• Title/Summary/Keyword: Legal aspects

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A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods- (국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 -)

  • Jeong, Hee-Jin
    • Korea Trade Review
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    • v.42 no.1
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    • pp.27-45
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    • 2017
  • A new phenomenon in recent trade is the rising interest in the trade of product production and manufacturing methods themselves, unlike in the past, when the interest was focused on the trade of tangible goods. That is, technology is considered as the object of trade instead of a simple element of production as "technology itself is commercialized". The broad meaning of technology encompasses all the property of knowledge with economic value. Its narrow meaning refers to technology used to produce and manufacture goods. Technologies have features such as no forms, heterogeneity, accumulation of value and extinction of right. The trade of technology commands different styles and content from that of tangible goods due to their unique characteristics; and accordingly, has various risk factors. In other words, technology can be traded in various ways according to commercial objectives including licensing, technical partnership, and joint investment in addition to general trading. The specific forms of technology transfer strategies depend on the purposes and situations between corporations. In case of technical trade with any form, the parties should be cautious about the following practical aspects: First, the contract should clearly define the scope and transfer method of technology. It is a very important matter how the provider of technology will provide the user of technology with abstract technology with no substantiality. Second, a monopoly on technology recognized as intellectual property rights is granted to their inventors for some periods of time, but anyone can have access to that technology after the term of existence. Thus, it is important to check the terms of existence of a patent as well as the terms of contract. Third, the user of technology should fulfill his confidentiality obligation to prevent the technology of the provider from being leaked to a third party unjustly. Fourth, the provider of technology should make a contribution to the successful implementation of the technology by the user as well as provide the licensed technology. Finally, a model contract is recommended to minimizing the legal hiatus of complex technology transfer trade when concluding a contract.

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A Study on the Ritual of Exorcism Play and Mask Play - Based on Victor Turner's theory of social drama (굿놀이와 탈놀이의 제의성 고찰 -빅터 터너(V. Turner)의 사회극 이론을 바탕으로)

  • Yang, Jin-Young
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.581-607
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    • 2019
  • Noting that exorcism play and mask play are different in their ritual nature, this paper aims to examine their ritual through the social drama theory of Victor Turner, a cultural anthropologist. Turner views every incident in human history as a social drama and interprets it based on the four-step structural theory of breach, crisis, redressive action, and reintegration. In particular, he believes that the redressive phase takes place through a ritual solution rather than a legal or political solution in the village community. Based on such Turner's theory, Chapter 2 analyzes Yeonggamnori, Jeju's typical exorcism play, and explains the process leading to reintegration in accordance with peaceful ritual. Chapter 3 then analyzes the Puppet Play on the same principle and examines that redressive action is being resolved through a sacrificial ritual in the case of this play. Chapter 4 checks whether the results from the previous two plays show similar aspects in other traditional plays. To this end, the exorcism play will be analyzed for Jeju's Seocheon Flower Play, Junsangnori, Segyeongnori and Sanshinnori, while the mask play will include Bongsan Mask Dance, Yangju Byeonsandae Play, Goseong Ogwangdae and Hahoe Mask Dance. As a result of these studies, it is the main point of the study to prove that exorcism play and mask play are different in their ritual nature. However, this research is only in the stage of seeking differences in its ritual, and the review on the historical and social causes of differences is left as a research task at a later date.

Location Classification and Its Utilization for Illegal Parking Enforcement: Focusing on the Case of Gyeonggi (불법주정차 단속을 위한 지역(장소) 분류 및 활용 방안: 경기도를 중심으로)

  • Hyeon Han;So-yeon Choe;So-Hyun Lee
    • Information Systems Review
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    • v.25 no.4
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    • pp.113-130
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    • 2023
  • Due to economic development and increasing gross national income, the number of automobiles continues to rise, leading to a serious issue of illegal parking due to limited road conditions and insufficient parking facilities. Illegal parking causes significant inconvenience and displeasure to people and can even result in accidents and loss of lives. The severity of accidents and their consequences, related to the growing number of vehicles and illegal parking, is escalating, particularly in the metropolitan areas. Consequently, efforts are being made to address this problem as a cause of social issues and come up with measures to reduce illegal parking. In particular, half of the public complaints in the metropolitan area are related to illegal parking, and the highest physical and human damage occurs in Gyeonggi. Thus, this study aims to use machine learning techniques based on data related to illegal parking in Suwon city, Gyeonggi, to categorize regional characteristics and propose effective measures to crack down on illegal parking. Additionally, practical, social, policy, and legal measures to decrease illegal parking in the metropolitan area are suggested. This study has academic significance in that it solved the problem of illegal parking, which is mentioned as one of the social problems that cause traffic congestion, by classifying regional characteristics using K-prototype, a machine learning algorithm. Furthermore, the results of this study contribute to practical and social aspects by providing measures to decrease illegal parking in the metropolitan area.

