• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.516-524
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• 2019

The purpose of this study is to analyze the cases related to the multi-dimensional urban planning and its related systems that can contribute to the urban regeneration as the policies and projects for stereoscopic city increase. Through the case analysis, urban regeneration function and role of multi-dimensional urban planning are identified as connection of places, activation of local economy, expansion of infrastructure and supply of housing. In the institutional sector, private participation is hindered due to the ban on the establishment of the right to hold state property. In addition, it is difficult to utilize the three-dimensional urban space without land securing at a certain rate based on uniform installation standards of the two-dimensional land use plan, and the problem of insufficient interconnection between law and institution is derived. In conclusion, it should actively support and promote the promotion of the three-dimensional facility with the aim of diversifying the regional infrastructure structure and strengthening the urban function. In addition, development of stereoscopic and compound development should be promoted for old urban areas, and parking lots, underground shopping malls, parking lots, etc. should be installed using the subspaces of parks, schools, roads and traditional markets of old residential areas. Finally, cooperation between the central government, the municipalities and the private sector is necessary for the realization of these urban regeneration projects.

• Journal of the Economic Geographical Society of Korea
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• v.19 no.3
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• pp.512-534
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• 2016

This paper is to see what appears to be an economic crisis as urban crisis, to explore its emerging process and its major distinctive figures in the context of S. Korea, and to consider alternatives to overcome such an urban crisis. For this purpose, it first tries to show that the capitalist economic development (i.e. capital accumulation) has been stimulated and driven largely by extending investments into built environments. Then it analyzes how crises of overaccumulation, coupled with other crises such as the IMF crisis in 1997 and the financial crisis in 2008 which have been brought about by serious impacts of foreign financial capitals working on the global level, have led to accumulating of huge surplus reserves within both big companies and the central government on the one hand, increasing tremendously debts of households as well as government and private companies on the other. In particular, the debt crisis seems to be accelerated by fictitious capital generated through government's financial strategies to promote both supplies and demands in housing and property markets. There seem several ways of overcoming the urban crisis spiraled around accumulating surplus capital and increasing financial debt; raising real income, moderating investments into built environment, and increasing inputs into the fields of technology and well-being. In order to open up these ways, it is concluded, recent urban movements in terms of the right to the city are required not only to make the government and capital to do so, but also to realize interest of urban people who have produced such surplus but who are suffering from the debt crisis.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.78-84
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• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

• Korean Journal of Environment and Ecology
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• v.38 no.4
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• pp.416-425
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• 2024

This study aims to analyze the changes in land prices and building construction activities before and after exclusion from park district as results of natural park re-planning. Seoraksan National Park, Namhansanseong Provincial Park, and Cheonmasan County Park were selected as study areas, and prices and construction activities were compared between areas remaining in and areas excluded from park districts for ten years after park re-planning. Land prices increased in all three study parks. The largest difference in land prices between remaining and excluded areas occurred in Cheonmasan City Park. Land price increased more in excluded than remaining areas in Seoraksan National Park. Unlike these two parks, the changes in land prices were not much different between remaining and excluded areas in Namhansanseong Provincial Park, which can be attributed to the facts that 1) provincial parks were already developed to certain level even before the exclusion due to its less stringent land use regulation than national parks, and 2) that Namhansanseong Provincial Park was also designated as Restricted Development Zone that has similar land use regulation level to natural parks. Comparison between building density measures before and after exclusion shows that development density generally increased after the exclusion. Building heights mostly increased during 10 years after the exclusion. Building to land ratios and floor area ratios also increased. However, building to land ratios and floor area ratios increased only slightly in Namhansanseong Provincial Park and Cheonmasan City Park, suggesting that in provincial and city parks, land development already occurred as a result of less stringent land use regulation. In conclusion, a national park system significantly restricts property right in natural parks, especially in national parks, which make it difficult to expand existing natural parks and/or establish new natural parks. A remedy for resolving problems related to private lands, such as increasing budget for purchasing private lands and introducing park facilities for local community is urgently required.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.8 no.1
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• pp.61-68
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• 2013

