• Title/Summary/Keyword: Exclusive Right

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A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels (불법조업 중국어선에 대한 해양경찰의 단속에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.49-58
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    • 2014
  • The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

Quantitative EEG research by the brain activities on the various fields of the English education (영어학습 유형별 뇌기능 활성화에 대한 정량뇌파연구)

  • Kwon, Hyung-Kyu
    • Journal of the Korean Data and Information Science Society
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    • v.20 no.3
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    • pp.541-550
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    • 2009
  • This research attempted to find out any implications for strategies to design and develop the connections between the activities of the brain function and the fields of English learning (dictation, word level, speaking, word memory, listening). Thus, in developing the brain based learning model for the English education, attempts need to be made to help learners to keep the whole brain toward learning. On this point, this study indicated the significant results for the exclusive brain location and the brainwaves on the each English learning field by the quantitative EEG analysis. The results of this study presented the guidelines for the balanced development of the left brain and the right brain to train the specific site of the brain connected to the English learning fields. In addition, whole brain training model is developed by the quantitative EEG data not by the theoretical learning methods focused on the right brain training.

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A Comparative Study of The Health laws in North Korea and South Korea. (남북한 보건의료관계법규 비교분석;보건의료자원 중 시설과 인력을 중심으로)

  • Kim, Joo-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.4 no.2
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    • pp.321-349
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    • 1998
  • Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

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A Study of the Relations between the Profession and the State: Focusing on the Korean Oriental Medicine Doctors' Organization (전문직과 국가의 관계 -한국 한의사 조직을 중심으로-)

  • Eam Hyun Sup;Lee Hyun Ji;Shin Soon Shik
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.16 no.1
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    • pp.58-61
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    • 2002
  • The degree of doctors' autonomy is decided by the relations between the profession and the state. The exclusive right required by doctors is based on knowledge, but it is most often decided by the relations between the profession and the state. The critical factor affecting the status of the medical profession is the span of its control on medical related areas. Therefore, the status of doctors depends on the degree of institutionalization and the span of their control. The status of Korean Oriental Medicine doctors has been largely affected by the governments medical policies. The dramatic change of the status of Korean Oriental Medicine in modern Korea dearly shows the effects of medical policy on the status of a medical system. Under the plural medical system every medical group lobbies for more favorable medical policies. Korean Oriental Medicine doctors have secured an enhanced status in government and expanded the range of medical insurance coverage. Also, they have accomplished the standardization of knowledge in their efforts to expand it. These achievements are the most important aspects of the professionalization of Korean Oriental Medicine. Therefore, we can conclude that the conflicts between Korean Oriental Medicine doctors and government representatives have had significantly positive effects on the professionalization of Korean Oriental Medicine.

A Study on the Flat Woven Textile Design used of the Jacquard Fabric Simulation in Textile Design CAD - Focused on the Abstract Image of Textile Design in Interior Fabric Design - (텍스타일 CAD의 직물 시뮬레이션을 활용한 자카드 직물디자인 연구 - 꽃의 추상적 이미지를 응용한 인테리어 직물디자인을 중심으로 -)

  • Song, Ha-Young
    • Journal of the Korea Fashion and Costume Design Association
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    • v.9 no.2
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    • pp.49-57
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    • 2007
  • The purpose of this study was to research the efficient tool of the exclusive fabric simulation in Jacquard Textile CAD system. For performing this design study, it designed the surface design of the abstract images of flowers through EAT Designscope CAD system and simulated the interior fabric. To merchandise the fashion items and see the visual image, these fabric simulations was effected by two or three-dimension modeling through EAT designscope, YongWoo CNI, Alias and so on. The result of this study can be summarized as follows. Before the step of weaving the samples from the surface design works, jacquard fabric design can be done very efficiently to apply the design step of the fabric simulation in CAD(Computer Aided Design). As the usage of the simulation tool in CAD system, jacquard design can be easily feed-back to modify for the right fabrics and produced the various designs in the short running time very efficiently. Therefore, this jacquard design system ultimately can be saved cost and developed the higher value-added goods in more response to consumer demands.

