Korean | English

pISSN : 1225-3405 / eISSN : 2713-5470

2020 KCI Impact Factor : 0.89
Aims & Scope
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『東亞法學』 is an academic journal published by Dong-A University Law Research Institute. 『東亞法學』 was selected as a nominee for registration on November 28, 2007, and after that, starting with the first PASS decision in the continuing evaluation of candidates for registration on December 25, 2009, it was promoted to a registered academic journal on December 28, 2010. As a result of maintaining the registered academic journals from the continuing evaluation of the registered sites in fiscal year, it took a step further as a professional law journal both in name and in reality. 『東亞法學』 has been published three times a year since 2008, and has been published four times a year since the second half of 2009, and has been published four times a year in earnest since 2010, and has been published four times a year (February 28, 2009). May 31st, August 31st, and November 30th), the academic and practical concerns of each department of law, opinions for improvement, and achievements were achieved. If you look at the thesis of legal scholars, focusing on the papers published in the journal 『東亞法學』, you can roughly divide them into papers that analyze and criticize law and law, and papers that deal with a specific subject in a comparative way. They elaborately analyze the laws of the East and the West and try to find implications for modern society.
Editor-in-Chief
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Kim yong-eui

(Dong-A school of law)

Citation Index
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  • KCI IF(2yr) : 0.89
  • KCI IF(5yr) : 0.71
  • Centrality Index(3yr) : 0.949
  • Immediacy Index : 0.1

Current Issue : 2020, Vol., No.89

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  • A Study on the provisional remedies in the Constitutional Court

    Kim, Hyun Jai | 2020, (89) | pp.1~31 | number of Cited : 0
    Abstract
    The petitioner needs an injunction to secure the effectiveness of the original trial and to save the rights in a provisional manner, but the Constitutional Court is silent on other unconstitutional legal trials, impeachment trials, and Constitutional Court rulings over the explicit provisions of provisional disposition only in the judgment of dissolution of political parties and power disputes. However, the injunction is also allowed in other judging procedures. Decision orders vary in order to achieve the purpose of provisional disposition. It is possible to have an injunction to suspend the validity of a problematic disposition, an injunction to seek the suspension of execution or procedures, and an active injunction to determine the temporary status, such as ordering the disposition of non-action or rejection. An independent injunction can be filed before the trial continues, and the Constitutional Court can reject or dismiss the request, but cannot make a quotation decision. In addition, an injunction by the Constitutional Court's authority is useful in the condition that the original bill continues. An immediate appeal against the injunction is not allowed under the single-judge Constitutional Court, but the petitioner's objection to the injunction is allowed in terms of guaranteeing the parties' participation in the process and the cancellation of the injunction is also possible if there is a change in the circumstances, such as the termination of the grounds for the injunction.
  • Review on the limitation of the effective scope of land ownership for the use of underground space

    HAN TAE IL | 2020, (89) | pp.31~60 | number of Cited : 0
    Abstract
    As a part of three-dimensional land use to solve the land shortage in large cities, public projects to construct above-ground or underground structures using sectional superficies are in progress. However, still there is the difficulties to acquire the right of using lands. To resolve this, in light of Article 212 of the Civil Act, which limits the effect of land ownership within the scope of legitimate interests, it was reviewed whether it is possible to limit the scope of effect of land ownership collectively for public project. Thus, for underground spaces below a certain depth or air spaces above a certain height, overseas cases that denied the effect of land ownership were examined. As a result, it is thought that the method of making an underground space below the so-called limit depth as public owned land is the most suitable for our situation. To this end, it is desirable to amend the current civil law Article 212 of the'range of legitimate interests' to'the range determined by the law and enforcement decree'. And under the special law, it would be desirable to clarify that the scope of effect of land ownership is limited by the marginal depth, and to establish specific criteria for the marginal depth under the enforcement decree of the same Act.
  • Police Utilizing Artificial Intelligence Robots

    Sun Jong Soo | 2020, (89) | pp.62~87 | number of Cited : 0
    Abstract PDF
    The most frequently mentioned word is the 4th Industrial Revolution, and the interest in artificial intelligence is especially hot. Artificial intelligence is often divided into weak and strong artificial intelligence. At the core of this distinction is the autonomy that recognizes, identifies and operates the concept elements of artificial intelligence. The development of science and technology is emerging faster than we can imagine. These advanced technologies are also used in the area of ​​police activity and will be used in various forms in the future. In particular, the emergence of robots equipped with artificial intelligence in police activities will serve as a facilitator of paradigm change. However, the development of science and technology has positive aspects such as giving abundance and convenience to our lives, but it is like a double-edged sword where negative aspects coexist at the same time, such as harming us through misuse or malfunction of technology. The science and technology in which positive and negative coexist will develop more than the present, and will affect society as a whole. As a result, it is important to find a way to remove the problem with proactive measures before it becomes a social problem. The police exist to maintain the well-being and order of the people, and accordingly, they play a role in various fields. In particular, they can be seen as acting mainly on the big axis of crime prevention and crime investigation. According to the social change, there are various devices that can be used in the case of the police, and the development of more advanced devices will help police activities in the future. So far, the robot police have remained at a level equipped with functions as a software device, and its role is not only limited, but also considered to be for display effects. However, in the future, it is judged that the application of artificial intelligence robots in the police area will be realized. Therefore, the discussion on the scope of utilization should start from now on, and alternatives to various problems that may arise from this should also be presented.
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