Non Face-to-Face Treatment and Not-informed Medication to Persons with Mental Disorders (정신질환자에 대한 비대면진료 및 비고지투약 -치료적 대화의 복원을 위한 모색적 고찰-)

  • Jung, Sangmin
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.149-192
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    • 2024
  • People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil. Even considering realistic aspects such as the special nature of mental health care and families' suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused. Japan's Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.

Analysis of major issues in the field of Maritime Autonomous Surface Ships using text mining: focusing on S.Korea news data (텍스트 마이닝을 활용한 자율운항선박 분야 주요 이슈 분석 : 국내 뉴스 데이터를 중심으로)

  • Hyeyeong Lee;Jin Sick Kim;Byung Soo Gu;Moon Ju Nam;Kook Jin Jang;Sung Won Han;Joo Yeoun Lee;Myoung Sug Chung
    • Journal of the Korean Society of Systems Engineering
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    • v.20 no.spc1
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    • pp.12-29
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    • 2024
  • The purpose of this study is to identify the social issues discussed in Korea regarding Maritime Autonomous Surface Ships (MASS), the most advanced ICT field in the shipbuilding industry, and to suggest policy implications. In recent years, it has become important to reflect social issues of public interest in the policymaking process. For this reason, an increasing number of studies use media data and social media to identify public opinion. In this study, we collected 2,843 domestic media articles related to MASS from 2017 to 2022, when MASS was officially discussed at the International Maritime Organization, and analyzed them using text mining techniques. Through term frequency-inverse document frequency (TF-IDF) analysis, major keywords such as 'shipbuilding,' 'shipping,' 'US,' and 'HD Hyundai' were derived. For LDA topic modeling, we selected eight topics with the highest coherence score (-2.2) and analyzed the main news for each topic. According to the combined analysis of five years, the topics '1. Technology integration of the shipbuilding industry' and '3. Shipping industry in the post-COVID-19 era' received the most media attention, each accounting for 16%. Conversely, the topic '5. MASS pilotage areas' received the least media attention, accounting for 8 percent. Based on the results of the study, the implications for policy, society, and international security are as follows. First, from a policy perspective, the government should consider the current situation of each industry sector and introduce MASS in stages and carefully, as they will affect the shipbuilding, port, and shipping industries, and a radical introduction may cause various adverse effects. Second, from a social perspective, while the positive aspects of MASS are often reported, there are also negative issues such as cybersecurity issues and the loss of seafarer jobs, which require institutional development and strategic commercialization timing. Third, from a security perspective, MASS are expected to change the paradigm of future maritime warfare, and South Korea is promoting the construction of a maritime unmanned system-based power, but it emphasizes the need for a clear plan and military leadership to secure and develop the technology. This study has academic and policy implications by shedding light on the multidimensional political and social issues of MASS through news data analysis, and suggesting implications from national, regional, strategic, and security perspectives beyond legal and institutional discussions.

A Study to Improve the Trustworthiness of Data Repositories by Obtaining CoreTrustSeal Certification (CoreTrustSeal 인증 획득을 통한 데이터 리포지토리의 신뢰성 향상을 위한 연구)

  • Hea Lim Rhee;Jung-Ho Um;Youngho Shin;Hyung-jun Yim;Na-eun Han
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.245-268
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    • 2024
  • As the recognition of data's value increases, the role of data repositories in managing, preserving, and utilizing data is becoming increasingly important. This study investigates ways to enhance the trustworthiness of data repositories through obtaining CoreTrustSeal (CTS) certification. Trust in data repositories is critical not only for data protection but also for building and maintaining trust between the repository and stakeholders, which in turn affects researchers' decisions on depositing and utilizing data. The study examines the CoreTrustSeal, an international certification for trustworthy data repositories, analyzing its impact on the trustworthiness and efficiency of repositories. Using the example of DataON, Korea's first CTS-certified repository operated by the Korea Institute of Science and Technology Information (KISTI), the study compares and analyzes four repositories that have obtained CTS certification. These include DataON, the Physical Oceanography Distributed Active Archive Center (PO.DAAC) from NASA, Yareta from the University of Geneva, and the DARIAH-DE repository from Germany. The research assesses how these repositories meet the mandatory requirements set by CTS and proposes strategies for improving the trustworthiness of data repositories. Key findings indicate that obtaining CTS certification involves rigorous evaluation of organizational infrastructure, digital object management, and technological aspects. The study highlights the importance of transparent data processes, robust data quality assurance, enhanced accessibility and usability, sustainability, security measures, and compliance with legal and ethical standards. By implementing these strategies, data repositories can enhance their reliability and efficiency, ultimately promoting wider data sharing and utilization in the scientific community.

