Legal Theory & Practice Review 2021 KCI Impact Factor : 0.87

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2022, Vol.10, No.1

  • 1.

    Paradigm Shift and Sustainable Education in the Age of Artificial Intelligence

    Jongho Kim | 2022, 10(1) | pp.9~53 | number of Cited : 0
    As the technology represented by artificial intelligence (AI) leads the 4th industrial revolution and they bring about changes in the industrial structure, it is predicted that employment and labor will also change significantly. With the rapid development of science and technology, more and more people are worried that computers can take away human jobs, and verification has been made. Even in the Industrial Revolution up to now, there have been many ‘disappearing jobs,’ but there are also ‘new jobs.’ However, the transformation brought about by the 4th industrial revolution is considered to be of a different quality from the past, which said that “people become unnecessary.” Therefore, this study conducted a review of the technology required in the AI ​​era, using prior research and insurance reports from various institutions as a clue. As a result, it turns out that in the AI ​​era, communication technology is the key to distinguishing what AI can do from what humans can do. After that, as one of the communication skills nurturing methods, the research was conducted focusing on the possibility of liberal arts (artes liberales). What education is really needed in the 21st century? With the advent of the AI ​​(Artificial Intelligence) era, the era has come when we have to rethink the essential attitude of education itself from the ground up. In the age of AI, the role of a teacher is limited only to the role of ‘teaching’, which is ‘teaching and nurturing’ as in the past. Currently, the ‘teaching’ part is starting to be replaced by technology such as online learning or AI, and the speed will further accelerate in the future. Now, the role of ‘coaching,’ which means ‘to draw out and increase,’ has become more important. Even if we focus on the company, it is extremely difficult to predict with certainty how the industrial structure will change as a result of the multiplication of this technology and society, which is a structural change with a large impact to be described as an ‘industrial revolution.’ In addition, Korea faces social problems such as aging and population decline. Indeed, it can be said to be the most advanced ‘task developed country’ in the world. With the market environment and industrial structure of 2030 unclear, what kind of countermeasures do you think and how should we open the world of ‘2030’? What can be suggested as a hint for a solution is the CSV (Creating Shared Value) of members of society. The importance of CSV in companies is increasing even more, and the evolution to CSV management is finally becoming one of the important management tasks. In the paradigm shift from the conventional ego-type system type, which is this model that pursues value creation for one’s own company in a self-conclusive type, to a future ecosystem that adds ‘representative power’ and ‘order-type power’ by CSV, Korean society and How much a company can respond will be the turning point for successful management in the SDGs era. Among them, I would like to suggest the ‘form’ of the ‘company to be chosen in the future’ suggested by the case study method based on educational experience in the Netherlands and the United States. I would like to describe 1. Introduction of part-time system (teachers and office workers), 2. Provision of a project-based learning implementation space, 3. A mindset of collaborating with various stakeholders, based on the above three factors, a new type of company that contributes to education in the AI ​​era.
  • 2.

    A study on the legal system analysis and regulatoy improvement of virtual asset business report - Focusing on act on reporting and using specified financial transaction information -

    HongJunHo | 2022, 10(1) | pp.55~75 | number of Cited : 0
    Despite South Korea’s relatively large market among virtual asset trading counties around the world, the virtual asset industry is still undergoing a transition period, due to the government’s passive position on preparing the underlying legal system. Despite the revision of the Specified Financial Information Act in March 2020, which contains information on virtual asset business report, until now, when it was implemented, most virtual asset operators were closed because they failed to meet the reporting requirment, and this can cause damages to investors using the service and monoplies in the virtural asset market of some large exchange. Therefore, government intervention is needed to secure predictability and legal stability. In this study, Legal issue related to the requirements for reporting virtual asset business operators were derived, the nature and requirement of reporting virtual asset business operators appropriateness of the timing of application and whether the financial institution’s issuance of real name verification accounts are unique or delegated by the Financial Information Analysis Institute were reviewed. In addition, As measures to improve regulations on reporting virtual asset business operators measures to protect investors and prevent monoploy in the market, introduce a provisional permission system to ensure legal stability, and establish the virtual asset business management committee (tentative name) under the Financial Services Commission or the president to provide official guideliness. And it is proposed to secure the predictability of virtual asset business operators and investors through the distribution of enforcement guidelines. Through this research, It is hoped that safe and transparent transaction guarantees and investor protection of virtual assets can be achieved only when legitimate and vaild regulations are made, not legal and unfair regulation on virtual asset operator.
  • 3.

