for cooperation and active intervention between state agencies is required. In addition, it is necessary to establish a legal basis for a request for personal protection by recognizing the status of a victim who reported domestic violence as a crime reporter. In addition, in order to secure the effectiveness of the protective disposition, it is necessary to strengthen sanctions for non-compliance or violations of the protective disposition.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.28 no.1D
• /
• pp.137-145
• /
• 2008

The CBDs of major cities in Korea have been deteriorating because of the hollowing-out phenomenon caused by decades-long urban sprawl. The weakening of CBD triggered various efforts to revitalize the area; and several cities have launched regeneration policies in recent years. The purpose of this study is to investigate key factors to revitalize CBD area with reference to various experiences of foreign and domestic countries. This study consists of follows. At first, it analyzes theoretic backgrounds of urban regeneration such as new urbanism; and implements case studies of England, USA, and Japan with respect to their relevant laws and policies. Second, it investigates domestic cases of so-called Newtown projects being implemented in Seoul and Dajeon. We focused on the analysis of strategies and characteristics of housing redevelopment as well as regional center revitalization projects happening in these cites. Lastly, we proposed future directions of urban regeneration in Korea based upon the comparative studies of various cases discussed in this study. The study concludes that diverse efforts in terms of project implementation, planning, and money raise are required for successful urban regeneration in Korea.