• Title/Summary/Keyword: Rights Issue

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A Study on the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant - Focused on the Commentary of ICC Model Contract - (턴키방식 플랜트계약의 실무상 유의점에 관한 연구 - ICC 표본 계약서의 해설을 중심으로 -)

  • Oh, Won-Suk;Lee, Ki-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.3-29
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    • 2012
  • This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

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Roles of Korean Medicine in Restructuring Public Health Service of Korea ((참여)정부의 보건의료 Infra개편과정에서 한의학의 참여방안 -공공의료를 중심으로-)

  • Lee, Sun-Dong
    • Journal of Society of Preventive Korean Medicine
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    • v.9 no.2
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    • pp.17-41
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    • 2005
  • Current Korean medical system is evaluated as inefficient and the government is planning a new medical development plan to provide guaranteed life-long medical service and more efficient medical system Korean medicine also needs to participate as the primary medical provider and strengthen public recognition. The needs for active participation are essential to prevent irrational medical policies and Korean medicine can exercise medical merits. When the doctors of Korean medicine are recognized as the primary medical provider, not only social rights are served but also provide medical service to less privileged sector of the society. This calls for the establishment of system for attending physician and public health doctor from Korean medicine. Another important issue is the establishment of public medical service at the government level. Doctors of Korean medicine should be posted at the national health center and other public hospitals. Revision of the current policies on Korean medicine must be made to yield concrete outcome of the public Korean medicine service as well as cooperation between the conventional allopathic medical community and the Korean medical community

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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 the Meaning, Effects, and Procedure of Recognizing Arbitral Awards (중재판정 승인의 개념, 효력 및 절차에 관한 연구)

  • Lee, Ho-Won
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.1-23
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    • 2013
  • When a court recognizes an arbitral award, it acknowledges that the award is valid and binding, and thereby gives it a set of effects similar to those of a court's judgment, among which res judicata is the most important. The res judicata effect of an arbitral award generally forbids parties to an action from subsequently litigating claims that were raised in a prior arbitration. In common law countries, res judicata may also preclude re-adjudication of issues raised and decided in a prior arbitration. The Korean Arbitration Act acknowledges the rights of parties to an arbitral award to seek not only an enforcement judgment but also a recognition judgment on an arbitral award. Therefore, the question arises whether or not the winning party in an arbitration must acquire a recognition judgment on the arbitral award in order to enjoy the effects of a recognized award. However, according to the case law and generally accepted views, an arbitral award is automatically recognized without any additional procedure, as long as it satisfies the requirements for recognition. Therefore, in order to resolve this question, it is desirable to eliminate the statutory clause that stipulates the right to seek recognition judgment.

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A Survey on Consumers' Perception of Illegally Reused Standing Wreaths and the Introduction of New Standing Wreaths

  • Kwon, Song;Ryu, Ju Hyun;Kwon, Hye Jin
    • Journal of People, Plants, and Environment
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    • v.21 no.6
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    • pp.493-500
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    • 2018
  • The distribution of standing wreaths has reached about 7.1 million per year and the size of the standing wreath market is estimated to be at least 700 billion won. Among them, 20 to 30 percent are estimated to be reused, resulting in damage to flowerfarms' sales of 110 to 160 billion won per year. Due to the unique characteristics of conventional 3-tier standing wreaths in terms of transportation and installation, companies that lack design expertise have monopolized local distribution markets, and the issue of illegally using standing wreaths has been raised. These issues have highlighted the need for developing new designs and establishing a distribution system to expand the consumption of flowers. This study was carried out to identify consumers' perception of reused standing wreaths and the current systems introduced to prevent the distribution of reused standing wreaths such as the real-name standing wreath production system, the authenticity certificate system, and new standing wreaths. The results of a consumer survey showed that consumers' perception of reused standing wreaths has been high and that reused standing wreaths need to be actively regulated to establish fair trade order and protect consumers' rights. Although the effectiveness of the real-name system, the authenticity certificate system, and new standing wreaths was found to be insufficient, the introduction of these systems was essential and necessary for continuous promotion through broadcasting media.