    A study on the constitutional issues regarding public officail pension system - Focusing on the decisions of the Constitutional Court -

    Kim, Yoon Hong | 2022, 10(1) | pp.79~109 | number of Cited : 0
    The civil servant pension system in Korea was first implemented in 1960 among Korean pension systems. At that time, it started as a retirement guarantee that guarantees income after retirement as compensation for low remuneration. The civil servant pension system under the Civil Service Pension Act is also based on the Civil Service Act. Therefore, there were special restrictions that do not exist for ordinary workers under the Labor Standards Act, such as the provision of a reduction in pension benefits due to punishment or the suspension of pension payments when re-employment after retirement at an institution receiving the same occupational pension. These provisions were subject to the judgment of the Constitutional Court. As the pension system entered the maturity stage and the number of beneficiaries rapidly increased, the pension finance turned into a deficit, and securing financial soundness became an important and urgent task.To solve this problem, a total of four pension reforms were carried out, and in the process, various institutional and constitutional issues surfaced. The revision was mainly done in a way that changed the standards and contents of pension receipt and insurance premium payment. This has been changed in a direction that is unfavorable to pensioners and increases the burden on incumbent public officials. In addition, issues such as the principle of trust protection due to the retroactive application of the amended regulations, violation of property rights, and violation of various standards of equal rights have been the subject of several constitutional complaints. Despite several revisions, securing fiscal soundness is still insufficient, and the amount of national finance administered to cover the deficit every year is rapidly increasing. In addition, as public interest in equity with the National Pension system, which most of the people are enrolled in, is growing, it is expected that another revision or reform of the system itself will be discussed in the near future. In this regard, I would like to present the issues necessary for future revision by organizing and evaluating the debates on constitutional issues that have been raised due to the revision of the controversial regulations and systems regarding the provisions of the civil servant pension by type, focusing on the decisions of the Constitutional Court.
  • 4.

    Legal Study on the Separate Election of the Audit Committee Members in Joint-stock Company

    Shin,Jong-Seok | 2022, 10(1) | pp.111~134 | number of Cited : 0
    Since Asian Financial crisis in late 1997, changes and improvements in corporate governance have been required in terms of transparency in corporate management in Korea. The Audit Committee System was introduced in the revised Commercial Act 1999 to enhance transparency of enterprises, requiring to be installed if it is listed company with assets of more than 2 trillion won mandatorily. Audit Committee is a board of directors consisting of three or more directors, and the Audit Committee itself consists of directors related to major shareholders, making the selection of member audit committee a concern for Economic Democratization. The revised Commercial Act(effective from 2020.12.29.) requires listed companies with audit committees to appoint at least one director to act as an auditor at the general shareholders' meeting (clause 2 of Article 542-12). In the case of separate election of auditors, the voting rights of the largest shareholders, etc. were limited to 3% so that those representing by minority shareholders could become auditors. The purpose is enhancing a transparency of corporate governance by improving the decision-making structure of the Audit Committee. The separation election of audit committee members would be two-sided, so they have had difficulties on its enforcement. There was a strong backlash from the business community and some scholars, and there was a counterargument that it was an excessive regulation to each company, and that it would be a major obstacle to business operations as well. The separate election of auditors may help improve corporate transparency and Economic Democratization, but supplementary measures for legislation should be follow in consideration of the company's position. This paper would like to introduce opinions on legal issues such as the process of changing the audit system, the separation selection system for auditors, and the pros and cons of the separation election of auditors, and to suggest supplementary measures for amended Commercial Act of 2020.
  • 5.

