• 예술경영연구
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• 제51호
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• pp.167-190
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• 2019

예술가에게 있어 저작권은 자신의 창작성을 공식적·법률적으로 확정하는 것과 창작에 대한 경제적 가치를 담보하는 제도로서의 유용성이 있다. 그러나 예술 개념의 불확정성은 저작권의 법률로서의 안정성을 취약하게 만드는 원인이 된다. 본 논문은 저작권이 순수예술분야, 특히 현대 시각예술의 분야에 적용될 때 어떤 한계가 있는가를 이론적으로 분석한다. 저작권법의 한계는 근본적으로는 예술 정의의 불확정성에 있는데 다음과 같은 두 개의 차원에서 문제가 된다. 첫 번째는 예술의 정의와 저작권법의 정의에 있어서 공히 문제가 되는 표현과 아이디어의 이분법이다. 표현과 아이디어의 개념적 구분이 실제로 가능한가의 문제를 예술철학의 차원에서 고찰해본다. 두번째는 예술에 대한 새로운 정의가 문제가 될 때이다. 개념예술은 표현와 아이디어의 이분법이 불가능하다는 연장 선상에서 발생하는 것으로서 개념이 예술이 될 때 발생하는 문제를 지적한다. 공공예술이나 참여예술은 예술창작의 결과물보다는 창작의 과정에서 발생하는 예술작품에 대한 관점과 태도를 변화가 초래하는 저작권의 문제를 제기한다. 이러한 분석은 예술가의 경제적 권리확보 수단으로서의 저작권의 불완전성을 성찰하고 이를 보완하기 위한 제도적 방안을 탐색하는 근거가 된다는 점을 제시한다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.117-136
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• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• 한국조경학회지
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• 제31권2호
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• pp.36-47
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• 2003

The purpose of this study is to examine the present problems relating to the legislation and execution of adornment of buildings in the provinces, and to explore ways to improve the role and function of adornment of buildings in terms of public art. In order to do that, the related national law and enforcement decree and the local regulations and rules were analysed. In addition the catalogues on the adornments of buildings that are managed by 31 cities and counties of Gyeonggi-Province were also compared and analysed. As a result of our survey, it has been determined that the reform of the adornments of buildings must be executed on the national and local levels. On the local level, the revision of regulations must occur simultaneously with the changes of national law and enforcement decrees. In many local self-governing bodies, there are quite a lot of discrepancies between their regulations and the upper law. Therefore, people can be confused regarding the sensitive problems such as the types of buildings that are required to display adornments and the proportion of the cost to the construction cost. In addition the effects of the improvements to national laws are often delayed. For example, the updated national law requires committee members to be appointed on the basis of merit, the announcement of the deliberation results, and the establishment of provisions regarding the management of existing structures. Unfortunately, improvements to the national law are not followed through on a local level. Concerning national legislation, the following improvements are necessary to minimize these problems. First, the western concept of‘public art’must be imported to Korea and applied to future legislation regarding adornment of buildings. Second, the perception of the purpose of adornment of buildings must be changed from‘art promotion’to‘improvement of the urban environment’Third, it is impractical to require private citizens to fund public worts of In. Korea requires an organized federal funding system for the commission of public art, which is to be controlled by committee. Finally, the definition of public artwork must be enlarged to include a more broad range of art, such as landscape architecture. In addition, continuing care of existing public worts of art must be managed systematically and strengthened.

• 무역상무연구
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• 제61권
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• pp.3-28
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• 2014

This study describes the buyer's remedies regarding defects in title under CISG. Although CISG stipulates the seller's liability for the delivery of conforming goods physically at Art. 35 and legally at Art. 41 and Art. 42 respectively, the buyer's remedies are not distinguished between non-conformity governed by Art. 35 and defects in title governed by Art. 41 and Art. 42. If the seller does not fulfill his obligation under Art. 41 and Art. 42 to deliver goods which are free from third party claims, the buyer should pay attention to which remedies are available under CISG. Under CISG, for defects in title in the delivered goods, the buyer is entitled to require performance in Art. 46 (1) unless he has resorted to a remedy which is inconsistent with this requirement, to declare the contract avoided by strictly limiting the situation in which the failure by the seller to perform his obligation amounts to a fundamental breach of contract in Art. 49, to claim damages in Art. 74, and to suspend the performance of his obligation where it becomes apparent that the seller will not perform a substantial part of his obligation in Art. 71 (1). Unlike Art. 35 non-conformity, the buyer may not require delivery of substitute goods under Art. 46 (2), claim repair under Art. 46 (3), and declare price reduction for title defects under Art. 50.

