• Title/Summary/Keyword: Press Lawsuit

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Study on Trends and Characteristics of Infringement the Right to Likeness by the Press (언론보도에 의한 초상권 침해 소송의 경향과 특성)

  • Dong, Seho;Kim, Sungyong;Ahn, Horim
    • The Journal of the Korea Contents Association
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    • v.16 no.1
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    • pp.370-381
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    • 2016
  • This study was designed to examine the Trends and Characteristics of Infringement of right to likeness by the Press in Korea. We did an analysis of 81 cases of the court's rulings related to Infringement of right to likeness by the Press from 1990 to 2014. As a result, it shows that the first court's ruling of portrait rights violations by the press was made in 1990. The results showed that there were the increasing number of disputing cases over Infringement of right to likeness against Broadcasting media in the 2000s compared to monthly magazines in the 1990s, which were regarded as gonzo journalism. Since the 2000s, 71% of lawsuits regarding Infringement of right to likeness has been against the Broadcasting Media due to increasing the influence of the broadcasting and possibility of Infringement of right to likeness by visual images. Especially, the number of lawsuits on infringement of rights to likeness has increased rapidly by the Broadcasting Media. Only 23 cases(28.4%) of total 81 cases were decided in favor of the press. the press shows the low success in disputing the rights of likeness. this study shows the korean courts put more weight on the right to likeness and the breaking a balance between freedom of the press and right of person's character. However, 52.9% of the cases was decided in favor of The press against the plaintiff of public figures compared to 22% against the public. It can be difficult for public figures to win lawsuit against the press causing the Infringement of right to likeness. Judging from this fact, it seemed that the court recognized media watchdog for public figures.

New methodology to prevent blasting damages for shallow tunnel

  • Ozacar, Vehbi
    • Geomechanics and Engineering
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    • v.15 no.6
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    • pp.1227-1236
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    • 2018
  • From all of the environmental problems, blast-induced vibrations often cause concern to surrounding residents. It is often claimed that damage to building superstructures is due to blasting, and sometimes the building owner files a lawsuit against the company that perform blasting operations. The blast-vibration problem has been thoroughly investigated in the past and continues to be the subject of ongoing research. In this study, a tunnel construction has been performed by a construction company, according to their contract they must have used drilling & blasting method for excavation in tunnel inlet and outlet portal. The population is very condensed with almost tunnel below in the vicinity houses of one or two floors, typically built with stone masonry and concrete. This situation forces the company to take extreme precautions when they are designing blasts so that the blast effects, which are mainly vibration and aerial waves, do not disturb their surrounding neighbors. For this purpose, the vibration measurement and analysis have been carried out and a new methodology in minimizing the blast induced ground vibrations at the target location, was also applied. Peak particle velocity and dominant frequencies were taken into consideration in analyzing the blast-induced ground vibration. The methodology aims to employ the most suitable time delays among blast-hole groupings to render destructive interference of surface waves at the target location.

A Crisis in Public Broadcasting of South Korea A Perspective from the Case of the So-called "Paik Jong-moon's Taped Conversation" at MBC with a Focus on the Press Control by Political Power (MBC '백종문 녹취록' 사건으로 본 공영방송의 위기 정치권력의 언론 통제 기제를 중심으로)

  • Kim, Sang Gyoon
    • Korean journal of communication and information
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    • v.81
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    • pp.189-224
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    • 2017
  • The case of 'Paik Jong-moon's Taped Conversation,' has presented "an important and serious challenge to the freedom of the press and democracy" in South Korea. Nevertheless, this case has not been reported by the mainstream news media. It has also been forgotten without a proper fact-finding or investigation by regulatory agencies, like The Foundation for Broadcast Culture, The Korea Communications Commission, or The National Assembly. This study aims to examine why the above has happened through in-depth interviews of reporters and TV producers, senior journalists, former and incumbent commissioners of the broadcasting regulatory agencies, and experts of the industry, as well as literature research. Here, I present three answers. First, I found two reasons the mainstream press has ignored this incident. 1) It serves for political interests instead of reporting truth. 2) Public broadcasters' watchdog role has been neutralized. Second, regulatory agencies like The Foundation for Broadcast Culture, The Korea Communications Commission and The National Assembly are ruled by political tribalism. The ruling party's members of the National Assembly and these agencies were reluctant to investigate allegations surrounding Paik Jong-moon, such as illegal dismissals, illegal intervention in programming or production, illegal recruitment and illegal business deals. That's because they considered CEO Paik an ally. Using their majority power, they have rejected the request from opposition-affiliated commissioners or from opposition lawmakers to investigate the allegations. Third, there were no alternative forces within the public broadcasters to unveil the truth. In conclusion, the legal and institutional shake-up of corporate governance is urgently needed for public broadcasters and broadcasting regulatory agencies.

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