    The Meaning of the Right to Learning in a Lifelong Learning Society

    HuNyun KIM | 2022, 10(1) | pp.135~149 | number of Cited : 0
    Even before the meaning of education was given in particular, mankind had survived and developed by acquiring the knowledge necessary for life and educating it in future generations. Education has been a challenge in our society as the concept of public education has been introduced for education, which was the desired private domain, exposing conflicts over rights and authority given among education parties. However, the social reality that is expected to change in the era of the 4th Industrial Revolution based on information and communication technology requires us to change our fundamental perception of the concept of education. Learning rather than institutional education has become emphasized throughout all life rather than school education. Until now, various studies on lifelong education have been conducted. However, research that analyzed the value and meaning of lifelong education by grasping the right to receive education as lifelong learning is still insufficient. The results of this study are expected to understand the right to lifelong learning as the basic right of the people, contribute to the implementation of a lifelong education system for education by life cycle, and to continue research for progress into a society for lifelong learning.
  • 6.

    Direction of revision of the Road Traffic Act according to the operation of self-driving cars in the current level 3 part - Refer to Japan's revised Road Traffic Act and Road Transport Vehicle Act in 2019 -

    Hong, Tae-Seok | 2022, 10(1) | pp.151~178 | number of Cited : 0
    Human transportation has entered a new phase with the advent of autonomous vehicles. While changes in driving means are expected due to the development and dissemination of autonomous vehicles, it is expected that level 3 autonomous vehicles will also cause traffic accidents due to overconfidence in the driver's system, etc. in light of accident cases of Level 2 vehicles abroad. do. Therefore, how to prevent such accidents, and on the other hand, what content should be regulated in the special law related to automobiles has been reviewed. There have been some revisions to our Road Traffic Act, and the revised law is scheduled to take effect on April 20, 2022. However, the revised Road Traffic Act did not actively respond to the operation of autonomous vehicles in the current level 3 stage. On the other hand, Japan has revised the relevant special law in 2019 and is actively responding to the operation of autonomous vehicles. Accordingly, the amended Japanese automobile-related special law was reviewed, and the implications for us were reviewed. What we need to review in the future through the reviewed special law in Japan were ① the concept and imposition of obligations on the driver, and ② clarification of the conditions for autonomous driving. First, in relation to the concept of a driver, our Road Traffic Act states, “It refers to the use of horses or streetcars according to their original usage.” In fact, we are not preparing for the era of autonomous vehicles. Accordingly, as in the case of Japan, it is necessary to consider the case of using an autonomous driving system as “including the case of using an automatic driving device” as driving. This is because, if it is included in the concept of driving, it is possible to impose a duty of care, which can be a basis for taking responsibility in case of an accident. The next step is to clarify the conditions for autonomous driving. Our regulation is “In response to the demand for direct driving of the autonomous driving system without delay… ”, it seems to mean that you have to drive yourself if the autonomous driving system requires it. In fact, this regulation means that the driver must intervene directly when the system requires it, so the timing of the driver's intervention is vague. Therefore, as in the case of Japan, it seems that the system should be operated so that the time when the autonomous driving mode can be directly intervened (or the time when the autonomous driving mode cannot be used) can be legally determined and operated. As such, by clarifying the timing of driver intervention (or clarification of autonomous driving conditions), it is thought that it will be very helpful in determining the scope of responsibility in case of an accident. As mentioned above, this paper has significance in reviewing the direction of the revision of the special law in Japan through the 2019 revision of the special law in Japan.
  • 7.

