• Title/Summary/Keyword: 주요쟁점

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Discriminatory Financial Measures on Non-Cooperative Jurisdictions and their Compatibility with the WTO GATS: Focus on the Appellate Body Report on Argentina-Financial Services (조세투명성에 협력하지 않는 국가에 대한 차별적 금융조치의 WTO GATS 합치성 - Argentina-Financial Services 상소기구보고서에 대한 분석을 중심으로 -)

  • Yoo, Hee Jin
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.95-124
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    • 2017
  • The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

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Bringing the Multiscalar Approach into Feminist Spatial Studies: On the Study of Women's Movement (페미니스트 공간연구에 다중스케일적 접근 접목하기: 여성운동연구를 중심으로)

  • Hwang, Jin-Tae;Jung, Hyunjoo
    • Journal of the Korean Geographical Society
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    • v.50 no.1
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    • pp.123-139
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    • 2015
  • This paper attempts to complement the methodological and conceptual lack of spatial thinking in Korean women's movement research and to facilitate further discussion on this field of research, by drawing on recent academic discussion on scale developed particularly among the Western critical and feminist geographers. The purposes of the paper are following. First, it addresses the need to utilize the concept of scale in women's movement research. Numerous spatial metaphors often proliferated with indiscretion in the feminist approach have rather tended to hinder fully understanding the spatiality of social movements. In order to examine the spatiality of social movements as both conceptual tool and praxis, not merely as metaphor, the paper incorporates main issues in recent scale discourses with particular attention to the debate between Marston and Brenner, and explores their implications for women's movement research in Korea. Second, it emphasizes the multi-scalar approach by highlighting the role of micro-scale, the less studied side in social movement literature. The public and the private divide, the long time battle ground in feminist research, is often intermingled with the hierarchical scalar understanding which considers the global as more powerful and important than the local. The reproductive realm, however, is indispensably related to production and political economic realm. The paper explores the very site where both the public/private divide and the hierarchical scalar understanding can be dismantled. It is the site where the private becomes public and the local becomes the global (and vice versa). Drawing on a brief example of an anti-FTA movement of women with strollers in Korea, it examines the way the multi-scalar approach advances the understanding of Korean women's movement.

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On Plans to Improve and activate the Qualification System of Theatrical Art Technicians (무대예술전문인 자격제도의 개선 및 활성화 방안)

  • An, Kyong-Sok;Gu, Seung-Hwan;Yoo, Jun-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.5
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    • pp.163-174
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    • 2012
  • This study was conducted to seek improvements by correcting problems of the qualification system of theatrical art technicians, which has a relatively weak foundation, compared to other national industrial qualifications. Through the previous researches, this study attempted to seek main issues and development plans in the field of theatrical art technology, while carrying out in-depth interviews for theatrical art technicians. With the results of this study, problems of the existing system can be largely divided into two kinds. Firstly, the existing system is mostly focused on performance places, especially large-sized public performance halls. Secondly, as a problem in terms of management, the existing system has non-professional management subjects and non-convenience regarding the number of qualification tests and places only in Seoul and once a year. This study grasped problems based on practical demands of the related industry through in-depth interviews with experts, thus seeking proper solutions. What matters most is that the present system should be converted from performance place-centered management to performance-centered management. In other words, by expanding qualification-acquired experts into all the performances, the system should practically contribute to improving the quality of performances and expanding the treatment of experts, which is the fundamental purpose of this system. Moreover, it is needed to seek a plan to expand the convenience of applicants for the procedures and methods of acquiring qualifications.

A study on the Private Investigator usage for Cyber Crime (사이버범죄의 효과적인 대응을 위한 민간조사제도의 도입방안)

  • Shin, Hyun-Joo
    • Korean Security Journal
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    • no.46
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    • pp.63-86
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    • 2016
  • The object of this study is to propose a study on the Private Investigator usage for Cyber Crime. The latest trend of cyber crime is being evolve in sophisticated and complex way over the global, like internet fraud, cyber gambling, hacking and etc. Hence national investigative authority mobilize high specialized skills and method of criminal investigation by each nation. But it is hard to respond in rapid and effective way because of propoor, distribution of group and insufficient of related legal system. Already in other countries, not considerable amount of services are given to private investigators in detection and tracking part which is inefficient by nation. So it has significantly meaningful to compensate the defect and study about private investigator usage as companion of cooperation policing for effectively respond to cyber-crime. The way to effectively deal with the cyber-crime is reevaluate meaning of partnership policing and need of private investigator usage. Also it is to analyze the main issue about introduction of a system and suggest the effective way of introduction. First, legislation of private investigator usage which is based upon partnership policing should be made up. Moreover, to establish the range of private investigator's business and enhance the reliability, it is to propose introduction of leading professional global certificate and license system with sufficient education and test. We are expecting introduction of private investigator usage can improve efficiency of investigation and promote effective countermeasures of cyber-crime.

