• Title/Summary/Keyword: European Law

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CORONAL TEMPERATURE AS AN AGE INDICATOR

  • Sung, Hwan-Kyung;Bessell, M.S.;Sana, Hugues
    • Journal of The Korean Astronomical Society
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    • v.41 no.1
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    • pp.1-6
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    • 2008
  • The X-ray spectra of late type stars can generally be well fitted by a two temperature component model of the corona. We find that the temperatures of both components are strong functions of stellar age, although the temperature of the hotter plasma in the corona shows a larger scatter and is probably affected by the activity of stars, such as flares. We confirm the power-law decay of the temperature of the hot plasma, but the temperature of the cool plasma component decays linearly with log(age).

The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

A Study of Targeted Killing, Unmanned Aerial Vehicles (무인항공기 표적살인(Targeted Killing)에 관한 고찰: 논쟁과 실행 정당성을 중심으로)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.53-81
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    • 2017
  • Targeted killing is a modern euphemism for the assassination of an individual by a state organization or institution outside a judicial procedure or a battlefield. Targeted killing using armed drones has raised profound anxieties in legal, policy, and advocacy communities in the United States and abroad, including among UN officials. The bottom line for targeted killing supporters is that targeted killing works as part of a larger counter-terrorism strategy. Targeted killing does what it is supposed to and removes the leader of a group. And despite growing legal, moral, and ethical issues concerning targeted killing, scholars agree that drone strikes and targeted killing operations will stay. The ACLU has sued top CIA and Pentagon decision-makers to seek accountability for the unlawful killings of three U.S. citizens in Yemen last year. Also, strikes by drones are associated with serious problems such as collateral damage to ordinary citizens and friendly fire. Targeted killings by drones also involves several issues to be resolved, including suspicions that they may run counter to domestic law prohibiting assassination, the opacity concerning their definitions and military actions, and the impact of whiplash transition. Finally, targeted killing program and the need for transparency. The assembly referring to resolution invites the committee of ministers to undertake a thorough study of the lawfulness of the use of combat drones for targeted killings and if need be develop guidelines for member states on targeted killings with a special reference to those carried out by combat drones. These guidelines should reflect the states duties under international humanitarian and human rights law in particular the standards laid down in the EC on human rights as interpreted by the european court of human rights.

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Trend of Space Development and Issue (우주개발동향과 주요 이슈)

  • Cho, Hong-Je;Shin, Yong-Do
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.97-126
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    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

Numerical simulation of hollow steel profiles for lightweight concrete sandwich panels

  • Brunesi, E.;Nascimbene, R.;Deyanova, M.;Pagani, C.;Zambelli, S.
    • Computers and Concrete
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    • v.15 no.6
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    • pp.951-972
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    • 2015
  • The focus of the present study is to investigate both local and global behaviour of a precast concrete sandwich panel. The selected prototype consists of two reinforced concrete layers coupled by a system of cold-drawn steel profiles and one intermediate layer of insulating material. High-definition nonlinear finite element (FE) models, based on 3D brick and 2D interface elements, are used to assess the capacity of this technology under shear, tension and compression. Geometrical nonlinearities are accounted via large displacement-large strain formulation, whilst material nonlinearities are included, in the series of simulations, by means of Von Mises yielding criterion for steel elements and a classical total strain crack model for concrete; a bond-slip constitutive law is additionally adopted to reproduce steel profile-concrete layer interaction. First, constitutive models are calibrated on the basis of preliminary pull and pull-out tests for steel and concrete, respectively. Geometrically and materially nonlinear FE simulations are performed, in compliance with experimental tests, to validate the proposed modeling approach and characterize shear, compressive and tensile response of this system, in terms of global capacity curves and local stress/strain distributions. Based on these experimental and numerical data, the structural performance is then quantified under various loading conditions, aimed to reproduce the behaviour of this solution during production, transport, construction and service conditions.

