• Journal of Soil and Groundwater Environment
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• v.11 no.6
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• pp.1-7
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• 2006

The whole objective of two papers in series was to develop the framework of an information management system (IMS) for soil-contaminated sites. In this work, we investigated current status of information management in our country and the IMSs of developed countries such as USA, Germany, Netherlands, and Japan. Through the investigation, we made four suggestions which could be taken into account for developing the IMS's framework. Firstly, we need to append the amendments on definition of information management and opening to the public to the Soil Environment Conservation Law. Secondly, detailed guidelines for each cleanup phase need to be developed. Thirdly, in order to increase the access of the public into the IMS, we need to provide electronic data files (e.g., PDF files) for them. Finally, a sole institution need to be chosen to control efficiently the IMS. In the subsequent paper, we will develop the framework of the IMS, based on the results of this work.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.107-130
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• 2008

The purpose of this study is to provide the guideline for the loss of documents relating to the delivery of documents under Letter of Credits transactions. If the documents are lost while in transit from the nominated bank to the issuing bank neither the nominated bank nor the issuing bank is liable as Article. 35 of the UCP600. Normally such matters are settled amicably between banks and problems are only likely to give rise to litigation where this cannot be done and the applicants does not want the goods or take delivery or sell them on because of the loss of documents. UCP 2007 Revision stated that a presentation is complying and forwards the documents to the issuing bank, whether or not the nominated bank has honoured or negotiated, an issuing bank must honour or negotiate, or reimburse that nominated bank. Accordingly, the applicant liable to the issuing bank for any damage sustained as a result of the loss of document. In such circumstance it might be possible to obtain a second(duplicate) set of documents that were sufficient to satisfy the applicant that the document were compliant and enable the applicant to obtain deliver of documents or comply with the terms of a sub-sale. If the applicant does not want the documents presented, no the less, the bank might find it difficult to prove that complaint documents had been presented and, subject to the terms of arrangement with the buyer, could be liable for damage sustained by the applicant as a result the loss of the documents.

• Korean Institute of Interior Design Journal
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• v.21 no.5
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• pp.244-253
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• 2012

Vincent van Gogh is a Dutch postimpressionism artist that is one of the most influential painter of the 20th century with his vivid colors and sensibility. 'The Bedroom at Arles' is the art piece that van Gogh himself had admitted to be a great artwork, which also reflects the story of his life and inner thoughts. The spacial characteristics of 'The Bedroom at Arles' are amanufactures the following. First, the space shown at 'The Bedroom at Arles' exhibits the phenomenon of undoing the law of perspective by authorizing individual existence to the objects and space, instead of fitting in the objects into the space in the order given by the law of perspective; entirely rearranging the reminiscent space from past. Secondly, the expression 'bedroom' reflects that the subject was about his own experience with the space and a representation of his imagination, which is a metaphorical symbol. Thirdly, van Gogh used strong colors and brush touches to express his subjective opinion, which aren't the actual shades of the scene, but chosen only to approach the space and objectives with his own symbolic interpretation from his heart. Through a synthetic overview of the characteristics of van Gogh's 'The Bedroom at Arles', it could be told that he holds an essential Space perception system, in hir inner self. The space is intentionally rearranged and strangely altered to form an entirely new relation, breaking the tension from the systematically stable rules and orders. 'The Bedroom at Arles' seems to express an unique and symbolic sensation and experience through the combination of its colors and spacial structure.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.163-177
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• 2020

There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.6 no.6
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• pp.403-412
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• 2016

As transaction and investment using technology are vitalized, the need for objective standards for the technology is increasing. Current technology value evaluation system is limited lacking reliability and objectivity. Besides the traditional evaluation methodology which are market approach, income approach and cost approach other diverse evaluation methodology such as real option method and royalty calculation method are being studied; however currently there are no dominant evaluation methodology in the market. Same value evaluation system cannot be applied between similar technologies because value of technology is relatively decided based on the target. Approaching through collective intelligence and crowd sourcing, in meaning of majority participant's decision can make objective and better result than handful of experts, suggest alternative to problems of such matter above. By grafting the four types of crowd sourcing model which are Wisdom, Voting, Funding and Creation, this paper will discuss the ways to enhance the objectivity of technology evaluation through direct evaluation utilizing expert group and the public's indirect evaluation.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.3
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• pp.401-410
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• 2017

Augmented reality game has differences with traditional games in the way what it includes physical risks happened in the real world. Although accidents related to Pokemon Go are increasing, academic discussions on the issues are rare. Thus, this study explores risk types caused by the augmented reality game and examined how perception of the risks affect usage intention on the game. This study also provides the research implications through comparative analysis between youth group who generally has the tendency toward game addiction and older group. According to the results, teenagers had less usage intention when perceived financial risk increase. In case of over twenty, time risk had negative relationship with usage intention. Physical risk had no significant effect on usage intention for teenagers, but positive relationship was observed in case over twenty. These results imply the necessity of an appropriate regulation for safe game play.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.4
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• pp.35-44
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• 2018

Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

• Cartoon and Animation Studies
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• s.26
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• pp.79-108
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• 2012

