• Journal of Science of Art and Design
• /
• v.1
• /
• pp.63-93
• /
• 1999

This treatise begins with finding a meaning of Paul Klee's . It is pretty simpleto choose the square of Klee. The most important formative language for twenty century is abstraction. The element of speaking for abstraction issquare. The artists are trying to contain the nature and universe in the square. The role of magic square consisting with small squares of Klee is crystallized. The other side, the test of this study is a method analysis. The method analysis is changing while concept and style have been changing according to a period. The existing method analysis is an iconology used many times in Art history. This treatise introduces France symbolists, Bernard Cocula and Claude Peyroutet's analysis of a meaning of image(Semantique do l'image) who were applied to Modern Art. based on Iconography. It also applies to analysis of artwork of Klee. Cocula's is developed from one phase to five phase step by step. The first phase deals with an appearance of artwork. Subsequently, the second phase is directly adjacent to personal feeling and impression. This is an adequate method for image study in the analysis of modern arts. This phase makes it a rule to enjoy talking with artworks above all. The third phase begins with this question 'What do you see? (que voyons-nous?).' The applies exhaustively and strictly to complicated image artworks which need an elaborate analysis. It is very hard but audiences must try to maintain neutrality in front of artwork because cord formation and interpretation should be formed objectively. The meaning analysis and interpretation of the forth phase begins with this question 'what is the image rouse'(qu'evoque cote image?).' This phase is the most important in a process of symbolic analysis. The audience investigates personal elements and common elements. The fifth is synthetic analysis and interpretation phase. The synthesis is last phase and it reaches a valuation and a conclusion. Namely, the synthesis phase makes up synthesis conclusion, summarizes image character, and completes value adjudication. Sometimes it completes no conclusions in a silence. This study found a new possible analysis example from Paul Klee's work. The study emphasizes square analysis and interpretation and uses . The analysis of artwork by Cocula's is an example of the most important work of Klee's three artworks. The first analysis of artwork is and the second one is . The third one is . In these analyses, Klee usedmagic square 'to make natural pictorial element and to explain organic living things.'

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.18 no.3
• /
• pp.270-276
• /
• 2017

Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.131-149
• /
• 2000

In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.1
• /
• pp.125-134
• /
• 2022

The Korea Maritime Safety Tribunal is an institution that investigates marine accidents in accordance with the maritime safety adjudication procedure when marine accidents occur. It requires its investigators to be capable in specializing in marine accidents, including possessing the following: a level 2 or higher maritime license, experience on boarding, and specialized knowledge on ships. It also requires separate training for technical competency related to maritime accident investigations. However, the current education for marine accident investigators mainly consists of administrative tasks, which is not suitable to improving the investigator's technological competency, making its development urgent. This study aims to design training contents for marine accident investigators to strengthen their technical competence. To this end, we analyzed the contents of current investigator training, and reviewed the relevant laws and regulations, and training contents of investigators in advanced maritime countries and similar transportation institutions in Korea. According to the results, the training contents were designed to focus on strengthening technical competency, and proposed as a five-day course for basic and professional training. Based on the designed training contents, if in-depth research is conducted by sufficiently reflecting the working conditions of marine accident investigators in Korea, it will greatly help in improving the investigators' skills.

• The Korean Society of Law and Medicine
• /
• v.20 no.3
• /
• pp.143-174
• /
• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.1
• /
• pp.159-203
• /
• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.