• Title/Summary/Keyword: Legal works

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Legal Problem on the Clipping of the Photographic Works in the Social Media (소셜미디어에서의 사진저작물 스크랩에 관한 법률문제)

  • Jang, Yeon-Yi;Kim, Hee-Kweon
    • The Journal of the Korea Contents Association
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    • v.11 no.10
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    • pp.242-256
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    • 2011
  • The activity to share personal daily life through social media is becoming more common. In this case, photographs as well as text are used a lot; it has been as easy as winking to clip others' photographs just as it's very easy to take and post pictures. If the picture is the photographic work protected by the copyright law, however, the clipping should be paid close attention. If you use others' photographic works without authorization, you infringe their copyright; if you post them on your social media such as blog, you infringe the right of reproduction, interactive transmission and exhibition. Even though the clipping is permitted, if you'd like to use the photographic works for a profit-making purpose, you should get additional authorization. Others' photographic works are occasionally altered and used for the purpose of avoiding the argument in relation to the infringement of copyright; this act means that it's the infringement of the right of reproduction, the right to preserve the integrity and the right of the production of derivative works for degrees of alteration. We can download others' photographic works with a few mouse clicks thanks to the technology of capturing the screen; we have to recognize that all the acts technically possible are not always legal.

The Necessity of Separation of Dance Copyright in Copyright Law (저작권법상 무용저작권 독립의 필요성)

  • Kim, Hee-Kweon;Lee, Ru-Ra
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.130-136
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    • 2014
  • In national copyright law, dance is included in dramatic works. Considering the differences of conception of drama and dance or that of legal handling, however, it is reasonable that choreographic works be separated; so are the cases of many different developed countries. It is different that through lines emotion is communicated in drama but through physical movements in dance. Thus as dance is separated from dramatic works, it is possible to discuss unique qualities of choreographic works.

An Analysis of Web Services in the Legal Works of the Metropolitan Representative Library (광역대표도서관 법정업무의 웹서비스 분석)

  • Seon-Kyung Oh
    • Journal of the Korean Society for Library and Information Science
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    • v.58 no.2
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    • pp.177-198
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    • 2024
  • Article 22(1) of the Library Act, which was completely revised in December 2006, stipulated that regional representative libraries are statutory organizations, and Article 25(1) of the Library Act, which was revised again in late 2021, renamed them as metropolitan representative libraries and expanded their duties. The reason why cities and provinces are required to specify or establish and operate metropolitan representative libraries is that in addition to their role as public libraries for public information use, cultural activities, and lifelong learning as stipulated in Article 23 of the Act, they are also responsible for the legal works of metropolitan representative libraries as stipulated in Article 26, and lead the development of libraries and knowledge culture by serving as policy libraries, comprehensive knowledge information centers, support and cooperation centers, research centers, and joint preservation libraries for all public libraries in the city or province. Therefore, it is necessary to analyze and diagnose whether the metropolitan representative library has been faithfully fulfilling its legal works for the past 15 years(2009-2023), and whether it is properly providing the results of its statutory planning and implementation on its website to meet the digital and mobile era. Therefore, this study investigated and analyzed the performance of the metropolitan representative library for the last two years based on the current statutory tasks and evaluated the extent to which it provides them through its website, and suggested complementary measures to strengthen its web services. As a result, it was analyzed that the web services for legal works that the metropolitan representative library should perform are quite insufficient and inadequate, so it suggested complementary measures such as building a website for legal works on the homepage, enhancing accessibility and visibility through providing an independent website, providing various policy information and web services (portal search, inter-library loan, one-to-one consultation, joint DB construction, data transfer and preservation, etc.), and ensuring digital accessibility of knowledge information for the vulnerable.

A Study on the Improvement of the Legal System for Digital Transformation of the Construction Inspection Works (건축공사 감리업무의 체계성 강화를 위한 법제도 개선안 연구)

  • Kim, Su-Na;Kim, Young-Jin;Lee, Woong-Jong;Roh, Young-Sook
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.375-376
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    • 2023
  • In this study, the legal and institutional status of construction supervising and construction inspector was identified. As a result of examining the definitions of construction supervision terms, focusing on domestic construction-related laws, it was found that there were no consistency between each laws regarding 'terminology' and 'definitions'. In addition, the scope of construction inspector's work continues to expand through the delegation provisions to lower statutes, however, responsibility, authority, and inspection cost are not taken into account properly. In addition in order to introduce digital technology to the smart construction site, which is currently active under way, it is judged that the law and institutional contents need to be improved further.

