• The Journal of the Korea Contents Association
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• v.12 no.9
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• pp.202-210
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• 2012

Since Civil Law recognizes the freedom of a testament, it recognizes the freedom allowing the decedent to dispose his/her own property at his/her own intention. However, in order to prevent various abuses which may occur when the principle of freedom of testament is carried out unlimited, secured portion system is stipulated. So, absolute freedom of property disposed by the deceased is limited. Likewise, the secured portion system is introduced as the system to resolve the contradiction that exists between principle of freedom of testament and legal inheritance. Since Supreme Court Decision 2010DA50809 delivered on May 24, 2012 includes major legal issues such as how to exercise of claim of return for secured portions, transfer of the secured proportion or the claim of return for secured portions, and exercise of claim of return for secured portions against a third party. So, it has a very important meaning. In this paper, legal issues regarding the exercise of claim of return for secured portions have been reviewed with this decision.

• Journal of Venture Innovation
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• v.2 no.2
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• pp.127-140
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• 2019

A stock valuation on the tax law is based on the valuation by market price. But, unlike the listed stocks, the unlisted stocks mostly have the unclear market price. Accordingly, it is necessary to calculate the fair value which corresponds to the market price. The purpose of this paper is to examine the appropriateness of the complementary valuation method in the Inheritance Tax and Gift Tax Act and to provide suggestions for improvement. This study is intended to provide the problems and solutions relating to the valuation of unlisted stocks through analysis of foreign legal systems and actual disputes. When the actual profit/loss data are used to calculate the net profit/loss value on the present regulations, it has the different weight on the latest 3 years' net profits and losses uniformly. Therefore, to extend the range of unlisted stocks valuation and to show the independent and high professionalism of appraisal council not the subsidy appraisal agency of the National Tax Service, it is necessary to change the current rule that the commissioner of the National Tax Service unilaterally appoints the private members into the method of public offering.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.532-536
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• 2009

Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

• Journal of Korean Association for Spatial Structures
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• v.17 no.4
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• pp.59-68
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• 2017

This paper aims at finding some lessons applicable to successful implementation of 'The 3D Printing R/D Project' through both examining the process of adopting overseas industrialized housing production technological knowhow by home builders during the 1970's~1980's period and thereafter until now the various efforts to adjust the technologies efficiently to the Korea's unique situation. Some meaningful lessons can be summarized as follows; I) Deep understanding of 3DP technological know-why along with its inheritance, II) Readjusting of R/D period and goals(cf. Global leader Winsun's 15 years experiment), III) Restructuring for more collaborative R/D B&E system among participating researchers IV) Fostering 3DP expert-engineers and technicians from the early stage, V) Clearing legal barriers in users' adopting 3DP methods necessary, VI) Development of appropriate building material besides concrete. Therefore, it is highly recommended that the above-mentioned 6 lessons positively accepted and applied to the Research Implementation Plan in due course, especially by KICT consortium and KAIA under the guidance of Ministry of Land, Infrastructure and Transport.

• Journal of Digital Convergence
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• v.13 no.5
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• pp.61-67
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• 2015

In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

• The Journal of the Convergence on Culture Technology
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• v.8 no.5
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• pp.669-676
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• 2022

Non-fungible tokens (NFTs) have the advantage of being able to reliably manage details after minting, but how can ideas be protected before being converted to NFTs? The use of NFTs to increase the value of digital assets is increasing, but the problem of creating and selling NFTs without the consent of the creator is also increasing. Existing methods for protecting creators include a method of using a traditional authentication system and a method of using a social network, but each has limitations. Therefore, in this study, an identity token utilization method is proposed as a way to supplement the existing limitations. When an identity token is used, a certified NFT is issued through an existing identity authentication authority, so the verification of the authenticity of the token becomes clear. In addition, in inheritance and transfer, it becomes possible to respond to legal problems related to the transfer of creative rights.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.163-199
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• 2010

A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

• Korea and Global Affairs
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• v.1 no.2
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• pp.5-32
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• 2017

