• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.25 no.2
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• pp.165-175
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• 2007

Nowadays, architecture in urban areas is dominated by the goal of spanning wide spaces and creating openings large enough to distribute daylight to building interiors. Daylight availability of building in city strongly depends not only on the building's height but also on spaces between buildings. Recently numbers of disputes over the daylight availability are increasing in high density developed areas because residents' demand for pleasant residential environment is getting stronger. Therefore in this study we constructed the three-dimensional information of buildings using LiDAR data connected with digital map and then suggested conclusions by applying it to daylight availability analysis. This study presents an approach to judge accurately the violation of a right to enjoy sunshine by using altitude and azimuths of the sun, simulating three-dimensional urban space precisely, and classifying the total duration of sunshine and the continuous duration of sunshine each householder. We expect that local government performs precisely the confirmation and permission business about urban planning and design by advising this approach.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.99-125
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• 2014

The purpose of this paper is to introduce the arbitral proceeding system in Indonesia. Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law). Also, the Indonesian National Board of Arbitration (BANI) is the main arbitration body in Indonesia. BANI handles both domestic and international disputes. BANI has published its Rules of Arbitral Procedure (the BANI Rules). Within a period of not longer than 30 days after receiving the petition for arbitration, the respondent must submit its reply. Also, if the respondent wishes to assert against the claimant a counter-claim in connection with the dispute, the respondent may submit such counter-claim together with its statement of defense no later than the first hearing. This paper suggests that the following may be some of the disadvantages to using arbitration under the BANI Rules. The first is that final decision or approval regarding the designation of all arbitrators shall be in the hands of the Chairman of BANI. It is the chief problem facing the international stream of arbitration systems. The second is that arbitrators must have certain minimum qualifications. BANI Rules provide the same requirements for the qualifications of the arbitrators as the Arbitration Law. The third is that the BANI Rules require arbitrators in BANI-administered references to be chosen from BANI's list of arbitrators. BANI can also consider a recognized foreign arbitrator if the foreign arbitrator meets the qualification requirements and is prepared to comply with the BANI Rules. This includes the requirement that the appointing party must bear the travel, accommodation, and other special expenses related to the appointment of the foreign arbitrator.

• International Commerce and Information Review
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• v.17 no.3
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• pp.3-27
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• 2015

As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

• International Commerce and Information Review
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• v.19 no.3
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• pp.215-235
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• 2017

The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

• Journal of Korea Game Society
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• v.11 no.4
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• pp.73-91
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• 2011

This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.

• Strategy21
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• s.32
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• pp.97-122
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• 2013

The basic stance of the Republic of Korea Ministry of Foreign Affairs was 'quiet diplomacy'. However, there had been demands for specific plans for practical protection of Dokdo. In 2011, Prime Minister Kim Hwang Sik mentioned that they are reviewing measures of stationing marines on Dokdo, while on August 10th, 2012, former president Lee Myung Bak visited Dokdo. The visit itself was meaningful as he was the first supreme commander to visit Dokdo. This paper studies on the necessity of naval power on Dokdo to maintain its effective control. The effective control must be done by a national organization in a peaceful and unimpaired method. If so, can stationing naval power, whether directly or indirectly, on Dokdo be considered a violation of 'peaceful' method? A 'peaceful' effective of control meas the right of sovereignty over a territory without other country's protest. In such terms, protecting a territory falls under practicing the right of sovereignty, and therefore does not violate 'peaceful'. In addition, looking at international cases such as Ligitan/Sipadan Case and Pedra Blanca Case, evidences such as 'navy activity', 'flyng ensign', and 'military communication facility installation' was used. In ter case of Yemen-Eritrea dispute over Hanish, methods on effective control over island and sea was also ruled by the installation of military posts and military surveillance activities. Thus, stationing naval power on Dokdo can be a way of maintaining effective control per international law. To station naval poer on Dokdo, Presidential Instruction 24 integrated Defense Guideline Enforcement Ordinance, which is domestic law, must be revised. Reason being, the Enforcement Ordinance states that the navy area of responsibility excluded Ullundo, where Dokdo is under jurisdiction of Ullungdim thus excluding navy control. In addition, considering the diplomatic situation, it is more fut to install navy radar site on Dokdo rather than 'stationing marines'. In other words, enforcing surveillance in the vicinity of Dokdo and installing radar site instead of stationing direct combatants is one way of practicing effective control without stimulating diplomatic disputes.

• Journal of the Korean Society for information Management
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• v.24 no.3
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• pp.321-341
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• 2007

It will be possible to prevent the infringement of the trademarks and the insueing disputes regarding the originality of the trademarks by using an efficient content-based trademark image retrieval system. In this paper, we describe a content-based image retrieval system using the Self Organizing Map(SOM) algorithm. The SOM algorithm utilizes the visual features, which were derived from the gray histogram representation of the images. In addition, we made the objective effectiveness evaluation possible by coming up with a quantitative measure to gauge the effectiveness of the content-based image retrieval system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.71-91
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• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.11
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• pp.6669-6675
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• 2014

An invention produced through research by a professor at a university is an employee invention, and the industrial academy cooperation foundation of the university has the right to obtain a patent. The professor, in return, obtains the right to receive reasonable compensation for that invention. Research was carried out mostly by the cooperation and participation of students rather than the solitary performance of the professor. The contributory portion of the student to an invention can be treated as an employee invention, but occasionally it is considered a free invention. Therefore, the unilateral succession to the right to obtain a patent to the industrial academy cooperation foundation highlights the potential disputes between the university and students in the future. Therefore, in this study, the intellectual properties management codes of 80 universities were reviewed and analyzed for any possible problems and the appropriate directions to the codes' amendments are suggested.