Delimitation of Jurisdiction of Commercial, Civil and Administrative Courts: IT Challenges

  • Baranenko, Dmytro;Stepanova, Tetiana;Pillai, Aneesh V.;Kostruba, Anatolii;Akimenko, Yuliia
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.85-90
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    • 2022
  • In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

Legal and Institutional Issues and Improvements for the Adoption and Utilization of Artificial Intelligence in Government Services (정부서비스에서의 인공지능 도입 및 활용을 위한 법제도적 쟁점과 개선과제)

  • BeopYeon Kim
    • Journal of Information Technology Services
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    • v.22 no.4
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    • pp.53-80
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    • 2023
  • Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.

North Korean Defector's living in New Malden as third countries

  • Kang, Ji Hye
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.9
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    • pp.133-141
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    • 2018
  • In Europe side, Most of North Korean refugee lives in New Malden, Kingstone resident with South Korean and international student near London, United Kingdom (UK).The reason why dispersed around in Europe is can be issue in societies with secure problem and temporary protection status have to be accept for change the concept in international law and refugee law. their ethnicity is organized by North Korean defectors, South Korean, Korean-Chinese in the area of New Malden and Kingstone.it means small unification is going to foundation on abroad. also their solidarity of diasporic integration development would ahead. and have to organise of Coexistence between U.K and thier ethnicity. for Humanitarian way for vulnerable. But Europe is not the most welcoming place for North Koreans at the moment. The European Alliance for Human Rights in North Korea, an advocacy group, reported in 2015 that many European countries had rejected the vast majority of North Korean asylum cases. Partly this is to do with how governments view North Korean defectors: the UK "considers North Koreans as South Korean citizens, thus excluding them from refugee status".

Analysis of a Cross-cutting Issue, 'Access to Genetic Resources and Benefit-sharing' of the Conference of the Parties to the Convention on Biological Diversity (생물다양성협약 당사국회의의 핵심논제인 '유전자원에 대한 접근과 이익의 공유'에 관한 고찰)

  • Park, Yong-Ha
    • Journal of Environmental Policy
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    • v.6 no.1
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    • pp.41-60
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    • 2007
  • Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.

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An Analysis of Undergraduate Students' Perceptions and Practical Capabilities on Citizen Participation in Social Issues of Science and Technology (과학기술의 사회적 쟁점에서 시민 참여에 대한 대학생들의 인식과 실천 역량에 대한 분석)

  • Lee, Young Hee;Yoon, Jihyun
    • Journal of The Korean Association For Science Education
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    • v.37 no.4
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    • pp.637-650
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    • 2017
  • It is necessary for undergraduate students whose citizenship reaches a maturity stage to recognize the importance of citizen participation in social issues related to science and technology and to be able to make meaningful use of citizens' rights and responsibilities. Therefore, in order to understand the actual status of undergraduate students' perceptions and practice capacity for citizen participation in science and technology, university students were selected from the department of arts physical studies (33 cases), humanities social studies (62 cases), and science engineering studies (67 cases) at D university in Gyeonggi province. Then, we investigated the scientific technology and society's interaction oriented by citizen participation, responsible decision-making ability, and the effectiveness of the social issue by scientific technology. Analyses of the results reveal that the overall perception level of the students about the interaction between scientific technology and society was high according to department of the arts physical studies, humanities social studies, science engineering studies, in that order, but the scores were not all in average. Therefore, it was found that the current undergraduate students lacked a deep understanding of the interaction between scientific technology and society regardless of the major field. In addition, the students' perception on citizen participation in the interaction between scientific technology and society was found to be problematic regardless of the major field. In responsible decision-making ability, undergraduate students were found to have difficulties in selecting the best alternative in terms of individual beliefs and welfare of others and formulating the action strategies. In addition, the self-confidence of the students about knowledge, skill, and capacity for action related science and technology in the effectiveness of the social issue by scientific technology was very low regardless of major field. We discussed educational implications of these findings.