As modern society changes toward knowledge based society, the patent policy and professional manpower need to be changed because interest and importance about patent, trademarks, intellectual property right and copyright of business secret are increasing. In order to facilitate trading of the technology developed in the private sector and to promote the business, the Act of technology transfer and commercialization promotion is prepared. In the law, the article 14 says that who have expertise on commercialization of the technology transfer can be registered as a technology trader to the Minister of Knowledge Economy. For the purpose of finding improvements of the technology trader's registration system, comparison method was studied. Technology trader compare with licensed real estate agent which is similar with it in terms of trade. There are several results from this study by followings. The unique tasks of technology traders should be specified for increasing authority of technology transfer expert. Manual criteria of post management should be prepared through registration certificate management agency which operated by charging. In addition, The announcement document should be prepared carefully for necessity of announcement and registration criteria of technology trading business. These improvements are enable to motivate trading market and impact to expand the base of technology marketing and technology transfer-commercialization.

• Journal of the Korean association of regional geographers
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• v.7 no.2
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• pp.35-54
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• 2001

The construction of Daedeok Science Town, located in Yuseong ward of Daejeon metropolitan city, began in the early 1970s. It started out as a national project to form an agglomeration of the major central government research institutions. Since that time Daedeok Science Town has also attracted private research institutions, mainly during the 1900s. This study geographically analyzes this research institutions to clarify the regional identity of Daedeok Science Town through an integrated approach of existing new regional geography approach, which is characteristics of labour market as the regional pattern of its laborers' residences, spatial labour division, its research network with other institutions, and networks of university, research institution, and corporations, through the spatial spread of intellectual right of property and through network of technology business incubator relationship with spin offs which is appeared to spatial interaction. The results of the study are as follows: First of all, Daedeok Science Town was not only self-sustenance with marketing garden of agricultural regions in the suburb of Daejeon city but also was consign of agricultural products to Daejeon city before 1972. Since that time, the identity of Daedeok Science town has been formed by externally factors of the science development, by the local decentralization of population and public offices in Seoul metropolitan area in terms of the world economy system, and by the internally accessibility maximization of the central location in Korea between 1992 and 1999. On the part of Daedeok Science Town it has some merits of in-migration from nation-wide, and of mother city's Daejeon. Lastly at the period of the venture business beginning after 1999, the role of institution, developing the existing high technology, made great contribution to an attraction of ventures business to here in need of high technology industry growth, including knowledge-based industry in the informated society. On these bases, Daedeok Science Town seems to grow spontaneously as a science park.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• Journal of Service Research and Studies
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• v.13 no.1
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• pp.108-126
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• 2023

This study explored the sustainability of a blockchain-based cultural art performance video platform through the construction of Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do. In addition, the technical limitations of video content transaction using block chain, legal and institutional issues, and the protection of personal information and intellectual property rights were reviewed. As for the research method, participatory observation methods such as in-depth interviews with developers and operators and participation in meetings were conducted. The researcher participated in and observed the entire development process, including designing and developing blockchain nodes, smart contracts, APIs, UI/UX, and testing interworking between blockchain and content distribution services. Research Question 1: The results of the study on 'Which technology model is suitable for a blockchain-based performance video content distribution public platform?' are as follows. 1) The blockchain type suitable for the public platform for distribution of art performance video contents based on the blockchain is the private type that can be intervened only when the blockchain manager directly invites it. 2) In public platforms such as Gyeonggi ArtOn, among the copyright management model, which is an art based on NFT issuance, and the BC token and cloud-based content distribution model, the model that provides content to external demand organizations through API and uses K-token for fee settlement is suitable. 3) For public platform initial services such as Gyeonggi ArtOn, a closed blockchain that provides services only to users who have been granted the right to use content is suitable. Research question 2: What legal and institutional problems should be reviewed when operating a blockchain-based performance video distribution public platform? The results of the study are as follows. 1) Blockchain-based smart contracts have a party eligibility problem due to the nature of blockchain technology in which the identities of transaction parties may not be revealed. 2) When a security incident occurs in the block chain, it is difficult to recover the loss because it is unclear how to compensate or remedy the user's loss. 3) The concept of default cannot be applied to smart contracts, and even if the obligations under the smart contract have already been fulfilled, the possibility of incomplete performance must be reviewed.