• Title/Summary/Keyword: Property Policy

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A Study of the Cultural Legislation of Historic Properties during the Japanese Colonial Period - Related to the Establishment and Implementation of the Chosun Treasure Historic Natural Monument Preservation Decree (1933) - (일제강점기 문화재 법제 연구 - 「조선보물고적명승천연기념물보존령(1933년)」 제정·시행 관련 -)

  • Kim, Jongsoo
    • Korean Journal of Heritage: History & Science
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    • v.53 no.2
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    • pp.156-179
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    • 2020
  • The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

IMPLEMENTATION OF STRUCTURAL DIAGRAM FOR INTELLECTUAL PROPERTY MANAGEMENT AND PROTECTION(IPMP)

  • Park, Jung-Hee;Lee, Ki-Dong;Lee, Sang-Jae
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.435-448
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    • 2004
  • While Internet promises ubiquitous access, it also creates a fundamental challenge to the traditional ownership toward digital assets traded in e-commerce market. Sharing digital information freely through shared networks leads to many untapped business opportunities, but uncontrolled digital asset transaction undermines many electronic business models. Thus, in this Internet age, proper protection and safe delivery of Intellectual Property (IP) and its representation as digital assets would be a crucial ingredient of building trust in upcoming e-business environment. In this paper, we give a general structural diagram of Intellectual Property Management and Protection (IPMP) and implement an IPMP prototype based on the RSA encryption algorithm and XrML (eXtensible rights Markup Language) WORK tags to show how proper protection and safe delivery of the intellectual property is achieved. This study concludes that IPMP mechanism may contribute significantly to the volume and quality of e-commerce market.

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A Study on the Improvement Plans of Green Insurance Industry (녹색보험산업의 발전방안에 관한 연구)

  • Han, Nak Hyun;Cho, Sung Woo;Kim, Eun Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.305-331
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    • 2013
  • The purpose of this study aims to the improvement prospect of green insurance industry in Korea. Green insurance includes all classes of general insurance business including unoccupied property insurance and empty building insurance, business insurance, personal insurance, etc. Green policies often cover expensive systems that are not covered under most property policies. The same is true for some underground property, which is also exempted from many property policies. At least insurers already offer products designed to fund rebuilding damaged properties to meet certain environmental and building standards. While the products are in their infancy, insurers and brokers say the huge interest in environmental issues will increase demand. Green buildings that improve energy efficiency and air quality and reduce waste are designed to reduce their effects on the environment and the health of building occupants. Buildings account for 39% of U.S. carbon dioxide emissions, according to the Department of Energy. Insurers say that, as sustainable buildings become more common, green insurance will become more popular and some of its features might become a standard part of property policies.

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The Commercialization of Academic Research in the Context of Shifting Intellectual Property Regimes in the Twentieth Century (20세기 대학연구의 상업화와 지적재산권 제도의 변화)

  • Yi, Doogab
    • Korean Journal of Environmental Biology
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    • v.32 no.4
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    • pp.403-412
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    • 2014
  • This article chronicles key shifts in intellectual property regimes in the twentieth century as they related to the commercialization of academic research. The institutionalization and growth of scientific research in the research university in the twentieth century and the increasing awareness of its potential to promote technology innovation and economic growth posited an important question of the ownership of knowledge created in the academic setting, where knowledge was traditionally regarded as a common property among academic researchers. This paper shows the ownership of academic knowledge emerged as a key public policy and legal issue in the latter half of the twentieth century for academic researchers and government officials who pursue the commercialization of academic knowledge for private gain and public benefit. The resulting institutionalization of patent management in the research university and shifts in federal patent policy in turn opened a new legal avenue for the establishment of the private ownership of academic knowledge and the expansion of intellectual property rights in academia, especially in the area of biological and biomedical research. Reflecting upon historical shifts in intellectual property regimes in the twentieth century, this paper suggests recent controversies regarding ownership of biological knowledge and profit sharing in developing counties are linked to critical issues pertinent to the welfare of indigenous population, utilization of new natural resources, and sustainable development for humanity.

A study on S/W Market from an Economic perspective (소프트웨어시장의 경제적 고찰)

  • 김범환;임광선
    • Journal of Korea Technology Innovation Society
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    • v.1 no.2
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    • pp.153-164
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    • 1998
  • This study attempts to provide policy makers and other interested parties with policy implications throughout an economic analysis of software sector. Chapter 2 is designed to provide an overview of market characteristics in the software sector. Chapter 3 reviews an overview of the evolution stage of the software industry and the effects these trends have on firm strategies. Chapter 4 reviews the relationships between software economic characteristics and intellectual property rights. Some suggestions are offered in the conclusion, with special attention given to an examination of market characteristics, firm strategies, government policies, and some economic factors.

