• The Journal of the Korea Contents Association
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• v.15 no.9
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• pp.126-133
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• 2015

According to the traditional precedent, if a beneficiary who completed a provisional registration as a result of reservation of trade which is a fraudulent act, then assigned the right acquired by the provisional registration to the third party who has no information of the process, and let the third party complete an additional registration transfer the provisional registration, and if the third party completed the main registration on the foundation of the provisional registration, the beneficiary cannot be the other party of the litigation requesting for the cancellation of registration of the provisional registration. As the result, an apprehension that the duty to recovery of the beneficiary could easily be acquitted of a charge has existed. But, it is considered as desirable that the judicial decision judged that the court recognized the qualification of the defendant as appropriate at this case, with a different view from the precedent, and then the defendant can file the litigation against the beneficiary, requesting for cancellation of the reservation of trade which is a fraudulent act.

• The Journal of the Korea Contents Association
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• v.16 no.11
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• pp.128-138
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• 2016

On 23th December in 2015, Constitutional court of Korea decided the Resident Registration Act which could not changed one's Resident Registration Number was Unconformable to Constitution. And declared that the Resident Registration Act had to amend the article. This study analyzes the issues and preferences of people about the modification methods of Resident Registration Number System. In result, the residents agree on the autonomy of residents registration number change and prefer not including personal information to including personal information in registration number system. And the residents want to operate the Second number system besides resident registration number. However, they don't want to pay the change cost of resident registration number system. This results give a few of implications when the change methods of resident registration system would be prepared.

• Environmental Analysis Health and Toxicology
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• v.30
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• pp.17.1-17.6
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• 2015

Objectives In this study, the possibility of using existing test data provided in Korea and elsewhere for the registration of chemical substances was examined. Data on 510 chemical substances that are among the first subject to registration under the "Act on the Registration and Evaluation, etc. of Chemical Substances (K-REACH)" were analyzed. Methods The possibility of using existing data from 16 reference databases was examined for 510 chemical substances notified in July 2015 as being subject to registration. Results Test data with the reliability required for the registration of chemical substances under the K-REACH constituted 48.4% of the required physicochemical characteristics, 6.5% of the required health hazards, and 9.4% of the required environmental hazards. Conclusions Some existing test data were not within the scope of this research, including data used for registration in the European Union (EU). Thus, considering that 350 of these 510 species are registered in EU Registration, Evaluation, Authorisation & Restriction of Chemicals, more test data may exist that can be utilized in addition to the data identified in this study. Furthermore, the K-REACH states that non-testing data (test results predicted through Read Across, Quantitative Structure-Activity Relationships) and the weight of evidence (test results predicted based on test data with low reliability) can also be utilized for registration data. Therefore, if methods for using such data were actively reviewed, it would be possible to reduce the cost of securing test data required for the registration of chemical substances.

• Journal of Environmental Health Sciences
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• v.48 no.3
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• pp.159-166
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• 2022

Background: A quantitative structure-activity relationship (QSAR) model was adopted in the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH, EU) regulations as well as the Act on Registration, Evaluation, etc. of Chemicals (AREC, Republic of Korea). It has been previously used in the registration of chemicals. Objectives: In this study, we investigated the correlation between the predicted data provided by three prediction programs using a QSAR model and actual experimental results (acute fish, daphnia magna toxicity). Through this approach, we aimed to effectively conjecture on the performance and determine the most applicable programs when designating toxic substances through the AREC. Methods: Chemicals that had been registered and evaluated in the Toxic Chemicals Control Act (TCCA, Republic of Korea) were selected for this study. Two prediction programs developed and operated by the U.S. EPA - the Ecological Structure-Activity Relationship (ECOSAR) and Toxicity Estimation Software Tool (T.E.S.T.) models - were utilized along with the TOPKAT (Toxicity Prediction by Komputer Assisted Technology) commercial program. The applicability of these three programs was evaluated according to three parameters: accuracy, sensitivity, and specificity. Results: The prediction analysis on fish and daphnia magna in the three programs showed that the TOPKAT program had better sensitivity than the others. Conclusions: Although the predictive performance of the TOPKAT program when using a single predictive program was found to perform well in toxic substance designation, using a single program involves many restrictions. It is necessary to validate the reliability of predictions by utilizing multiple methods when applying the prediction program to the regulation of chemicals.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.375-383
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• 2017

