• Title/Summary/Keyword: PROPERTY RIGHT

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- A Study on Wife's Contribution to Matrimonial Property - (재산형성에 대한 주부의 기여도에 관한 연구)

  • 문숙재
    • Journal of the Korean Home Economics Association
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    • v.31 no.1
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    • pp.13-24
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    • 1993
  • The reformed family law was enforced from Jan.1,1991 and the claim to division of matrimonial property in case of divorce, a newly enacted right in the law, is expected to increase the economic position of married women. By this system, married woman can claim her share in the matrimonial property in case of divorce if she verifies her contribution to it. But actually, household work of housewives has not been evaluated properly as compared with their husbands' work in deciding of property division rate, because there is no economic base about the value of household work. So, this study verified wives' role of contribution to matrimonial property and compared their work hours with their husbands. As the result, following suggestions can be presented. 1. The contribution rates of husband and wife to the matrimonial property have to be acknowledged equally and, in case of employed wife, her rate has to be evaluated higher than her husband. 2. Because the property division is not a solatium but a transfer of wife's share, responsibility which marriage has dissolved should not be taken more to women than men. 3. Decision of division rate has to be made regardless the amount fo property unless there are special reasons. 4. The donation tax and inheritance tax should not be imposed on matrimonoal property which was returned to wife from her husband.

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Human Embryo Research and Tort Liability (배아연구와 불법행위책임)

  • Seo, Jong-Hee
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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Related factors of learning ethics of dental hygiene students (일부 치위생과 학생의 학습윤리실태와 관련 요인)

  • Kim, Yun-Jeong;Cho, Hye-Eun
    • Journal of Korean society of Dental Hygiene
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    • v.16 no.6
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    • pp.1023-1031
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    • 2016
  • Objectives: The purpose of the study was to investigate the related factors of learning ethics of dental hygiene students. Methods: A self-reported questionnaire was completed by 278 dental hygiene students in G metropolitan city from June 9 to July 29, 2016. The data were analyzed by frequency analysis, percentage and stepwise multiple regression analysis using SPSS 12.0 program. The questionnaire comprised learning ethics (10 items), condition of learning ethics (10 items), reason of plagiarism (8 items), intellectual property right consciousness (8 items), internet ethics consciousness (20 items), individual ethics consciousness (2 items). Results: Condition of learning ethics was higher in mosaic plagiarism (33.9%). The main reason of plagiarism was higher in lack of time (52.7%). Related factors with the intellectual property right consciousness was use of reference (${\beta}=0.424$), internet expectancy (${\beta}=0.228$) and parental rearing attitude (${\beta}=0.229$) (Adjusted $R^2=0.336$). Related factors with the internet ethics consciousness were parental rearing attitude (${\beta}=-0.241$), academic achievements (${\beta}=0.420$), internet expectancy (${\beta}=-0.368$) and grade (${\beta}=-0.154$)(Adjusted $R^2=0.390$). Related factor with the individual ethics consciousness was academic achievements (${\beta}=0.445$) (Adjusted $R^2=0.192$). Conclusions: To increase the learning ethics and preventing plagiarism, it is necessary to have essential understanding and practice to make the liberal arts education and extracurricular program of institutions.

School of Mechanical Engineering and RIMT,Pusan National University (외란 억제 및 분리기능을 갖는 고유공간 지정기법)

  • 최재원;서영봉
    • Proceedings of the Korean Society of Precision Engineering Conference
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    • 1995.10a
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    • pp.618-621
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    • 1995
  • In this paper, in order to obtain a disturbance decouplable as well as effective and disturbance suppressible controller, a simultaneous assignment methodology of the left and right eigenstructure is proposed. The biorthogonality property between the left and right model matrices of a system as well as the relations between the achievable right model matrix and states selsction matrices are used to develop the methodology. the proposed concurrent eigenstructure assignment methodologh guarantees that the desired eigenvalues are achieved exactly and the desired left and right eigenvectors are assigned to the best possible(achievable) sets of eigenvectors in the least square sense, respectively.

