• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

• Journal of Information Technology Services
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• v.12 no.3
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• pp.179-193
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• 2013

E-Government refers to government to use ICT (information and communications technology) to work more effectively, share information and deliver better services to the public. With ICT, e-Government has increased transparency of governments. However even there has been much trial for transparency, corruption has been growing with the form of e-corruption. While external threats such as hackers and viruses can have serious consequences, currently most crime involving emerging technology is carried out by insiders i.e. employees in the e-government. Among the many tools being developed to fight e-corruption, there has been much focus lately on internal control system. So, South Korea developed and test-operated "Barum e-system" for internal control last year. This research establishes legal basis, information system link and privacy policy for settlement of this information system through legal review.

• Ocean and Polar Research
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• v.25 no.4
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• pp.545-555
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• 2003

It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.

• Journal of Korean Library and Information Science Society
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• v.55 no.1
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• pp.145-172
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• 2024

The research aims to propose improvement to legal theses deposit system in S. Korea by conducting comparative analysis of legal theses deposit systems in eight other countries including the US, the UK, Canada, Australia, France, Taiwan, Japan and S. Korea. The research used documentary research method including literature review by collecting and analyzing the legal regulations, ordinances, practical processes, and guidelines related to thesis submissions at national libraries and academic institutional depositories, as well as practical cases of thesis submissions at major universities in each country. Based on the analysis results, the key issues are identified and discussed, and corresponding suggestions for solving the issues are presented. For the improvement of the legal theses deposits systems, the research recommends legal amendments to the Library Law and Higher Education Law. On the practical side, the research proposes strengthening the legal foundation for KERIS, in collecting and providing theses, improving the operation of the dCollection system, and proposing a submission method focused on electronic theses.

• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.89-94
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• 2016

This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.185-212
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• 2013

In this paper, a conceptual model of legal culture based on Ehrlich's "living law" theory and Cole's social-cultural explanation can explain the low utilization rates of arbitration of Japan and the high utilization rates of arbitration in the United States, simultaneously. This model highlights the clash between social norms and legal provisions in Japan. Japan has developed a two-tiered system of dispute resolution. At the official level, Japanese people accept the legal system imposed by the outside world. But, at a deeper level, they utilize diverse forms of informal dispute resolution mechanisms, such as reconcilement and conciliation, reflecting their own social norms. In contrast, there is no conflict between social norms and legal provisions in United States. This study may show that there are distinctions between American-style arbitration and Japanese-style arbitration, reflecting their own respective social norms. The question of reconciliation between the American style of arbitration and the Japanese style of arbitration can be resolved by an international arbitrator.

• Journal of the Korea Institute of Building Construction
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• v.10 no.6
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• pp.77-85
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• 2010

Recently, with development of core technology for supertall building construction projects, the need for an improvement of the related legal system is increasing dramatically. Therefore, the supertall Buildings R&DB Center, which is funded by the Ministry of Land, Transport and Maritime affairs (MLTM), is studying the legal system for supertall buildings. This research, as one part of the 1st year research results, aimed at studying supertall building project related issues and problems to develop supertall building elements, and conducting an importance-performance analysis (IPA) of these elements in order to conclude a strategy and direction for an improvement of the related legal system. A total of 68 supertall building elements were derived, and the IPA method was used to analyze these elements based on attribute types. Furthermore, an improvement strategy and directions were suggested for upgrading the legal system related to supertall buildings to the level of global standards. These efforts can be the base for advancing the legal systems of the domestic construction industry in all areas, including supertall building construction.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.7
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• pp.875-888
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• 2018

The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

• Journal of the Korea Society of Computer and Information
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• v.23 no.7
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• pp.105-111
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• 2018

Last March, the world Go competition between AlphaGo, AI Go program developed by Google Deep Mind and professional Go player Lee Sedol has shown us that the 4th industrial revolution using AI has come close. Especially, there ar many system combined with AI hae been developing including program for researching legal information, system for expecting jurisdiction, and processing big data, there is saying that even AI legal person is ready for its appearance. As legal field is mostly based on text-based document, such characteristic makes it easier to adopt artificial intelligence technology. When a legal person receives a case, the first thing to do is searching for legal information and judical precedent, which is the one of the strength of AI. It is very difficult for a human being to utilize a flow of legal knowledge and figures by analyzing them but for AI, this is nothing but a simple job. The ability of AI searching for regulation, precedent, and literature related to legal issue is way over our expectation. AI is evaluated to be able to review 1 billion pages of legal document per second and many people agree that lot of legal job will be replaced by AI. Along with development of AI service, legal service is becoming more advanced and if it devotes to ethical solving of legal issues, which is the final goal, not only the legal field but also it will help to gain nation's trust. If nations start to trust the legal service, it would never be completely replaced by AI. What is more, if it keeps offering advanced, ethical, and quick legal service, value of law devoting to the society will increase and finally, will make contribution to the nation. In this time where we have to compete with AI, we should try hard to increase value of traditional legal service provided by human. In the future, priority of good legal person will be his/her ability to use AI. The only field left to human will be understanding and recovering emotion of human caused by legal problem, which cannot be done by AI's controlling function. Then, what would be the attitude of legal people in this period? It would be to learn the new technology and applying in the field rather than going against it, this will be the way to survive in this new AI period.

• Journal of Digital Convergence
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• v.17 no.8
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• pp.47-60
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• 2019

The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.