Current Situation and Cooperation on the Metropolitan Airport between Korea and Japan (한국 및 일본의 수도권 공항의 현황과 협력)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.137-163
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    • 2007
  • The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

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Working Conditions, Job Satisfaction and Organizational Commitment of Physical Therapists (물리치료사의 근무실태와 직무만족 및 직장애착)

  • Ahn Soyoun;Kim Won-Joong;Huh Young-Bae
    • The Journal of Korean Physical Therapy
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    • v.14 no.4
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    • pp.308-322
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    • 2002
  • The main objective of this paper is to examine the working conditions of physical therapists and to investigate the level of job satisfaction and organizational commitment under different working conditions. A survey was conducted through structured questionnaire for the physical therapists working in Busan area, and data from 175 therapists were utilized in the final analysis. Survey items included general characteristics of the therapists(sex, age, education, marital status, religion, income, career years, etc.), their working conditions(kinds of organizations they work in, location of PT room, weekly working hours, average number of patients, number of co-workers, equipments/facilities, etc.), and organizational effectiveness measured in terms of job satisfaction and organizational commitment. Major results are as follows: 1) As for the general characteristics of the surveyed physical therapists, male(51.4$\%$) slightly exceeded female(48.6$\%$) and majority(more than 90$\%$) was 20-39 in age. Also, there were more single(57.7$\%$) than married(42.3$\%$), and 54.9$\%$ of the respondents had religion while 45.1$\%$ did not. In terms of the ranks in their organizations, only a few of them(6.9$\%$) were managers, and monthly salary mostly ranged from $\₩$1,000,000 to $\₩$2,500,000. More than half of them worked in various kinds of hospitals, with the remaining in health centers or social welfare institutions. 2) In regard to the working conditions of the respondents, 19.4$\%$ of PT rooms were located in basement areas while the remaining 80.6$\%$ in first to third floors. 34.3$\%$ of them treated 15 patients or less per day, whereas 25.1$\%$ treated 31 patients or more. Also, 52$\%$ recorded physical therapy charts periodically. As for the equipments and facilities, 25.1$\%$ felt 'sufficient' and 40$\%$'insufficient.' 3) The respondents provided various kinds of suggestions for the improvement of their working conditions, where the most important were 'salary raise' and 'reduction of working hours.' In addition, their requests to the PT Association included 'permission of opening of independent practice,' 'permission of legal specialty,' and 'vitalization of the Association.' 4) The comparative analysis of job satisfaction and organizational commitment among different characteristics of the respondents revealed that there was no significant difference between male and female, but in terms of age, the group of 40 or older was highest in both aspects. Besides, therapists who had 15 or more years of hospital career reported higher job satisfaction and organizational commitment than the others. It was also found that the level of organizational commitment increased as the rank of the respondents got higher. There were no significant differences in terms of marital status and religion. 5) Comparison with regard to working conditions showed that therapists employed in university hospitals, health centers and social welfare institutions felt higher job satisfaction and organizational commitment than those in community hospitals and clinics. Also, respondents who worked in basement areas had significantly lower job satisfaction than otherwise. The length of weekly working hours did not really affect the level of job satisfaction, but it was important to maintain 'regular working hours' for the hospitals to improve the employees' organizational commitment. As for the number of patients per day, 'medium level' (21-25 patients) had highest scores in both aspects. And, finally, sufficiency of equipments and facilities was found to be important for the improvement of organizational commitment.

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A study on non-existence information of the information disclosure system : focused on the central administrative agencies (정보공개제도상의 정보부존재에 관한 고찰 중앙행정기관을 중심으로)

  • Kim, You-seung;Choi, Jeong Min
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.153-187
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    • 2015
  • This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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