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Japanese Financing Policies for Innovation Since the 1990s

  • Intarakumnerd, Patarapong;Charumilin, Pattarawan
    • STI Policy Review
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    • v.4 no.2
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    • pp.55-73
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    • 2013
  • Since the 1990s, the Japanese government has made considerable attempts at stimulating innovation with an aim to pull the country out of a possibly permanent economic decline. Several laws and policy initiatives were introduced to encourage better interaction between universities (and research institutions) and industry. The results of these efforts have been mixed. While the number of university-industry joint and commissioned research has increased, revenues from the licensing of university-owned patents have fluctuated year by year. Although the number of startups and spin-offs from universities rose, their long-term survival and contribution to the economy remain uncertain. The Japanese experience features both strengths and weaknesses. Strengths include the long-term commitment of policy makers, the ability to set specific targets, and the active engagement of several key economic ministries. Nevertheless, the effectiveness of these policy initiatives was hampered by limitations within the policies concerning the roles of universities and their mode of interaction with industry based on intellectual property rights, the inadequacy of demand-side innovation policies, the fragmentation of bureaucracy, and a lack of a credible evaluation system.

Protection of Intellectual Property Rights and Subsidy Policy for Foreign Direct Investment

  • Kang, Moonsung
    • East Asian Economic Review
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    • v.16 no.2
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    • pp.139-154
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    • 2012
  • This paper provides a theoretical setup for an analysis of strategic relationships inherent to activities of an innovative multinational enterprise (MNE) and a local company in a host country. Additionally, we explore the incentives of the host country's government to provide subsidies to attract foreign direct investment (FDI) and to protect outcomes of R&D activities conducted by the MNE. We show that the MNE's commercial interests may collide with local companies' over protection of IPRs. Therefore, the extent of knowledge spillovers from the MNE to the local company and the magnitude of incentives to the MNE perform a crucial function in determining the optimal policy mix of IPR protection and FDI subsidies of the host country's government.

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Regressiveness Analysis of Contribution Rate of National Health Insurance Insured (건강보험 지역가입자의 보험료 역진성 분석)

  • Na, Young-Kyoon;Moon, Yongpil
    • Health Policy and Management
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    • v.31 no.3
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    • pp.364-373
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    • 2021
  • Background: This study aims to examine the regressiveness of national health insurance (NHI) premium burdens for local subscribers. The government has established a restructuring of health insurance contributions in 2017. Therefore, insurance premium reform began in 2018 and the second national health insurance premium reform will be carried out in 2022. We will analyze local subscribers before and after the policy reform of 2018. Methods: This study used data from 'local premium imposition elements' in the health insurance statistics annual reports (2017-2019) on National Health Insurance Service (NHIS). This study was calculated contribution rates according to levels of income and property for local insured by the method of comparing. Simulations of primary and secondary reforms were conducted in the study to determine regressiveness. Results: Insurance premiums for local subscribers were analyzed separately by income and property insurance premiums. In the income premium analysis, the higher the income, the lower the premium rate, and then the fixed rate was maintained from a certain section. The regressiveness of income insurance premiums has been eased in part. On the other hand, the property insurance premium burden was found to be regressive still by income class. Conclusion: Regressiveness analysis showed that a decrease in income contributions was achieved to local insured in the first phase of reform. But in the second phase of reform, more consideration should be given to reductions of property premium portions of local subscribers. Based on the results, the author suggested policy discussions to reorganizing the new systems of NHI contribution of local Insured.

A Study on the Effect and Improvement Direction of the Credit Rating of Large Construction Firms by the Reinforced Real Estate Regulations and the Raising of the Base Rate (정부 부동산규제 강화와 기준금리 인상이 대형건설사 신용등급에 미치는 영향과 개선방향에 관한 연구)

  • Lee, YunHong
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.1
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    • pp.90-102
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    • 2018
  • In preparation of the increase in the domestic debts and the rise in the US interest rate, the Korean government has started to strengthen the regulation on the property market since 2017. So, it is likely that the sales in the domestic construction market would be decreased. Even in the overseas plant projects market, as there has been the continuous increase in the cost and the resulting increase in the losses, it looks hard for the large construction companies to keep their credit ratings as they are now. This study is designed to check Korean government's property policy and any possible problems caused by the overseas and domestic economic environment, which include the property market policy, interest rate, rise in the property price and lackluster sales in housing market. It showed the change in the credit ratings by finding out the sales, work capability, sales in non-governmental projects, operating profits and PF contingency liabilities. For this study, the questionnaires were sent to 30 practical experts to analyze the effect of the risk factor on the outside credit rating of large construction companies.

Legal Systems and Practice of Intellectual Property Protection in Japan and China: A Comparative Analysis

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.1
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    • pp.190-206
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    • 2018
  • This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.