In 2015, Constitutional court of Korea declared that the Resident Registration Act was unconformable to Constitution. Therefore, the Resident Registration Act have to amend the article before 2018 for allowing to change one's Resident Registration Number. The most expensive cost to change one's Resident Registration Number System is the uncomfortable cost of changing the Number. This study invests the uncomfortable cost of changing the Number by Willingness to pay Method. In result, the cost of changing all 13 numbers would \ 160,000, the cost of changing 7 numbers would \ 108,000, and the cost of making Second Registration Number would \ 110,000. This result could be used to analyze the B/C ratio of changing the Resident Registration Number System.

• Environmental Analysis Health and Toxicology
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• v.30 no.sup
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• pp.4.1-4.7
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• 2015

Objectives Approximately 2000 phase-in substances are subject to registration according to the Act on the Registration and Evaluation, etc. of Chemical Substances (K-REACH), and the expected testing cost is 2.06 trillion Korean won assuming all the test data required for registration are acquired. The extent to which these enormous test costs can be reduced depends on the availability of existing data that can be used to meet the requirements of the K-REACH we examined the current availability of test data that can be used for chemical substance registration. Methods We analyzed the possibility of utilizing the existing test data obtained from 16 reference databases for 369 of 518 kinds of phase-in substances subject to registration that were reported in last October 2014. Results The physical and chemical properties were available for 57.1% of substances, whereas data regarding human hazards and environmental hazards were available at considerably lower rates, 8.5% and 11.8%, respectively. Conclusions Physical and chemical properties were available for a fairly high proportion, whereas human hazards and environmental hazards were reported for considerably fewer substances.

• The monthly packaging world
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• s.301
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• pp.93-100
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• 2018

• Asia-Pacific Journal of Business
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• v.15 no.2
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• pp.271-282
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• 2024

Purpose - The purpose of this study is to examine legal problems in managing special customs clearance companies that were not covered in previous studies, and seek legal solutions. Design/methodology/approach - This study tries to analyze and the Administrative Rules related to special customs clearance and suggest alternatives since the management of the special customs clearance system is mainly carried out through Administrative Rules. Findings - The definition of a consignment carrier under the Customs Act does not reflect the reality, and the subject of registration does not coincide with the Customs Act and Administrative Rules. Article 2 of the Customs Act, the definition of consignments and the subject of registration of consignment forwarders should include international logistics forwarders who "arrange logistics of import and export cargo". In the E-commerce Administrative Rules revised in July 2023, the registration of e-commerce companies subject to special customs clearance, the registration of companies with preferential customs clearance and notification of changes, and the provision of preferential customs clearance can be seen as new legislation beyond the mandate of the Customs Act. Research implications or Originality - It it time to allow recipients and agents to submit customs clearance lists to protects the rights of goods recipients.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.169-209
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• 2001

As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

• The Journal of the Korea Contents Association
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• v.12 no.8
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• pp.198-206
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• 2012

The Lease Registration Instruction system that newly established in 4th opening a court of the Housing Lease Protection Act has regulated the following. After the lease expires, if finish the lease registering on the rental house to leaseholder who did not return the deposit. Previous opposing power and Priority Repayment Right are preserved intact. And after the leasehold registration, even if loss the claiming requisite of Housing Lease Protection Act's Article 3 Paragraph 1, already acquired opposing power and the Priority Repayment Right will not be lost. Thus, the tenants free to transfer its residences without anxiety. So it is focused on protecting tenant's rights who social and economic weak person. But in reality, did not return the expensive lease deposit. So, most tenants cannot transfer freely their residences. Or even if migration as completing the lease registration unavoidably by Lease Registration Instruction, they cannot receive their lease deposit as soon as possible, like this there are many problems. So, propose the improvement plan by this study.