• Journal of the Korea Society of Computer and Information
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• v.27 no.7
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• pp.109-114
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• 2022

Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

• Journal of Fisheries and Marine Sciences Education
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• v.9 no.2
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• pp.121-148
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• 1997

The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.

• Journal of Korean Society of Archives and Records Management
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• v.17 no.3
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• pp.1-21
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• 2017

Oral history research is carried out through collecting information about a living person. The data collected from an oral history project is not a mere fact or a mass of information but accounts of persons who reveal their own personalities. For this reason, oral history research and data collection and the use of such data must be based on rigorous ethical standards. The Bioethics and Safety Law shares a similar view on human subject research, and the Institutional Review Boards includes human subject research as a subject of review and management. However, the Bioethics and Safety Law's protection of personalities and human rights focuses on life sciences methodologies, which are not suitable for qualitative research, such as an oral history of a value oriented and critical approach to human beings. This study examines the details of the Bioethics and Safety Law related to human subject research and the problems that may arise when this law is applied to subjects in humanities and social sciences such as oral history. Through this study, alternative methodologies, which can be used for oral history research, while maintaining academic autonomy, are suggested.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.195-216
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• 2016

In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

• The Journal of Fisheries Business Administration
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• v.38 no.3
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• pp.67-88
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• 2007

This study is to estimate the factor weights for a successful sea-ranching project using the Analytical Hierarchy Process. Furthermore, it investigates the policy implications revealed by the differences in group opinions throughout fishermen, government officials, researchers and the scholars when the weights are assessed. The hierarchy is constructed for the 3 levels of factors which must be evaluated for a successful sea-ranching project. The top level of factors is divided by the ecological factors and the socioeconomic factors. As the middle level of factors, there are 3 factors such as the choice of fish, the habitat environment and the production technology under the ecological factors and another 3 factors such as the stability of fishery society, economic factors, and the law & system under the socio-economic factors. And then, at the bottom level of the hierarchy, the economic factors have two different sub-factors such as the fishing revenue and cost. The law & system has also 3 sub-factors such as the accessibility to sea-ranching area, fishing method, and surveillance. The fishermen and government officials show us quite opposite tendencies in assessments of the weights while both the researchers and scholars reveal almost the same opinions positioned at somewhere between first two groups. The study also reports the evaluations of efficiency measures for resource recovery methods among the sea-ranching project, artificial reef, release of fish seeds, and marine protection area. Both the sea-ranching project and marine protection area have the same efficiency in terms of resource recovery while the artificial reef and release of fish seeds are revealed as somewhat less efficient methods comparing to the former two methods.

• The Journal of Korean Medical History
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• v.29 no.2
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• pp.83-105
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• 2016

Traditional medical knowledge and its biological resources, including Korean Medicine, has regarded as an important object of intellectual property rights. International organizations have been discussed and implemented various treaties on how to exercise and protect the property rights of traditional medicines. In Korea, the governmental policies and the academic societies have endeavored to establish the protection method and academic foundations of Korean Medicine's intellectual properties. This study will examine the current situation of discussions in major international organizations and Korean governmental policies related to the protection of traditional medical intellectual properties. Furthermore, this paper will contemplate the possible arguments and countermeasures to protect the traditional knowledge of Korean Medicine. We hope that this study will contribute to find the reasonable and effective ways of protection of Korean Medicine's intellectual property rights.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Journal of forensic and investigative science
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• v.2 no.1
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• pp.52-80
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• 2007

In the rapidly changing current society, the Korean National Police(KNP) is facing a lot of demands from the citizens like the protection of subject/victim rights, independence of investigation authority, disclosure of actual truth, and prevention & eradication of crimes. It is widely recognized among the Korean people and the police that the KNP is always standing for the rights of the people and it is high time that the KNP should be restored as the pioneer for the protection of human right. In this situation, the tremendous emphasis is given on the importance of investment in investigative training through the long-term master-plan in order to renovate its constitution, to level up its quality, and to cope with the highly sophisticated crime patterns. Korean police have already shown its outstanding investigative skills of identification of the deceased throughout large cases like Daegu subway arson and tsunami in Southeast Asia. In addition, the skills of cyber crime investigation are highly recognized by foreign law enforcement agencies. However, the investigative skills and abilities are being degraded and the morale of the investigative personnel are falling due to the insufficiently of the finite training budget. Lack of financial support results in the lack of training program and poor training environment, which subsequently leads to the inefficiency of training. Additionally, no long-term budget for fostering specialized investigative agents is allotted. Considering the fact that more than 95% of crimes in Korea are being primarily investigated by the Korean police, we have to understand the importance of the police. By the tremendous investment in investigative training which can lead to the high-quality investigations, the Korean police can ultimately contribute to the protection of safety and life of its people.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.587-613
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• 1999

Environmental problems such as global climate change, depletion, ocean and air pollution, and resource degradation-compounded by an expanding world population-respect no border and threaten the health, prosperity and jobs of all mankind. Our efforts to promote democracy, free trade, and stability in the world will fall short unless people have a livable environment. We have an enormous stake in the management of the world's resources. By increasing demand for timber, natural gas, coal and consumer's goods have destroyed the grounds for living. Greenhouse gas emissions anywhere in the world have threatened coastal communities, and then changed the Earth's climate system. The burning of coal, oil, and other fossil fuels is increasing substantially the concentration of heat-trapping gasses such as carbon dioxide, methane, and nitrous oxide in our air. The earth's temperature and sea levels are rising as a result. Since 1972 there has been a marked growth in the number and scope of environmental treaties. In particular, after the 1992 Rio Conference, international legal instruments became more concentrated on addressing environment within the context of sustainable development and incorporated a number of new concepts and innovative approaches. A preliminary analysis of recent conventions and in particular those associated with the Rio Conference indicates various ideas, concepts and principles which have come to the fore including sustainable development, equity, common concern of humankind, common but differentiated responsibilities and global partnership. However, international trade also has an environmental impact which must be minimized or countered. Positive measures are to be preferred to achieve environmental goals, but where trade provisions are necessary, they should be appropriately used within environmental conventions to facilitate the reduction and limitation of the negative impacts of trade and to enhance the complementarity of the multilateral trade regime with the imperatives of environmental protection, in the interests of environmental protection and sustainable development generally. The international community has to recognize and endorse this need to achieve complementarity between trade and environment issues.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.20 no.11
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• pp.2039-2044
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• 2016

This study aims to investigate the safety instrument to prepare the policy alternative for social web-board game which will be developed to base on social network in the future although social casino game is not available in Korea now. We reviewed several literature about responsible game system applied to especially U.S. New Jersey, responsible gambling system acted in the being advanced all countries. Game experts built up user protection model as previous work to prepare the law and policy which such a responsible game system will apply for current web-board gaem and future social casino game. As a result, this research revealed that standard of judgement which can identify four kind of addiction danger user group are raised. We expect to help this user protection alternative to provide the law and policy instrument for future social casino game and complement the problem of current web-board enforcement.