    A Review on the legal nature of Liability for Defect Security under Chinese Civil Law

    won, sang-chul | 2022, 10(1) | pp.179~203 | number of Cited : 0
    Unlike Korea's civil law, China Civil Code formed a Civil Law system under the Economic Contract Act (1981) and the Technology Contract Act (1987). After that, as the market economy evolved, the Economic Contract Act, which contained previous planned economic factors, was revised in 1993. These three major Contract Laws had many defects due to overlapping contents and gaps in regulations corresponding to mutual contradictions and general rules of contract due to differences in the time of enactment or subject to discipline. As the transition from the planned economy to the market economy progressed, the fundamental resolution of contradictions within the contract law became an urgent task, and a unified contract law aimed at integrating various contract laws was enacted in March 1999. Since then, China has integrated the contract law, which existed in the form of a law for each type of civil act, into the Civil Act and passed it on May 28, 2020, and has been in effect since January 1, 2021. Thus, China transformed all civil acts into a system that regulates one unified basic law, not several enforcement laws. These Chinese Civil Laws are regulations governing civil relations, and China's unique People's Republic of China Contract Law has been enacted and implemented under the influence of legislative systems of British-American and Continental Laws such as Germany. Chinese Civil Law referred to the system and court rules of German Civil Law and British-American Law, and implied the nature of internationalization, and contract management by administration, a socialist characteristic, was abolished and started as a completely modern law. In particular, Chapter 8 stipulates penalty liability in a total of 18 articles, and the fact that penalty liability is pointed out as an important issue under Chinese Civil Law not only introduces strict liability under German Risk Liability but also includes Liability for Defect Security. In that situation, China's Civil Law faces a new problem. Under Chinese Civil Law, Liability for defect security is being evaluated somewhat complicated. Some say that the Liability for defect security under Chinese Civil Law is a legal policy attributable to no-fault liability (strict liability), but some say that if the quality of the object traded under the contract does not conform to the agreement, the party should be liable for penalty. Article 612 and Article 614 of the same Act stipulate the liability for defect security of rights, and Article 615 and Article 617 of the same Act respectively, but it can be seen that there are differences in the legal effect. In other words, defects in rights are adopted by strict liability as a principle attributable to defects, and for defects in goods, the buyer may claim a claim for reduction, such as refusal to receive, cancellation of contracts, additional claims (repair, exchange, reissuance), return, and payment. In the end, Strict Liability and penalty Liability coexist the Liability for defect security.
  • 8.

    Re-examination of the limitation on the duration of the purpose trust and its basis

    Ji, Bong-Han , Kim, Sang-Jin | 2022, 10(1) | pp.206~248 | number of Cited : 0
    The purpose of this paper is to review the rationale for whether the duration of the purpose trust is limited to 20 years. Previous studies on purpose trusts Although it seems that there are a lot of studies focusing on the validity of purpose trusts and the mechanisms that make them possible, these issues are not addressed in this paper. This is to find the meaning of limiting the period of existence on the premise that certain reasonable demands in the purpose trust system are valid. In the order of the detailed review, first, we analyze how the regulation on the limitation of the duration of the purpose trust was formed through discussion with the Trust Law Section (hereinafter referred to as the Trust Law Section) of the Legislative Council (II). Contrary to the explanation of the planning officer above, it seems that the restriction was influenced by the concern that the property prohibited for seizure is being created by the purpose trust. Therefore, we examine the significance of the concern about the creation of property prohibited from seizure and whether it can be resolved by the limitation of its duration (III). We check how the issue of the duration of the purpose trust is being discussed in the United States and the United Kingdom as well as the old law in Japan (IV). Attempts to reexamine (V). It can be evaluated that it is reasonable to set an upper limit on the duration of the purpose trust, but it is difficult to rationally explain the difference in the period for the successor bequest type and continuous beneficiary type trust with the numerical content of 20 years. . Even if such a conclusion is obtained, the upper limit of the duration of the purpose trust under the current law can be interpreted and extended. may consider the above conclusion. In addition, although this paper presupposes the existence of a reasonable request for a purpose trust, if such a request actually exists and the current period of 20 years is insufficient for its realization, there is room for extension of the duration by law amendment. it seems It would be nice to be able to provide a basis for such a future review.
  • 9.

