• Title/Summary/Keyword: Art law

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A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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A study on the figurative art expression reflected on the relationship with the animal companion and the inner self - Focusing on works by Lee Heeyeong -

  • Lee, Hee-Young;Cho, Myung-Shik
    • Cartoon and Animation Studies
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    • s.42
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    • pp.293-313
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    • 2016
  • The target stimulating human's sensitivity can include several things; the first is human like us including beautiful women and cute babies. The next ranking is the dog animal that established itself as a human's companion. It is the 3B law(beauty, baby, beast - much used in the ad or election due to the positive image) that is widely used in the advertising. This relationship is being expressed in the art history for a long time. Dogs that have lived a history more than 10 thousand years with humans hunted, protected flock of sheep, and kept the farmer's house and property. They have been human's assistants and companion who entered into the modern urban culture. Like this, dogs have adapted to several situations endlessly such as the nomadic life, farming, country life, and urban life. This paper will explore the close relationship of humans and companion animals through various icons of dogs and pups that appeared through a number of artists' skills. The companion animal means an animal that lives with people, which means the relationship of round-trip rather than the one-way relation those each other gives a help. Therefore, there artist tries to examine the figure of great hunter for survival, highly evaluated figure as the royal dignity, and the mascot-like figure delivering the daily happiness to modern people as presenting joy through a discussion of the 'countenance', a visual signal of the dogs and pups. They have been influenced by screen and popular media in 20C. Snoopy, a main character of and the movie <101 Dalmatians> made a success on the theater and television when Beagle and Dalmatian were prevalent. These main characters make audience feel happy involuntarily. Like this, the continuous and old friendship of the human and dogs will be confirmed again through the icon of dogs and pups consisting of the communication of artists and readers in the modern shape art, and it is hoped to be a psychological stabilizing effect to modern people living in the intense modern society. Therefore, it is expected this study paper will be reborn as a new text and be expanded as an effective communication in the journey of dogs and human in the future in investigating the communion of dogs and human.

Cost-benefit analysis of project of promoting the economy in Samcheok City (폐광지역 경제자립형 사업에 대한 비용-편익 분석 : 강원도 삼척시를 중심으로)

  • Jeong, Dong-Won;Jin, Se-Jun;Han, Jong-Ho
    • Journal of Energy Engineering
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    • v.23 no.4
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    • pp.176-182
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    • 2014
  • The project of promoting the economy has attracted attention as on strategy for the economic revitalization of abandoned mine areas which is promoting by local government based on the "Special law on the development of abandoned mine areas". Through the analysis of economic feasibility analysis, the government is trying to determine the presence or absence of budget support to project of promoting the economy of local government. Furthermore, this paper attempts to conduct a cost-benefit analysis, using net present value(NPV), benefit/cost(B/C) ratio, internal rate of return(IRR) techniques for project of promoting the economy of Samcheok City. The project of promoting the economic of Samcheok City is promoting the Yukbaeksan flowers rest park and Glass Art Culture and Tourism theme park. The results indicate that NPV, B/C ratio and IRR of Yukbaeksan flowers rest park are 3,937 million won, 1.06, 6.18% and NPV, B/C ratio and IRR of Glass Art Culture and Tourism theme park are 8,311 million won, 1.34 and 9.47. Accordingly, the projects of promoting the economic of Samcheok City ensure economic feasibility that the three indicators have exceeded 0, 1.0 and 5.5% respectively. Moreover, the analysis results can be used effectively in the decision for the project of promoting ecomony of Samcheok city.

The Abstracting Services in Korea: The Present State, Problems and Some Suggestions for Action in the Future (우리나라의 초록시스템 - 현황, 문제 및 개선방안)