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A study on the subrogation right of a obligee (채권자대위권에 관한 연구)

  • Park, Jong-Ryoel
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2014.01a
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    • pp.165-168
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    • 2014
  • 채권자대위권은 채권자가 자기의 채권을 보전하기 위하여 채무자에 속하는 권리를 행사할 수 있는 권리이다(민법제404조). 채무자의 권리는 채무자가 행사함이 원칙이나 채무자가 제3채무자에 대한 권리를 행사하지 아니함으로 채무자의 책임재산을 제대로 보전하지 않아 총채권자의 공동담보에 부족한 부분이 생길 때에는 채권자로 하여금 채무자의 권리를 행사하여 책임재산의 보전을 꾀할 수 있도록 할 필요가 있고, 이러한 목적을 위한 제도가 바로 채권자대위권제도이다. 그러나 채권자대위권제도는 채권자 취소권에 비해 상대적으로 주목받지 못하고 있는 것이 현실이다. 즉 실제와 현행민법 규정사이에 커다란 괴리가 존재하고 있고, 행사의 범위, 효과에 관한 규정을 두고 있지 않고 있다. 이는 전적으로 학설과 판례에 위임되어 있는 실정이므로 따라서 본 논문에서는 채권자대위권에 관한 문제점을 검토해보고, 정확한 명문규정이나 제도적 장치를 마련하는 제도의 취지 및 목적에 합당할 수 있도록 합리적인 방안을 제시하고자 한다.

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Homogeneous Dual Composite Right/Left-Handed Metamaterial Using Subwavelength Defected Ground Structure(DGS) (Subwavelength 결함접지구조(defected grounded structure : DGS)를 이용한 Homogeneous Dual Composite Right/Left-Handed 메타물질 구현)

  • Park, Woo-Young;Lim, Sung-Joon
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.58 no.11
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    • pp.2242-2246
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    • 2009
  • In this paper, a homogeneous dual composite right/left-handed (D-CRLH) transmission line (TL) is proposed by using a defected ground structure (DGS) on the ground plane. In order to satisfy a homogeneity condition of metamaterial, a subwavelength unit cell is designed by way of a spiral DGS and a meander stub. From a dispersion diagram, it is expected that the frequency bands for the left-handed (LH) property is 3.5 - 4.4 GHz. At 3.8 GHz in the LH band, backward propagating phenomenon is observed from full-wave analysis. The experimental results show that the proposed TL has a stop-band in 1.75 - 3.6 GHz.

A GENERALIZATION OF INSERTION-OF-FACTORS-PROPERTY

  • Hwang, Seo-Un;Jeon, Young-Cheol;Park, Kwang-Sug
    • Bulletin of the Korean Mathematical Society
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    • v.44 no.1
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    • pp.87-94
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    • 2007
  • We in this note introduce the concept of g-IFP rings which is a generalization of IFP rings. We show that from any IFP ring there can be constructed a right g-IFP ring but not IFP. We also study the basic properties of right g-IFP rings, constructing suitable examples to the situations raised naturally in the process.

A new test of exponentiality against NDVRL

  • Hassan, M.KH.
    • International Journal of Reliability and Applications
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    • v.16 no.2
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    • pp.123-133
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    • 2015
  • In this paper, the problem of testing exponentiality against net decreasing variance residual lifetime (NDVRL) classes of life distributions is investigated. For this property a nonparametric test is presented based on kernel method. The test is presented for complete and right censored data. Furthermore, Pitman's asymptotic relative efficiency (PARE) is discussed to assess the performance of the test with respect to other tests. Selected critical values are tabulated. Some numerical simulations on the power estimates are presented for proposed test. Finally, numerical examples are presented for the purpose of illustrating our test.

A Comparative Study on the Legal Protection for Computer Software Trade

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.227-250
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    • 2002
  • This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

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