    A Study on the Scope of Investigation by Autonomous Police. - domestic violence, school violence, sexual violence, and missing investigation -

    Lee Beom-O | 2022, 10(1) | pp.251~273 | number of Cited : 0
    So far, the National Investigation Police has been in charge of criminal investigations, including sexual violence, domestic violence and school violence. If you look at the uniform police model that is currently being pursued, there is a high possibility of confusion in work at front-line security sites, especially in the field of criminal investigation. The above criminal investigation is expected to be transferred to the autonomous police, so laws and regulations must be prepared, and specific measures are also needed for the position and the scope of work and the expected personnel to be transferred. In the early stages of implementation, systematic education is needed so that self-governing investigation police do not interfere with these criminal investigation tasks. Equalization with general administrative officials should be achieved through the adjustment of ranks. Also incentives should be given to ensure the influx of competent police investigators. And it seems necessary to establish a task coordination consultative body involving working-level officials. In addition, the government should use big data such as results of 112 reports to designate specific scope of work and ensure that opinions of working-level officials such as the president are reflected in the enactment of subordinate statutes. As a response to each crimes, for domestic violence we could utilize programs currently operated by each local government, and for school violence we could provide personnel incentives to ensure the influx of existing school police officers. Also we could react to other crimes through business agreements such as preparation of each municipal and provincial education office, police, and schools, and consider introducing a detective system for missing investigations. In addition, by separating the administrative and judicial police, the administrative police can focus on their duties as preventive police officers, such as protecting and supporting victims of crimes, while the autonomous police should be distributed by tasks to enable them as supplementary police activities, and measures should be taken to reduce confusion in their duties through close cooperation between the national police and the local police.
  • 10.

    A policy framework for limiting liability for cases of facial recognition application in the disappearance investigation of law enforcement

    Lee Keon Su | 2022, 10(1) | pp.275~312 | number of Cited : 0
    Recently, face authentication technology has been introduced for all life scenes. Face authentication is a type of biometric authentication that verifies the identity of the person based on the location and size of the eyes, nose, and mouth. The image of the person stored in the database and the face image of the subject photographed by the camera are collated and authenticated. It is characterized by being able to quickly perform non-contact identity verification. For example, in China, digitalization is progressing rapidly, and face authentication technology is being used to respond to the new coronavirus. In places where many people gather, CCTV or temperature sensors detect people with high body temperatures, and face recognition systems identify people. The results are notified to the local authorities, and measures are being taken to test specific people for the new coronavirus. In addition, in Japan, taking advantage of the characteristic of "smoothly identifying individuals", face authentication is widely used in boarding and admission procedures at airports, commercial facilities, amusement parks, and large-scale events, in payment at retail stores, and in the entry/exit management system at offices. On the other hand, because it is natural, there are cases where our faces are being used for crime prevention and marketing purposes, such as street surveillance cameras, without even being aware of it. In this study, after introducing the benefits and system of face authentication, we would like to mention the potential risks of the face authentication system and countermeasures that policy makers, business operators, investigative agencies, and judges should take note of. The biggest advantage of face authentication is that it can be authenticated even if it is not a short distance away, so it can be authenticated even with a large number of people and under a wide range of conditions. Face authentication can obtain two types of information. The first is information unique to an individual that proves that it is the person in the form of eyes, nose, or mouth on the face. The second is information on thinking and thinking based on facial expressions and gestures. Emotions are read from facial expressions and used for marketing and customer satisfaction improvement purposes. Even the seemingly universal face recognition technology has its risks. The first is that there are cases where the level of the facial recognition technology itself is low. It is good if all face authentication is high-performance like the NEC system, but the more you try to increase the level, the higher the introduction cost. Therefore, depending on the introducing company, the accuracy or security is lowered and face authentication technology is introduced, so there is a high probability of misunderstanding in identity verification. Second, if the authentication conditions are not met, the accuracy is lowered. Third, facial data has a greater impact when leaked compared to other data. General driver's license number, ID number, personal number, and various passwords used for financial and electronic transactions can be changed after being leaked, but the face cannot be easily changed. Various risks must be considered when reviewing the practical application of face authentication technology.