5.18 Gwangju Democratization Movement was approved as a legal democratization movement by president Kim Young Sam in May 1993 and was approved as a global recording inheritance by UNESCO in May 2011 for the honor of Gwangju citizens to be restored. However, assessment on this until today after 35 years of occurrence is not nationally unified and the mind of Gwangju maybe only remembered as pride by Gwangju. There are several factors of this continuing situation but this researcher thinks the biggest factor is that professionals reanalyzing the truth ascertainment fitting spirit of the times who are in charge of citizen education are intensively distributed in Jeolla-do and Seoul. Moreover, the journal unlikely assessing 5.18 have enemies in the assailant area during activity that unity is not taking place with divided assessments and trapped in Honam. This study judges that the reason the meaning of 5.18 is trapped in Honam and not nationally unified is because of the limit of "adversary system." Especially researchers who should analyze and explain this incident in a objective views are bias distributed (Gwangju Jeolla-do> Seoul>Gyeongnam) in hometown areas that the possibility of 5.18 meaning not being unified was focused. Academic research studies, journal writers, and publication locations are divided in this study to reveal they are bias distributed and reveal that there is possibility that this biased distribution of researches are becoming obstacles in overcoming regionality.

• The Korean Journal of Archival Studies
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• no.72
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• pp.165-203
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• 2022

Many people create records in digital space, and the amount of digital records left after individual dies has increased. The digital record left by the deceased is different from the record heritage that has physical substances. In many cases, the records of the deceased not just belong to the deceased, and many deceased did not explicitly disclose their online accounts and method of dispose of digital records during their lifetime, so this problem may lead to problems of inheritance to the bereaved family. In addition, digital records may be neglected or deleted after a person's death due to software problems, specific platform's terms of use, account deletion by bereaved family, etc. This leads to the problem that daily records, which are important clues to the social aspects at the time, are easily lost. Several studies have revealed that individuals are interested in preserving their digital records, but do not know how to do it, so they are benign neglect. For this reason, it is necessary to pay attention to personal digital records and personal digital legacy, and to prepare related policies and plans. Accordingly, this study analyzes problems related to the management of digital records after an individual's death, related to laws and systems, the status and policies of platforms and industries, the status of personal record management, etc. Various solutions were suggested, such as a need for enactment for digital personal record management act, platform's explicit policy for individual's post-mortem records, digital records management plan for archival institutions, individual's a preemptive management plan for his/her own records, and a method for writing a will related to digital account information.

• Journal of Science and Technology Studies
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• v.5 no.1 s.9
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• pp.55-92
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• 2005

The factors contributing to the formation of an important scientific concept in South Korea and its circulation in the society are the scientific knowledge that had been already formed, matured, and established in the U.S.A, Europe and Japan and has been introduced into Korea, and the institutions that have been formed during the recent modernization in South Korea. The concept of 'genetic information' cannot be an exception in this context. The concept of genetic information is the one that has been extended and intensified by the genomics and bioinformatics formed and matured through the Human Genome Projects from the former concept of inheritance or heredity within the framework of classical and molecular genetics. The purpose of this study was to find out 'how the production structure of genetic information in South Korea has been formed', under the perspective of the conceptual, epistemic, and institutional holisticity or integratedness in the concept and knowledge production structure idealized in Western advanced nations. The discourse of genetic engineering popular in the mid 1980's in South Korea has catalyzed the development of molecular biology. However, the institutional balance that had been established for the biochemistry departments in Natural Science College and Medical College was not formed between the genetic engineering and genetics departments in South Korea. Therefore, they were unable to achieve the more integrative and macro-level disciplinary impact on life sciences, largely due to institutional lack of the capable (human) genetics departments in some leading Korean colleges of Medicine. In genomics, the cutting-edge reprogramming and restructuring of the traditional genetics in the West, South Korea has not invested, even meagerly, in the infrastructure, fund, and research and development (R & D) for the Basic or First Phase of the research trajectory in the Human Genome Project. Without a minimal Basic Phase, the genomics research and development in Korea has been running more or less for the Advanced or Second Phase. Bioinformatics has started developing in Korea under a narrow perspective which regards it as a mere sub-discipline of information technology (IT). Having developed itself in parallel with genomics, bioinformatics contains its own unique logics and contents that can be both directly and indirectly connected to the information science and technology. As a result, bioinformatics reveals a defect in respect of being synergistically integrated into genetics and life sciences in Korea. Owing to the structural problem in the production, genetic information appears to be produced in a fragmented pattern in the Korean society since its fundamental base is weak and thin. A good example of the conceptual and institutional fragmentedness is that 'the genetics of individual identification' is not a normal integrated part of the Korean genetics, but a scientific practice exercised in the departments of legal medicine in a few Medical Colleges. And the environment contributing to the production structure of genetic information in South Korea today comprises 'sangmyung gonghak'(or life engineering) discourse and non-governmental organization movement.