Work-Related Stress Risk Assessment in Italy: A Methodological Proposal Adapted to Regulatory Guidelines

  • Persechino, Benedetta;Valenti, Antonio;Ronchetti, Matteo;Rondinone, Bruna Maria;Tecco, Cristina Di;Vitali, Sara;Iavicoli, Sergio
    • Safety and Health at Work
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    • v.4 no.2
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    • pp.95-99
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    • 2013
  • Background: Work-related stress is one of the major causes of occupational ill health. In line with the regulatory framework on occupational health and safety (OSH), adequate models for assessing and managing risk need to be identified so as to minimize the impact of this stress not only on workers' health, but also on productivity. Methods: After close analysis of the Italian and European reference regulatory framework and workrelated stress assessment and management models used in some European countries, we adopted the UK Health and Safety Executive's (HSE) Management Standards (MS) approach, adapting it to the Italian context in order to provide a suitable methodological proposal for Italy. Results: We have developed a work-related stress risk assessment strategy, meeting regulatory requirements, now available on a specific web platform that includes software, tutorials, and other tools to assist companies in their assessments. Conclusion: This methodological proposal is new on the Italian work-related stress risk assessment scene. Besides providing an evaluation approach using scientifically validated instruments, it ensures the active participation of occupational health professionals in each company. The assessment tools provided enable companies not only to comply with the law, but also to contribute to a database for monitoring and assessment and give access to a reserved area for data analysis and comparisons.

A Study on the Algorithm Transparency Act and Right to Explanation - Focus on the Review of Algorithm Transparency Act -

  • Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.11
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    • pp.233-236
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    • 2021
  • Recently, the Justice Party is pushing for legislation of a bill called the Algorithm Transparency Act. The bill is a revision to the Information and Communication Network Act proposed by Rep. Ryu Ho-jung on June 25, 2021, and aims to form a separate committee under the Korea Communications Commission to ask organizations operated for profit to search algorithms and explain the principles of arrangement. Currently, Korea treats algorithms as corporate secrets and does not disclose them, while the European Union (EU) implements the Personal Information Protection Regulations (GDPR) in relation to algorithm regulations. Therefore, this study summarizes the main contents of the Algorithm Transparency Act currently proposed to the National Assembly and reviews the current status of algorithm-related laws and systems in the European Union (EU) and the improvement of algorithm transparency.

A Comparative Analysis of the Legal Systems of Four Major Countries on Privacy Policy Disclosure (개인정보 처리방침(Privacy Policy) 공개에 관한 주요 4개국 법제 비교분석)

  • Tae Chul Jung;Hun Yeong Kwon
    • Journal of Information Technology Services
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    • v.22 no.6
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    • pp.1-15
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    • 2023
  • This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

Modeling and Trends of Road Transport Development in Eastern European Countries

  • Viktoriia Harkava;Olena Pylypenko;Oleksandr Haisha;Armen Aramyan;Volodymyr Kairov
    • International Journal of Computer Science & Network Security
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    • v.24 no.3
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    • pp.189-195
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    • 2024
  • Road transport occupies the largest share in domestic and international transport. It is of key importance for the development of the economy, forasmuch as it provides the livelihood of the population, the development of the national economy, the possibility of establishing foreign economic relations. The purpose of the research is as follows: analysis of the current state of functioning of the road transport sector in Eastern Europe and identification of key problems and trends in its development. Research methods: Methods of grouping, comparison and generalization, correlation analisys have been used to identify the dynamics of the main indicators of road transport in Eastern Europe. The method of correlation-regression analysis has been applied to determine the impact of increasing the length of roads on the turnover of the road freight transport and the number of employed population in this area. Results. It has been found that the increase in the employed population by 96% and increase in revenues from transportation and storage of goods, postal and courier services (turnover of the road freight transport - in the original language) in the field of road transport by 82% is explained by the change in transport infrastructure capacity by increasing length of highways. According to the correlation analysis, it has been revealed that there is a high direct dependence between the length of roads and increased revenues from transportation and storage of goods in the field of road transport, as well as between the length of roads and increasing employment in this area.

The Definition of Connecting Flight and Extraterritorial Application of Regulation (EC) No 261/2004: A Case Comment on Claudia Wegener v. Royal Air Maroc SA [2018] Case C-537/17 (EC 261/2004 규칙의 역외적용과 연결운항의 의미 - 2018년 EU사법재판소 Claudia Wegener v. Royal Air Maroc SA 판결의 평석 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.103-125
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    • 2020
  • This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.