  • Choi, Sung-Jin
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.6 no.1
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    • pp.133-160
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    • 1984
  • The main purpose of the present study is to survey the major abstracting bulletins of national nature in Korea, to define such problem areas as lacunae, duplicates and limitation in coverage in the abstracting services currently available in Korea, and to make some suggestions for action for improving the abstracting services in the light of general principles and the tradition and situations unique to Korea. The major conclusions reached at this study are summarised as follows: (A) A new abstracting bulletin of general nature covering the whole field needs to be created in each of the following fields where no established abstracting service is available for the outcome of research and development activities in Korea. (1) Language (2) Religion (3) Art (4) Language (5) Literature (6) History (B) A new specialised abstracting bulletin needs to be created in each of the following fields of science where abstracting services limited in coverage are partially available. (a) Statistics (b) Sociology (c) political science (d) Public administration (e) Law (f) Folk lore (g) Military science (2) Pure sciences (a) Mathematics (b) Chemistry (c) Astronomy (d) Geology (e) Mineralogy (f) Life sciences (g) Botany (h) Zoology (3) Applied sciences (a) Agriculture (b) Architectural engineering (c) Mechanical engineering (d) Electrical engineering (e) Chemical engineering (f) Manufacturing industry (g) Domestic science (C) Publication of the abstracting bulletins suggested in (A) and (B) above may be ideally carried on by a qualified learned society established in the respective field. and should be financially supported by the public fund under the provisions of Art. 27 of the Research Promotion Act of 1979. (D) The current practice of adding the author's abstract and keywords to each of the records of the "Doctoral Theses in Humanities and Social Sciences" part of the" Catalogue of Doctoral and Master's Theses Submitted to the Universities in Korea" published by the National Assembly Library should be applied to all the other parts, i. e. to the parts of the "Master's Theses in Humanities and Social Sciences" and of the "Doctoral and Master's Theses in Natural Sciences': which will not only increase the Catalogue's use value but also discourage appearance of various theses abstracts of individual academic institutions such as the" Abstracts of the Doctoral and Master's Theses Submitted to Korea Advanced Institute of Science and Technology" which will in turn reduce inefficiency involved in the abstracting services at national level. (E) A general abstracting bulletin covering most part of the outcome of research and development activities in Korea other than that covered by the existing abstracts needs to be created to be temporarily. used till the abstracting journals suggested in this study will be fully available. A realistic way of having such a bulletin may be to expand the present coverage of "The Abstracts of the Reports of the Government-sponsored Projects" currently published by Korean Research Foundation.

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A Systematic Review of the Literature on Tattoo and Semi-permanent Makeup (문신 및 반영구화장에 관한 체계적 문헌고찰)

  • Soyeon Park;Eunkyung Seo;Sungwook Kang
    • Journal of the Korean Applied Science and Technology
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    • v.40 no.3
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    • pp.435-452
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    • 2023
  • This study was conducted for a systematic literature review according to the period, subject, and research method for 198 papers related to tattoo and semi-permanent makeup published from 1979 to 2022. By period, it was divided into the first period (1979-1994), the second period (1995-2005), the third period (2006-2012), and the fourth period (2013-2022). In the first period, research on health and medical aspects was the main focus, and in the second period, studies in various aspects such as art and culture began to appear. The 3rd period was characterized by increased research on semi-permanent makeup, and the 4th period was marked by a rapid increase in research on tattoos and semi-permanent makeup. By research topic, it was analyzed by dividing it into health and medical care, beauty, fashion and art, society and culture, law and system. As a result, cosmetic studies were most actively conducted to identify consumers' preferences and perceptions, and health and medical studies were the second most common. Recently, as the need for legalization has increased, studies related to laws and systems have increased rapidly, and studies on culture, history, and fashion have also been conducted. By research method, survey research were used the most, and various methods such as literature study and case studies were also used. This study is expected to further promote follow-up research in the future and contribute to the development of related industries.

Migration and Transmission of the Intangible Culture and its musical change : the case of North Korean Mask Dance Drama, Eunyeul (무형문화의 이주, 전승 그리고 음악적 변화 양상: 은율탈춤의 사례)

  • Kim, Sun-Hong
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.197-222
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    • 2019
  • In the paper, this study will be explored in the migration of the mask dance Eunyeul Talchum from North Korea to South Korea after the national division took place. During and after the Korean War, refugees from the Hwanghae province settled in the Republic of Korea who were performers of the three Korean mask dances: Bongsan Talchum, Kangryeong Talchum and Eunyeul Talchum. All of these mask dances are denoted as South Korea's National Intangible Properties under the Cultural Property Protection Law (1962.) However, Eunyeul Talchum is the only asset among these three that settled in Incheon, instead of the capital, Seoul. The purpose of this research is to examine the process of restoring and the idea of transmitting Eunyeul Talchum in Incheon after the division of Korea. As opposed to Bongsan Talchum and Gangryeong Talchum, which are recognized as major socio-ethnic groups, Eunyeul Talchum belongs to a minority. Because not only Eunyeul Talchum is the last Mask Dance which has been nominated as an Intangible asset among the other Hwanghae Talchum but also, most people in the preservation association are comprised of the second-generation refugees from Hwanghae province. During three months of research, the researcher observed the performances and the educational communicating Eunyeul Talchum's cultural legacy. This study included several research methods: open interview, examination of relevant documents, and live performances. Particularly, the researcher conducted interviews with the Human Cultural Property and musicians (including professional/scholarly to lay/untrained) in the Preservation Association. In conclusion, Eunyeul Talchum preservation association is not as preeminent as other Korean mask dances, it has been transmitted by performers from Hwanghae province with its unique masks and instrumental accompaniment. These performers and educators dedication to maintaining Eunyeul Talchum's attributes contribute largely to the Preservation Association's successful settlement in Incheon. Thus, the researcher examines which idea formed to subsist the Eunyeul Talchum preservation association.

