• International Commerce and Information Review
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• v.7 no.3
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• pp.3-25
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• 2005

It is high time to prepare the online publication system of academic research paper. Online publications like digital research paper, e-Book, etc. are increased day by day as the information technology(IT) is developing continually. But, the legal aspect of publication system of academic research paper in Korea is not prepared yet. The purposes of this study are to examine the problems on the publication system of academic research paper in the context of digital goods and to frame a policy of legal proceedings in relation to the social science. The methodology used in this paper is theoretical analysis which is examining the case of academic research system and scientific journal in Korea. As a result of this study, following measures are suggested: (1) Legal provisions on the online publication system, that is, "Research Promotion Law of Korea" controlled by KRF(Korea Research Foundation) and MOE(Ministry of Education) should be revised. (2) Solution like software program and DB system proceeding the data on academic research paper should be prepared newly. (3) From the viewpoint of digital goods, both protecting the intellectual property right and settling the reliance upon online publication system should also be considered simultaneously.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.41-49
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• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• Journal of the Korean Society for Library and Information Science
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• v.34 no.1
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• pp.39-70
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• 2000

The government authorities holds a policy that they should impose a tax on the research funds which are judged to be profits from commercial research service among others provided for academic research and development fields. This study reveals the present condition of the research funds and suggests a counterproposal and legal complement. In concrete terms, the present condition of research funds in universities, the provisions concerned with them, opinions of Korean National Tax Service on the profits from them, problems following the provisions and policies, and the foreign taxation cases upon them are investigated. As a result, the counteract policy that research funds should be laid tax on with caution to clarify the criterion for judging whether a research service is commercial and noncommercial, and to supplement unprepared part of the legal propositions.

• International Journal of Computer Science & Network Security
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• v.22 no.9
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• pp.169-174
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• 2022

The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.3-26
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• 2010

In 2006, the UNCITRAL Working Group II started a new project on the revision of the UNCITRAL Arbitration Rules of 1976. Ever since that time, 9 sessions of the Working Group II were devoted to the discussions on such topic. The Arbitration Rules has been acknowledged to be used for settling international disputes involving various disputing parties. In recent years, many treaty-based arbitrations have been subject to the Arbitration Rules. This article focuses on the discussions made in the 52nd session of the Working Group II where the third reading of the revised draft of the Arbitration Rules was completed except for a few provisions. Among the draft rules, the delegations were hardly able to reach an agreement with regard to Articles 2(2), 34(2), 41(3), (4), and (6). It is expected that those provisions would be agreed in the coming 43rd plenary session of the UNCITRAL. The use of the Arbitration Rules is dependent on the agreement by the disputing parties. It is not like the UNCITRAL Model Law on International Commercial Arbitration which was adopted in Korean legal system in 1999. However, the proper functioning of arbitration rules is essential for the efficient and successful operation of the arbitration system in a particular country. That is the reason why we should keep close attention on the discussions of the UNCITRAL with regard to the revision of the Arbitration Rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.171-195
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• 2015

The large increase in RTAs since the late 1980's has challenged the foundations of the multilateral trading system, and thereby has become an axis in the GATT/WTOsystem.While RTAs can be seen to be contradictory to the overall aim of the WTO, they were allowed for in Article XXIV of GATT conditional to certain provision. The failure of compliance and subsequently enforcement of these provisions could be seen as a serious flaw of Article XXIV since the inception of GATT system. Many elements of GATT Article XXIV are not clear and thus lead to divergent interpretations of its disciplines. This considerable divergence in opinions arise from both ambiguities throughout the provisions under GATT Article XXIV. In this regard, both economic and legal work is required to keep up with constantly changing nature of the world trading system. Further, global efforts are required to resolve another teething issue of WTO's problematic institutional framework on GATT/WTO's oversight and surveillance of RTAs. and thereby strengthen the multilateral trading system. Needless to say, theGATT/WTOframework has been essential in paving the way for RTAs while ensuring a more multilateral and liberal trading system. Consequently, global efforts should be made to restructure the WTO for the renewed multilateral trade liberalization in the GATT/WTO.