• 한류연구
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• 제2권1호
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• pp.27-31
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• 2023

The purpose of this paper is to study the relationship between Art management and Cultural activities in China from the K-wave case. Research design, data, and methodology: This study used the method of the cases study survey, with the K-wave case in as the survey objects, 3 valid survey sample case were collected in this paper. Results: The two dimensions of art management and cultural activities differently influences from the K-wave, and the influence of availability on customer satisfaction is not significant. Conclusion: The results of this study will provide useful reference for the Art management and Cultural activities in China from the K-wave case. And improve the development of art management and cultural activities in China by improving the K-wave of service quality. Art management can shape urban commercial space in a beneficial way, create a good consumption atmosphere, and enhance the attractiveness and competitiveness of the city. The introduction of art elements into urban commercial space can create a strong cultural atmosphere, so that the city presents a smart look. Art management has a positive impact on K-Wave production and operation activities, which can promote the shaping of art commercial space, the promotion of urban cultural atmosphere.

• 무역상무연구
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• 제52권
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• 문화기술의 융합
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• 제8권4호
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• pp.397-405
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• 2022

NFT 아트는 NFT 기술을 바탕으로 형성된 새로운 미술형태로써 기존 미술계와 미술시장에서 큰 관심을 끌고 있다. 따라서 NFT 아트가 새로운 미술의 영역으로 자리매김할 수 있는가에 대한 분석이 요구된다. 따라서 NFT 아트의 형성과 발전 과정을 과학기술학(Science and Technology Studies)의 행위자네트워크 이론(Actor-Network Theory)의 관점에서 분석하고 대표적인 사례로 NFT 아티스트 '비플(beeple)'의 사례를 조망한다. 또한 과학기술학 연구자인 그레이엄 하먼(Graham Harman)의 미학을 바탕으로 NFT 아트의 예술적 가치와 전통 미술 네트워크와의 관계를 논의한다. 특히 NFT 프로젝트 '크립토펑크(Crypto punks)'와 새로운 미술장르를 표방하는 '펑키즘(PUNKISM)' 사례를 통해 NFT 아트의 미래와 장르적 지속가능성을 분석한다. 행위자네트워크 이론으로 NFT 아트를 분석함으로써 기술적, 미적, 철학적 질문들을 가시화하고 새로운 미술장르로써의 긍정적인 전망을 제시하고자 한다.

• 무역상무연구
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• 제39권
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• pp.27-55
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• 2008

The concept of non-conformity is stipulated at Art. 35, CISG. According to the Art. 35, there is no directly stipulated concept of non-conformity. But Art. 35 said that the Seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Accordingly, the concept of non-conformity contains the conformity of quality, quantity, description, delivery of different goods and documents. Art. 39 does not specify the form of notice required. So parties can require a particular form by agreement. If there is no agreed form of notice, buyer' s notice must be sent by means appropriate in the circumstances. And Art. 39 states that the required notice of lack of conformity must be given to the seller. Notice of defects conveyed by the buyer to an independent third party is not found to have been given by means appropriate in the circumstances. And Art. 39 is subject to the parties' power under Art. 6 to derogate from or vary the effect of any provision of the Convention. When determining which requirement must be satisfied by the buyer is specifying the nature of any lack of conformity, a mixed objective-subjective standard should be applied, which has regard to the respective commercial situation of the buyer and the seller, to any cultural differences, but above all, to the nature of the goods. Also to determine the specificity requirement is to satisfy the purpose of notice of lack of conformity.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.23-46
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• 2021

Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related matters. The CAS Code applies whenever the parties agree to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agreement have decided that the CAS Code should govern their proceedings. The parties' autonomy is, however, limited to the provisions of the CAS Code that provide for such a corresponding autonomy. The application of the mandatory rules contained in the CAS Code cannot be excluded. In CAS appeals arbitration proceedings, the Panel shall decide the dispute according to the applicable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform application and interpretation of the relevant regulations are essential. Therefore, Art. R58 should be applied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also apply the so-called lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into account without the need to further examine the application of national legal standards.

• 통상정보연구
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• 제7권4호
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• pp.457-466
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• 2005

The main narrative of Shakespeare's The Merchant of Venice deals with a dispute over the matter of bond in regard to moneylending, and its consequences upon the eventual default. Only the clever interference of a lawyer or judge brings the crisis to an end. In solving his dispute over the bond between Antonio, the merchant of Venice, and Shylock, the money lender and a Jew, Shakespeare offers one of the most famous trial scenes in literature. This trial scene presents the art of arbitration by Portia who was disguised as a Doctor of Law and sheds light on the nature of law, justice, equity, and divine law. What one cannot overlook in this trial scene is the importance of reading ability. After all, interpretation is the next stage of reading. Drawing just verdicts and wise arbitration while at the same time deconstructing the implicit violence and incongruity in law is based on ceaseless effort of analytic and creative act of reading.