Female College Students' Perception of Work Scope of Dental Hygienist and Boundaries of Medical Personnel according to the Major

  • Hong, Yang-Hee;Lee, Jung-Mi;Woo, Hee-Sun
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.3
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    • pp.177-183
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    • 2020
  • The purpose of the study is to investigate the women's college students' perceptions on work scope of dental hygienists and the inclusion of dental hygienists in the category of medical personnel. A self-reported questionnaire was completed by 180 Suwon women's college students from August 26, to September 11, 2019. The questionnaire consisted of oral health condition of the subjects, perception of both legal and illegal work scope of dental hygienist, the degree of recognition of medical personnel occupations by subject, and the reason why they thought dental hygienists are medical personnel. The collected data were analyzed based on frequency, percentage, and descriptive statistics using IBM SPSS VER 22.0. It showed significantly different perception of work scope of dental hygienists according to the major. Percent of 70 of the subjects perceived dental hygienist as a medical personnel, the opinions on the necessity were as follows: The Ministry of Health and Welfare issues a license through the national examination role and dental hygienists assist the care of dentist. Therefore, clinical dental hygienists should be promoted to medical personnel through the amendment of the medical law so that the duties practiced by the dental hygienist can be matched with the legal practice.

The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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Aircarrier's Liability by revised German Air Transport Act 2004 (독일항공운송법(獨逸航空運送法)에서의 항공운송인책임(航空運送人責任) -2004년(年) 독일항공운송법(獨逸航空運送法) 개정내용(改正內容)을 중심(中心)으로-)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.183-212
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    • 2004
  • Die Haftung des Luftfrachtf${\"{u}}$hrers nach dem ge${\"{a}}$nderten Luftverkehrsgesetz 2004 In dieser Arbeit handelt es sich um das ge${\"{a}}$nderte Luftverkehrsgesetz in Deutschland. Neuerdings werden die bisherige Vielzahl von v${\"{o}}$lkerrechtlichen Abkommen und Protokollen, europarechtlichen Bestimmungen und privatrechtlichen Vereinbanmgen durch das Montrealer ${\"{U}}$bereinkommen 1999 zu einem einzigen Instrument zusammengefuhrt. Am 4. 11. 2003 ist das ${\"{U}}$bereinkommen von Montreal f${\"{u}}$r die Ratifikationsstaaten in Kraft getreten. Der Anwendungsbereich des Montrealer ${\"{U}}$bereinkommen beschr${\"{a}}$nkt sich jedoch nach dessen Art. 1 auf die internationale Bef${\"{o}}$rderung. Urn bei reinen Inlandf${\"{a}}$llen einen Gleichlauf zu gew${\"{a}}$hrleisten, will der deutsche Gesetzgeber im Zuge der Ratifikation in ${\S}$ 46 LuftVG eine entsprechende nationale Haftungsbestimmung schaffen.

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A Study on the Meaning of 'the Improvement and Development of Culture' under Article 1 of the Korea Copyright Act (저작권법 제1조상 '문화의 향상발전'의 의미에 관한 연구)

  • Lee, Byoung-Kyu
    • Journal of Legislation Research
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    • no.44
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    • pp.539-569
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    • 2013
  • Article 1 of the Korea Copyright Act stipulates that the purpose of this Act is to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture. Hence, the improvement and development of culture is the final goal of the Copyright Act and should be the essential standard of the interpretation and application of the law. However, most of Korean copyright scholars do not explain the meaning of it and they even assume that protection of the copyright and promotion of fair use themselves are deemed as it. The meaning of the improvement and development of culture should be derived from the Constitution and there is a principle of the nation of culture as one of the basic constitutional principles. Pursuant to the principle of the nation of culture, the improvement and development of culture means maximization of the right of enjoyment from culture by the building of the ecology for the sustainable production and consumption of the works. This should be not only the legislative purpose of the Copyright Act but also the goal of culture policy.