• Journal of Digital Convergence
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• v.16 no.8
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• pp.71-79
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• 2018

This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

• Analyses & Alternatives
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• v.2 no.1
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• pp.31-69
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• 2018

This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.115-131
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• 2017

The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

• Journal of the Korean Institute of Navigation
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• v.9 no.2
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• pp.65-97
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• 1985

According to the report prepared by Legl Committee of IMO, 1978, since the disaster of motor tanker Amoco Cadiz carrying approximate 220, 000 tons of crude oil was wrecked on the coast of France and damaged the largest oil pollution accident in shipping history, Legal Committee of IMO has studied and discussed a new Salvage Convention with assistance of CMI. CMI has prepared a new draft convention under the chairmanship of professor Erling Chr. Selvig and adopted it as a report of CMI to IMO in the 32 Internaltional Conference of CMI, Montreal, May, 1981. This paper has been written to study comparatively andinterprete the questions and/or considerations of the new draft convention by the delegates participated in the Legal Committee of IMO in particular on the private legal view of it. This Salvage Convention Draft has not yet been deliberated thoroughly to agreed the revisiion of the 1910 Convention in accordance with CMI Report 1981 until session 54, March 1985. Therefore this paper has been prepared in the light of the comments made at the Legal Committee in order to interpret the legal questions and contents of the new draft.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.31-53
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• 2022

This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.139-160
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• 1999

International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

• Journal of Digital Convergence
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• v.18 no.4
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• pp.101-112
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• 2020

This study aims to discuss the current status of the ride-sharing platform industry, which embodies the core values of the 4th Industrial Revolution, sharing and connectivity, as well as economic, industrial, and legal issues. To understand the position of competing groups, the research conducted extensive literature reviews on domestic and international cases of technical and legal issues of the sharing economy. The result indicates that the ride sharing industry showed the economy of synthesis in which production, supply, distribution, and consumption are on one platform. It made possible to share values to users and synthesize them with new services through easy-access mobile application technology. To resolve the conflicts between the taxi industry and the ride sharing industry, this study suggests the following: Ride-sharing companies should make contributions to provide legitimate services. The taxi industry needs to understand the value of the new industry and consumers who chose the shared platform service. The significance of the current study is that it proposed a comprehensive analysis and policy direction toward the issue of balance between public and private interests and legal stability.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.320-326
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• 2022

The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.37-75
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• 2020

There have been affluent studies on the development of new drugs and these efforts have been crystallized into a separate field of pharmacology. Yet, a normative analysis pertinent to the development of new medicine is still in a dire need, except for studies regarding medical ethics. This piece of work aims to contemplate on the legal issues concerning the development of new drug, encompassing each and every stage of the development. In order to maximize the practicability of the research method adopted as aforementioned, this work strives to analyze the developing process of COVID-19 vaccine. The first step would be to introduce the developmental stages of inventing a new drug, especially that of a COVID-19 vaccine. After then, legal issues related to each developmental stage would be discussed. Henceforth, the legal analysis would contribute to predicting upcoming legal complexities and will be able to offer normative implications for the invention of new medicines.

• Journal of the Korean Society for information Management
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• v.16 no.1
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• pp.31-48
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• 1999

This study examined issues of copyright relating to digitization of bibliographic data, copyrighted works, factual data, and manpower's data that the library have. It analyzed issues of copyright relating to the use of digital works and linking. Also It investigated legal issues related information service for user in the library and digital transmission service on need of user out of the library. Finally. this paper proposed basic task for solving issues of copyright in the context of digital libraries.