This thesis is on the purpose of seeking for the possibility of a mechanism in interpreting, analyzing and criticizing cartoons which are applied to the concept of "the gaze" based on "the otherness of vision", which states a pluralistic visual world. It proves that cartoons are in line with other art works that are the subject to "lack and desire"; the gaze, greets reality and acts as an important criterion of analyzing and criticizing the trend in contemporary art, in which the cartoon expresses the gaze in harmony within its work of art. In this thesis, the artist, Kang Doh-ha structuralized ambiguous and difficult forms of art as he has cumulated experimental minds by working in an indie cartoon plane for a long period of time. Among his works of art, he identified the "invisible world" through his piece "Kubrik". Therefore, he represented: a metaphor and a metonymy, an ambiguously situational expression, an intentional and emotional error, the structure of individuality and integration, and finally tension beyond its meaning through use of 'the gaze' that is both the cause and the subject of a desire in the visible world which Lacan academized when he interpreted and analyzed "Kubrik". The concept of the gaze can be used in a variety of ways to display one another's presence in relation each character, revealing a spot of lack by staring back at readers or audiences and furthermore, to analyze and criticize the hidden side of the art piece by critics. The most important details are the artist's gaze, which is seen in the eyes of the analysis and also his or her criticism of the cartoon, which functions as a metaphoric screen in which the subject himself or herself betrays the law of desires thus enabling the violent and cruel reality to be masked and indulged in plays. This will serve as an element that will lead into an art as well as control the degradation to just a piece of enjoyment with the cartoon remaining only within the visual world.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.11-61
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• 2011

In dieser Arbeit ist zum ersten allgemeiner $\ddot{U}$berblick auf die Verschuldensprinzip, das grunds$\ddot{a}$tzlich f$\ddot{u}$r die Unfalls-Haftung im Bereich der medizinischen Behandlungsfehler noch immerhin gelten, in aller K$\ddot{u}$rze angef$\ddot{u}$hrt und zugleich in rechtsvergleichender Weise auf die sozialrechtliche Typenentwicklung in Bezug auf die haftungsrechtlich motivierte Entsch$\ddot{a}$digung. Gem$\ddot{a}{\ss}$ dem ${\S}$ 46 Gesetzes zur Abhilfe f$\ddot{u}$r medizinische Besch$\ddot{a}$digungenund auf die Mediation-Schlichtung f$\ddot{u}$r medizinische Streitigkeiten ist die rechtssystematische Bedeutung des Kompensations-Zusicherungsgeschafts als eine Art institutioneller Fremdversorgung zu erfassen. Demzufolge geht es h$\ddot{a}$uptsachlich um die Problematik von tatbest$\ddot{a}$ndlichen Merkmalen der Kompensation im ${\S}$ 46 obigen Gesetzes (unten 1) und im Bezug auf die im voraus von GF-Ministerium bekanntgegebene AO (provisorische Fassung) von 8. 11. 2011. um die Analyse einer Reihe von KHG-Entscheidungen $\ddot{u}$ber $\ddot{a}$rztliche Geburtsbehandlungsfehler (unten 2). Dabei ist noch die Geltungsbereich mit entsprechendem Kompensationssystem in Japan zu vergleichen (unten 3). 1. Der terminologische Sinn von "h$\ddot{o}$here Gewalt" ist sowohl semantisch wie auch juristisch-rechtstechnisch eine negative Vorausaussetzung f$\ddot{u}$r haftbar machende Gef$\ddot{a}$hrdungstatbestand. Nicht nur im Inhalt und Umfang vertr$\ddot{a}$gt dieser Rechtsbegriff sich nicht mit dem anderen tatbest$\ddot{a}$ndlich parallell zu erf$\ddot{u}$llenden Merkmal, also "die Besch$\ddot{a}$digung aus unverschuldeter $\ddot{a}$rztlicher Geburtsvorsorge", weil die jene enger als die diese auf dem Begriffsfeld ist, sondern auch im dogmengeschichtlichen, auch doch rechtstechnichen Sinne ist die Terminologie von "h$\ddot{o}$here Gewalt" ungeeignet, f$\ddot{u}$r den kompensatorischen Tatbetand als ein positives Merkmal, zu sein, statt derer, m. E. sollte der Begriff von "unkontrollierbarer Zuf$\ddot{a}$lligkeit" als L$\ddot{o}$sungsansatz verwendet werden. Dazu ist auch die ratio legis zur institutionellen Einf$\ddot{u}$hrung des obigen Kompensations-Zusicherungsgesch$\ddot{a}$fts, das sich auf die Entsch$\ddot{a}$digung des f$\ddot{u}$r Patienten unertr$\ddot{a}$glichen Verlustes gerichtet, d. h. gerade die Augabe des nachteilsausgleichenden Einstehens f$\ddot{u}$r Ungl$\ddot{u}$ck, nicht f$\ddot{u}$r Unrecht, zu ber$\ddot{u}$cksichtigen. 2. Die Typen der KHG-Entscheidungsf$\ddot{a}$llen im Bereich von Gyn$\ddot{u}$kologie k$\ddot{o}$nnten diagnostisch bzw. therapeutisch im folgenden differenziert sein werden; je nach der Kriterien von der Weise und dem Zeitpunkt zur Geburtshilfe, technischen Behandlungsfehlern beim Geburtsvorgang, und Besorgungsfehlern nach dem Geburt u. dgl. 3. Die japanische verschuldensunabh$\ddot{a}$ngige Kompensation ist eigentlich eine Art institutionelle Vorsorge, die anders als koreanische Versorgungssystem auf Grund privatsicherungsfinaler Vorleistung gew$\ddot{a}$rleistet wird. Der kompensatorische Bereich beschr$\ddot{a}$nkt sich auf die schwere infantile Zerebralparese (Cerebralparese) beim medizinischen Geburtsbehandlung. Schlie${\ss}$lich w$\ddot{u}$rde diese Arbeit erw$\ddot{u}$nscht sein, zur Konkretisierung des Voraussetzungen f$\ddot{u}$r die Kompensation nach ${\S}$ 46 Abs. 1 u. 4 des obigen Gesetzes beitragen zu k$\ddot{o}$nnen, welcher spatestens am 8. 4. 2013. zur Geltung gebracht sein sollte.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.156-179
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• 2020

The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.