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A Study on the Remedies in Digital Information Transaction - Focusing on the urn A Part 8 - (디지털정보거래에 있어 계약위반에 대한 구제에 관한 연구 - UCITA 제8장을 중심으로 -)

  • Han, Byoung-Wan;Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.79-98
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    • 2010
  • The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

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Evaluation on the Outcome of International Deep Seabed Mining Regime and Its Prospect (심해저 광물자원 개발제도의 운영결과 분석 및 향후전망)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.27 no.1
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    • pp.97-108
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    • 2005
  • The International Seabed Authority (ISA) formally came into existence upon the entry into force of the UNCLOS on 16 November 1994. By adopting the Implementing Agreement in 1994, UNCLOS has the universality as a Magna Carta of International Ocean Regime, and the Deep Seabed Mining Regime could be operated as a unique one for the benefit of mankind. During last 10 years, ISA established the institutional framework successfully and made substantial and tangible progress in formulating the rules, regulations and procedures for the prospecting and exploration for polymetally nodules. Furthermore, RPI's obligations had been carried out completely, and the 7 RPI made contract with ISA to become a contractor who has an at least 15 you exclusive right for exploration in their allocated site. However, due to the uncertainty of commercial mining, the number of representatives from developing countries has been getting looser and looser and ISA has a problem of quorum of the Assembly. Land-based producers took a very strong opposite position to the contractors to make their loss in the minimum level. For the next decade, it might be prospected that ISA will focus on monitoring the contractor's activities, making rules, regulations and procedures for exploration on cobalt rich crust, sulphide and methane hydrate and implementing environment studies.

A Study on Unseaworthiness and Exclusive Right of Insurer on It (감항 능력 부족과 보험자의 면책 특권에 관한 해석론적 고찰)

  • Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.45-57
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    • 1994
  • One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

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A Study on legislation for Bimodal Tram Construction and Operation (바이모달 트램 도입을 위한 제도 개선 연구)

  • Min, Jae-Hong;Chung, Byung-Hyun;Shin, Hae-Mi
    • Proceedings of the KSR Conference
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    • 2009.05a
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    • pp.1799-1804
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    • 2009
  • Bimodal Tram is spotlighted for alternative public transportation system which have punctualness, efficiency, and convenience running between capacity of bus and light rail transit. It have the advantage of automatic operation system when it runs at exclusive right-of-way as like as railway, runs as same as a bus at road concurrently. However, concrete construction plan is not established since the law as well as government subsidy are not defined. For activating bimodal tram construction, this paper analyzed as below. 1) understanding obstacles of activating construction through current status of local governments' bimodal tram promotion plan, 2) finding essential elements for legislation through transportation mode characteristics comparison and system rules analysis, 3) related foreign law analysis.

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Constructing Strong Identity-Based Designated Verifier Signatures with Self-Unverifiability

  • Ki, Ju-Hee;Hwang, Jung-Yeon;Nyang, Dae-Hun;Chang, Beom-Hwan;Lee, Dong-Hoon;Lim, Jong-In
    • ETRI Journal
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    • v.34 no.2
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    • pp.235-244
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    • 2012
  • An identity-based strong designated verifier signature scheme provides restricted verifiability only for a verifier designated by a signer and proper privacy for the signer. In this paper, we show that strong designated verifier signature schemes do not satisfy the self-unverifiability requirement in the sense that not only exposure of the verifier's secret key but also of the signer's secret key enables an attacker to verify signatures, which should have been the exclusive right of the verifier. We also present a generic method to construct a strong identity-based designated verifier signature scheme with self-unverifiability from identity-based key encapsulation and identity-based key sharing schemes. We prove that a scheme constructed from our method achieves unforgeability, non-transferability, and self-unverifiability if the two underlying components are secure. To show the advantage of our method, we present an example that outputs short signatures and we analyze its performance.