Legal Theory & Practice Review 2021 KCI Impact Factor : 0.87

Korean | English

pISSN : 2288-1840
Aims & Scope
      In order to respond to complex legal disputes caused by social development, the The Korea Society for Legal Theory and Practice Inc. publishes the journal “LEGAL THEORY & PRACTICE REVIEW” (hereinafter “Journal”). The journal selects and publishes research papers that help legal professionals with expertise in related fields not only academically but also practically to solve problems efficiently with sound professional ethics. The journal is responding to the various expectations and requests of the public by selecting specific research tasks related to legal practice as well as legal theory and presenting alternatives. Accordingly, the journal studies legal education, the paralegal system, and judicial administration, and presents alternatives through joint academic conferences and research with related institutions in practice. The journal aims to contribute to the establishment of legislative and judicial policies of legal institutions, and responds to the expectations and requests of various legal services from the public. Therefore, compared with other general law journals, the papers contained in this journal can be said to have high professionalism and academic value, and its quality does not degrade even when compared to international journals.
Kim, Jong-Ho

(Department of Law and Police Administration, Hoseo University)

Citation Index
  • KCI IF(2yr) : 0.87
  • KCI IF(5yr) : 0.76
  • Centrality Index(3yr) : 0.779
  • Immediacy Index : 0.5

Current Issue : 2022, Vol.10, No.2

  • A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -

    Kang, Gibong | 2022, 10(2) | pp.9~44 | number of Cited : 0
    Text and data mining can derive meaningful results by analyzing data, but there are problems with copyright infringement and the circumvention of technical protection measures because the materials that must be used in the process include copyrighted works. Accordingly, in the U.S. rulemaking results for October 2021, an exception was newly added for “text and data mining for academic research and education.” Also, in Korea, a related provision is included in All amendments to the Copyright Act proposed by National Assembly member Do Jong-hwan in 2021 and is pending in the National Assembly. The U.S. provisions to allow the circumvention of technical protection measures are defined in a narrow scope by significantly restricting the subject or substantive scope by referring to European and other legislative examples. On the other hand, the restriction on author's copyright in the revised bill in Korea is stipulated in a fairly wide range as in Japan. Since technical protection measures are intended to effectively protect copyrights for digitized materials, the interests of users of works and copyright holders may be in sharp conflict. However, it is highly effective in the public interest to circumvent technical protection measures applied to literary works and visual works for academic research or education under certain conditions. Nevertheless, even if the copyright is restricted, the essential rights of copyright holders should not be infringed. While there are no explicit provisions or related precedents in the U.S. rulemaking process, various opinions, overseas legislative cases, and the impact on the relevant market along with the application of Article 107 of the Copyright Act were considered. So, the permissible scope of the regulation by the U.S. rulemaking is limited. Therefore, rather than accepting the U.S. exception as it is, an appropriate exception should be prepared in consideration of the legislative provision and the current situation of our industry.
  • A Study on Establishing Metaverse Welfare Platform In Response to the COVID-19 Pandemic –focusing on Creating Intellectual Property Rights-

    Hwang Jung Hoon | 2022, 10(2) | pp.45~84 | number of Cited : 0
    Abstract PDF
    As social distancing is strengthened due to the COVID-19 pandemic, it is necessary to consider establishing a non-face-to-face Metaverse Welfare Platform in earnest. Equity issues have also been raised in addition to the efficiency of disaster support payments by deepening income imbalances due to the prolonged COVID-19 pandemic and limiting the 5th disaster support payment to the bottom 80% of health insurance premiums. Regarding the economic crisis caused by the prolonged COVID-19 pandemic, emergency disaster support funds are only a stopgap measure in response to the economic recession caused by COVID-19, and in the long run, productive welfare policies are the only countermeasures to guarantee the minimum livelihood of the socially vulnerable. In order to achieve the social goal of quarantine in relation to COVID-19 Pandemic, a Pandemic Clinic. As a way to solve these problems, it is necessary to find a way to resolve relative poverty that considers the diversity of values pursued by members of society in the public service sector such as medical, education, childcare, and public rental housing. Copyright, trademark rights, design rights, and property rights of items may be problematic in relation to the Metaverse welfare platform. In relation to the increase in social influence due to the activation of metaverse, the Metaverse Industry Promotion Act proposed from an institutional perspective was reviewed. The Metaverse Welfare Platform aims to connect and share institutions and individuals by discovering, accumulating information, knowledge, and resources related to social welfare, connecting social members, and spreading shared value through it.
  • The scope and expansion of nurse’s work in the United States and its implications

    Song, Myeong-Hwan | 2022, 10(2) | pp.87~120 | number of Cited : 0
    In Korea, even the enactment law on nursing has not yet been enacted, but it is simply surprising that the field of nursing work is expanding in advanced countries. This paper describes the structure of nurses in the United States and the expansion of their work. There is a big difference between the US and Korea in terms of insurance system, medical treatment fee system, number of medical workers, doctor's income, nationality, etc. Therefore, it is impossible for the US nursing system to be introduced into Korea as it is. In any case, it is meaningful to consider the current state of the nursing profession in the United States. As if reflecting the pluralism of American society, a wide and thick system of nursing professions has been established to provide medical services in various types of American society. In particular, nurses with advanced qualifications called Advanced Practice Registered Nurses are active. In the first half of this article, an overview of the nursing profession in the United States is presented with a focus on Registered Nurses. And in the second half, we discuss the central theme of this time, the issue of business expansion. Here, recent trends such as COVID-19, which have greatly helped expand the work of not only nursing, but also medical professions other than doctors, and the recommendations of the Federal Trade Commission are also mentioned. Finally, I will present implications for Korea.