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Environmental Controversy and the Role of Science - The Case of Saemangeum Reclamation Project in Korea (새만금 논쟁과 과학기술의 역할)

  • Cho Hong-Sup
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.1-30
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    • 2004
  • In this paper, I have attempted to show how the environmental controversy surrounding the Saemangeurn Reclamation Project in Korea has been framed as narrow scientific debates. First of all, science, or specifically the Expert Review Pane, has played dual roles in the controversy. On the one hand, it has contributed to illuminating the future environmental impacts of reclamation, by so doing, to providing a momentum to reconsider the project. This has significant meaning that environmental concerns successfully checked the symbolic national project of developmental era through adopting a joint-investigation scheme that guaranteed participation of environmental groups on an equal footing with the government. On the other hand, by limiting the scope and participants of discussion, it fundamentally blocked the possibilities of public debates and deliberative decision-making with full considerations of the political, social, and cultural aspects of the controversy. I have shown that this is due to the realist belief shared by both the developers and the environmentalists in Korea that 'proper' science would disclose the truth. Environmental groups, in particular, were naive in evaluating the role of scientific expertise in the controversy and neglected the political role of the Expert Review Pane as a ritual. In opposition to the realist argument, I have shown through the analysis of the water quality debates concerning the future fresh water lakes that scientific 'facts' were not discovered but constructed through complex negotiations, conflicts, and compromises among related actors. The framing of the controversy as an experts' debate has resulted in the exclusion of an important actor from the discussion. Little attention has been paid throughout the controversy to the very people who have lived in the Saemangeum area for generations and will lose their livelihood all together soon. About 20,000 fishermen are living on the Saemangeum tidal flats.

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Progress and Prospect of Research on Old Maps in Korea (우리나라 고지도의 연구 동향과 과제)

  • Kim, Ki-Hyuk
    • Journal of the Korean association of regional geographers
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    • v.13 no.3
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    • pp.301-320
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    • 2007
  • In Korean academic societies, old maps has not yet been properly investigated in terms of their genealogy, classification, detailed place names, historical backgrounds and the other aspects. With publication of the bibliographies and papers on old maps reserved in museum and library, the scope of research enlarged gradually its scope from 1970s. In 1980s, with the development of theoretical geography, scientific analysis were applied to investigate the projection method of Daedongyeo-jido. The 1990s proved a prominent decade for researches. The photo-copies of old maps enabled researchers to investigate the in-depth comparative study. The more important thing is that old maps became to be powerful instrument in the research of historical geography, such as territorial disputes and marine name(東海). And county old maps compiled by region became to be regional-cultural contents of local areas. Important issues in old map research in Korean academic societies are about Cheonha-do which is unique old world map in Korea, grid-system projection in old county maps and the genealogy of Daedongyeo-jido(manuscript and block print edition). This study shows that bibliography of all old maps preserved in each library and museum should be standardized. This could enable the exchange of information of old maps between institutes. The more important thing is that conciliation of human, social and natural sciences should be applied in the research of old maps.

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A Study on the Protection for Original Technology and Improved Patent when Research Institutes or Universities Transfer their Research Outputs (출연연 및 대학에서 연구성과물의 기술이전 시 개량특허와 원천기술의 보호에 관한 검토 : H대학교와 D제약사의 신약후보물질 관련 개량특허 탈취논쟁여부를 중심으로 (대상판결: 서울중앙지방법원 2014.12.24. 선고 2013가합85597 판결))

  • Kang, Sun Joon;Kim, Min Ji;Won, Yoo Hyung;Oh, Keon Taek
    • Journal of Korea Technology Innovation Society
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    • v.20 no.2
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    • pp.313-333
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    • 2017
  • As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

A Study on the Establishment of Anti-Drone Concept and Effective Response System (안티드론 개념 정립 및 효과적인 대응체계 수립에 관한 연구)

  • Lee, Donghyuk;Kang, Wook
    • Korean Security Journal
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    • no.60
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    • pp.9-31
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    • 2019
  • Due to the development of technology and popularization of drone, the so-called "dirty drone" that exploits drones for crimes and terrorism has become a social problem, and it is time to seriously consider the "revenge of drones." Indeed, the cases of threats posed by drones are expanding not only to threats to ground facilities, but also to aviation safety threats, more recently to large-scale events, demonstrations and crimes targeting specific personnel, and terrorism. This research clearly defined the concept of anti-drone when it emerged as a new type of social safety threat as it was abused in crime and terrorism, while response to it was not enough yet. Through this process, it was intended to present an effective anti-drones system. We analyzed the major controversial elements of anti-drone, and defined them as "comprehensive response activities at the legal, institutional and technical levels performed by law enforcement agencies, related technology and industrial entities in a way that prevents, detects, and blocks acts that violate public well-being and order, such as crimes and terrorism caused by the drones." To effectively respond to dirty drones, the authority of law enforcement agencies and the enactment of relevant laws were proposed. In the future, a comprehensive and systematic follow-up study of the anti system should be conducted.

A Study on the Improvement of Compensation Regime for Oil Pollution Accident in Korea (유류오염사고 피해보상제도 개선방향에 관한 연구)

  • Na, Eun-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.2
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    • pp.104-110
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    • 2009
  • This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

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The Archival Method Study For Female Worker in the 1970s : Focused on (1970년대 여성 노동자 아카이빙 방법론 연구 전시 를 중심으로)

  • Lee, Hye Rin;Park, Ju Seok
    • The Korean Journal of Archival Studies
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    • no.63
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    • pp.145-165
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    • 2020
  • , in collaboration with Mary Kelly, Kay Hunt and Margaret Harrison, tells the story of workers in the 1970s. Since the late 1960s, the world has undergone many political and social changes, and social movements have been active to protect the socially underprivileged, including women, children and workers. This phenomenon led to the diversification of the collection of the general public, the community, and the minority, and the expansion of the artist's political remarks and themes in the art world. , completed in conjunction with these social issues, surveyed and recorded the reality of workers in a factory in London and produced it as a artwork. is a collaborative work of three artists, a record of workers in the 1970s, and a record of the labor situation, factory, and even the history of the region. Therefore, this study examined the methods and features of , which dealt with the lives of women workers in the 1970s, based on social conditions.