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Legal Issues Relating to Artificial Islands, Installations and Structures in the Exclusive Economic Zone or on the Continental Shelf and Korea's Practice (국제해양법상 인공섬, 시설 및 구조물 제도의 쟁점과 우리나라의 입법태도에 관한 고찰 -배타적 경제수역 및 대륙붕을 중심으로)

  • Lee, Yong Hee
    • Ocean and Polar Research
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    • v.36 no.4
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    • pp.353-365
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    • 2014
  • Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

A Study on the Legal Issues Arising from Airline Lease Agreements and the Current Status on Private Jet Lease Agreements (항공기(航空機) Lease계약(契約)의 법적(法的) 문제와 Private Jet(자가(自家) 항공기(航空機)) Lease계약(契約)의 현황에 관한 연구(硏究))

  • Nam, You-Sun
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.17 no.2
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    • pp.52-61
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    • 2009
  • In Korea, there is great lack in jet lease agreements compared to many other countries. Due to such scarcity in numbers of jet lease agreements, problems have never truly surfaced and legal foundation dealing with such issues have not yet been formulated. However, as the globalization is making the world smaller and smaller, the demand for jets will grow. As the Korean aviation industry is expanding tremendously, although very preliminary at this time, the interest and actual execution on private jet lease agreements will grow. The prediction of increase in the private jet ownership is causing the lease industry to be nervous and may require particular preparatory foundation works. Particularly, legal analysis and detailed review maybe necessary to set a precedent with will serve as the grounded rule in the future. It is notable that Vietnam, a country which is believed have a less developed aviation industry than Korea, had already established a specialized jet leasing company, VALC in 2007. Also, when leasing an airplane from a foreign financial institution, it is possible to obtain a government issued guarantee. Therefore, it is urgent for Korea to prepare the legal foundation for the future demands in aviation leasing, as well as private jet leases which in turn would promote national wealth and further develop the financial industry.

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A Brief Sketch of Architectural Works Copyright with the United States Cases: Analysis based on Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case

  • Moon, Hwakyung
    • Architectural research
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    • v.9 no.1
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    • pp.1-8
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    • 2007
  • These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

A Study on the Settlement of Disputes in FIDIC Contracts (FIDIC 표준계약조건상(標準契約條件上)의 분쟁해결(紛爭解決)에 관한 연구(硏究))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.27
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    • pp.3-28
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    • 2005
  • It is common that several kind of claims between the parties are arising in carrying out international construction works. Therefore, it is very important for them to settle the claims effectively in order to get expected profits and purposes in international construction works. In this article, the author have studied on the procedures and contents on the settlement of claims between the parties based on the FIDIC contracts for major works which are newly prepared in 1999 by FIDIC. Especially, the arbitration clause in the FIDIC contracts for major works attempts to deal with a number of complex contractual and legal matters, sometimes in a very harsh way, e.g. by cutting off a party's rights. It has never been an easy clause to understand or to observe. Nevertheless, the author hopes he has been able in this article to clarify for the reader some of the issues raised by it. I'd like to suggest that our overseas construction companies refer to the FIDIC contracts for major works(especially article 20 : claims, disputes and arbitration) directly or indirectly for their contract of international construction works with overseas employers.

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Utilizing noise mapping in environmental impact assessment in a downtown development area (도심지 개발사업에 따른 환경영향평가시 소음지도 적용방안에 관한 연구)

  • Lee, Shi-Won;Chang, Seo-Il;Park, Younge-Min;Choi, Jin-Kwon
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2005.05a
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    • pp.535-540
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    • 2005
  • In environmental impact assessment, noise impact assessment usually consists of three stages surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of project. When predicting noise level in urban area, this method does not consider acoustic phenomena like multi reflection, diffraction and absorption due to complex topographic configuration of building and terrains. For the purpose, a noise mapping tool is utilized to produce a series of noise maps, which are those for the present, for the works of construction and for the future. For accurate noise mapping, acoustical and topographic information is essential. Standard sound power levels and directivities of various construction equipments are required and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.

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Utilizing Noise Mapping in Environmental Impact Assessment in a Downtown Redevelopment Area (도심지 재개발사업 환경영향평가시 소음지도 적용방안에 관한 연구)

  • Lee, Shi-Won;Park, Young-Min;Choi, Jin-Kwon;Chang, Seo-Il
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.15 no.11 s.104
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    • pp.1311-1317
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    • 2005
  • In environmental Impact assessment, noise impact assessment usually consists of three stages-surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of a project. The distance-attenuation relation of a point source, which has been used to predict the noise level due to its simplicity does not consider complex acoustic phenomena like multi-reflection, -diffraction and -absorption due to complex topographic configuration of buildings and terrains. For the consideration of such physical complexities. a noise mapping tool is adopted to produce a series of noise maps, which are those for the present, tot the works of construction and for the future. For accurate noise mapping, acoustical and topographic Information is used. Standard sound power levels and directivities of various construction equipments are need and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.