• Title/Summary/Keyword: the Sociology of Law

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North Korean Defector's living in New Malden as third countries

  • Kang, Ji Hye
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.9
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    • pp.133-141
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    • 2018
  • In Europe side, Most of North Korean refugee lives in New Malden, Kingstone resident with South Korean and international student near London, United Kingdom (UK).The reason why dispersed around in Europe is can be issue in societies with secure problem and temporary protection status have to be accept for change the concept in international law and refugee law. their ethnicity is organized by North Korean defectors, South Korean, Korean-Chinese in the area of New Malden and Kingstone.it means small unification is going to foundation on abroad. also their solidarity of diasporic integration development would ahead. and have to organise of Coexistence between U.K and thier ethnicity. for Humanitarian way for vulnerable. But Europe is not the most welcoming place for North Koreans at the moment. The European Alliance for Human Rights in North Korea, an advocacy group, reported in 2015 that many European countries had rejected the vast majority of North Korean asylum cases. Partly this is to do with how governments view North Korean defectors: the UK "considers North Koreans as South Korean citizens, thus excluding them from refugee status".

A study on the regulation of the similar transmission service of digital music (디지털 음원 유사전송 서비스의 규제 방안 연구)

  • Yu, Seung-Jun;Lee, Hwan-soo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.4
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    • pp.151-160
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    • 2018
  • The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

Sex Trade and Sexually Transmitted Disease Control Policies in Korea: Comparison to the Case of Thailand (태국 사례와의 비교를 통한 한국의 성매매와 성병관리 정책)

  • Lee, Jungwhan;Lee, Sungyong;Kim, Seokho
    • International Area Studies Review
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    • v.14 no.2
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    • pp.275-296
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    • 2010
  • This study aims to identify effective ways to prevent sexually transmitted diseases among sex workers as well as the general public in Korea by examining the case of Thailand, regarded as a model internationally in reducing prevalence rate of sexually transmitted diseases, under the circumstances in which the implementation of the new anti-sex-trade law causes confusion over the existing sexually transmitted disease control program. For the purpose, the study firstly assesses the anti-sex-trade law which has engendered recent debates over the relationship between sex trade and sexually transmitted diseases, and reviews a change of the sexually transmitted disease control system made by the anti-sex-trade law. The Thai case is explored with some special emphasis on relationship between socio-cultural, political and economic factors and sexually transmitted disease control policies. Comparing to the Thai case, the study proposes some suggestions to make the existing sexually transmitted disease control program more effective under the new anti-sex-trade law.

Understanding Medicine as a Multi-dimensional Concept in the Legal Context (의료 개념의 다층적 이해와 법)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.75-112
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    • 2010
  • This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

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Marriage Migrants' representation in Korean Cinema

  • de Dios, Ines Miranda
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.11
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    • pp.31-40
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    • 2018
  • This paper studies how marriage migrants are being depicted in Korean Cinema. In the recent years, the foreign population in South Korea has been increasing and so has done the presence of migrant minorities in media, including cinema. This study discusses that korean cinema shows dominant ideologies of power in Korean society where marriage migrants are located at the bottom. Five films were analyzed and from this analysis five frames were extracted. Marriage migrants are frequently depicted as subordinated or powerless, they are usually women in the role of wives, mothers, and daughters-in-law, they are treated as ethnic others, sexualized others or commodities. Consequently, their relationships with Korean nationals are formed by power relations. Moreover, Korean national who do establish some sort of intimate relationship with the marriage migrants are represented as people in the margins of Korean society. In this way, it is reinforced the social position of marriage migrants as outsiders in the Korean society.

A Comparative Analysis of Domestic and Foreign Cloud Service Agreements (국내외 클라우드 서비스 이용약관 비교 분석 연구)

  • Song, Jiwon;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.8
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    • pp.499-509
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    • 2016
  • The MSIP has implemented "Act on The Development of Cloud Computing and Protection of Its Users" from September 2015 and invigorated the cloud service industry. The act mainly includes the improvement cloud computing reliability and user protection for the development foundation and use activation. In order to expand the cloud market, it is important to increase the reliability of individual users. However, practical discussions and approach for cloud services adoption are still limited. In fact, there is no agreement standard for domestic cloud services. As a user agreement is not standardized, users feel difficulty compare to each agreement of cloud service provider and may be damaged because of unfair terms. Thus, it is necessary to examine the unfairness of cloud service agreement for user protection. This study analyzes domestic and foreign cloud service agreements including Practical Guide to Cloud Service Agreement of Cloud Standards Customer Council and suggests the direction of the standard agreement of cloud services.

Data Privacy Law and International Human Rights Regime: An Event History Analysis on the Diffusion of Data Privacy Law(1960~2011) (정보보호법의 전 세계적인 확산에 관한 연구: 국제인권레짐 효과를 중심으로)

  • Yoo, Eunhye
    • 한국사회정책
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    • v.20 no.3
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    • pp.117-140
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    • 2013
  • This research focuses on the effects of international and national factors on the legislation of data privacy law in 117 countries from 1960 to 2011. Previous research on data privacy law usually put its emphasis on the contents of data privacy law, legal interpretation of data privacy law or legal cases; yet it lacks academic approaches from human rights perspectives. This paper points out the diffusion of data privacy law in nation states and analyzes the effects of national international factors affecting the legislation of data privacy law using an event history analysis. It turns out that the increasing number of internet users and international human rights regime are positively associated with the likelihood of having data privacy law. Contrary to our hypotheses, FDI, internal human rights practices, and the level of high technology do not show any effects on the likelihood of having a data privacy law.

Judgement of Violation of the Protection Duty of Internet Service Provider (인터넷 서비스 제공자의 보호조치 의무 위반의 판단)

  • Kang, Juyoung;Kim, Hyunji;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.17-26
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    • 2016
  • Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.

A Study on the Improvement of Patent Agent's Role in Patent Infringement Litigation (특허침해소송에서 변리사의 역할 개선 방안에 대한 연구)

  • Cho, Myunggeun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.4
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    • pp.35-44
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    • 2018
  • Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

Technology valuation utilizing crowd sourcing approach (크라우드 소싱 접근법을 활용한 기술가치 평가)

  • Choi, Jieun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.6
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    • pp.403-412
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    • 2016
  • As transaction and investment using technology are vitalized, the need for objective standards for the technology is increasing. Current technology value evaluation system is limited lacking reliability and objectivity. Besides the traditional evaluation methodology which are market approach, income approach and cost approach other diverse evaluation methodology such as real option method and royalty calculation method are being studied; however currently there are no dominant evaluation methodology in the market. Same value evaluation system cannot be applied between similar technologies because value of technology is relatively decided based on the target. Approaching through collective intelligence and crowd sourcing, in meaning of majority participant's decision can make objective and better result than handful of experts, suggest alternative to problems of such matter above. By grafting the four types of crowd sourcing model which are Wisdom, Voting, Funding and Creation, this paper will discuss the ways to enhance the objectivity of technology evaluation through direct evaluation utilizing expert group and the public's indirect evaluation.