• Title/Summary/Keyword: law & system

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Cultural Property in the territory of the North Korea considered from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property' (「문화유물보호법」을 통해 본 북한의 문화유산)

  • JI, Byong-Mok
    • Korean Journal of Heritage: History & Science
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    • v.36
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    • pp.39-67
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    • 2003
  • In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

A Study of Korean Refugee Law on International Refugee Issues

  • Ho Kim
    • International Journal of Advanced Culture Technology
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    • v.12 no.1
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    • pp.299-304
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    • 2024
  • Human rights problem of refugee is the most important task to be solved in the international society. The United Nations High Commissioner for Refugees (UNHCR) was established in 1950, with the need for cooperation in the face of the European refugee crisis. In 1951, 'The 1951 refugee convention' was signed for the protection of all refugees. Since the 1951 Refugee Convention, a legal framework has been established for responding to refugees. However, the discrimination and persecution of refugees are still lingering. The interest and the political will of many people in the world are needed to solve this problem. This article analyzes what efforts should be made with respect to human rights issues. This article concludes that, when comparing refugee acceptance and Korea, Korea needs to look at the common denominator of refugee law, human rights law, and international humanitarian law while looking at the treatment of refugees and displaced people from an inclusive approach, and reorganize law and policy. Since Korea is expected to gradually require inclusive policies, Korea should also supplement the legal system and take an inclusive approach. Although Korea as a member of the Refugee Convention, the Geneva Convention, and the Supplementary Protocol, has an obligation to enact domestic implementation laws, it does not reflect all of the obligations required by these conventions, so reorganization is needed.

A Study on the first inventor defense in the US patent law (미국에서의 선발명자 항변에 관한 연구)

  • Chang, Eun-Ik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.6
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    • pp.1319-1336
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    • 2006
  • The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

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The Party's Autonomy Principle on the Choice of the Applicable law to International Commercial Arbitral Awards - Focus on the Choice of the Lex Rercatoria and the Possibility of $d\acute{e}pe\c{c}age$ by the Party - (국제상사중재판정의 준거법선택에 있어서 당사자자치의 원칙 - 당사자에 의한 lex mercatoria의 선택과 준거법 분할지정의 가능여부를 중심으로 -)

  • O, Seog-Ung
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.117-136
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    • 2007
  • Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

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Design of a Stable Adaptive Controllor in the Presence of Disturbance (외란 투입시 안정한 적응 제어기 설계)

  • 천희영;박귀태;박승엽
    • The Transactions of the Korean Institute of Electrical Engineers
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    • v.35 no.12
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    • pp.573-578
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    • 1986
  • The adaptive control of a plant in the presence of disturbance is considered. In sevral papers, it was shown that bounded disturbance made the basic adaptive scheme unstable. For achieving robust stability in adaptive control system in the presence of disturbance, the pureintegration in the adaptive law is limited by means of an additional feedback term. In this paper, the suggested adaptive control law has property that the output error converges to zero whether the disturbance exist or not, without the priori knowledge. The adaptive controller suggested assure the boundness of all signal in the overall system. Finally, computer simulation show the effectiveness of the suggested adaptive control law.

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Infectious diseases in children and adolescents in the Republic of Korea: Past & recent status

  • Kim, Jong-Hyun
    • Clinical and Experimental Pediatrics
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    • v.54 no.12
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    • pp.489-500
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    • 2011
  • Compared to the past decades, in recent decades, environmental and hygienic conditions in the Republic of Korea have improved along with socioeconomic developments, and the incidence of most infectious diseases, especially vaccine-preventable diseases, has greatly decreased due to active immunization with the developed level of health care. However, the incidence of some diseases has been increasing, and new diseases have been emerging. To cope with such changes actively, the government put the "Law for Control and Prevention of Infectious Diseases" into effect; this law was entirely revised on December 30, 2010. In this report, I review the past and recent status of infectious diseases in the Republic of Korea, following the introduction of this law, on the basis of data in the "National Notifiable Disease Surveillance System", which had been accumulated between the years 1960 and 2010.

Control of a 3-DOF vertical articulated robotic system using nonlinear transformation control (비선형 변환제어에 의한 3자유도 수직 다관절 로봇의 제어)

  • Yang, Chang-Il;Baek, Yun-Su
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.21 no.11
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    • pp.1809-1818
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    • 1997
  • Mathematical models of industrial robots or manipulators are highly nonlinear equations with nonlinear coupling between the variables of motion. As the working speed has been fast, the effects of nonlinear terms have become serious. So the control algorithm based on approximately linearized equation looses the efficiency. In order to design the control law for the nonlinear models, Hunt-Su's nonlinear transformation method and Marino's feedback equivalence condition are used with linear quadratic regulator(LQR) theory in this study. Nonlinear terms of the system are eliminated and coupled terms are decoupled by this feedback law. This method is applied to a 3-D.O.F. vertical articulated manipulator by both experiments and simulations and compared with PID control which is widely used in the industry.

The Genealogical Study on Electronic Bill of Lading

  • LEE, Bong-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.349-370
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    • 2016
  • This thesis examines the problems faced in the electronic bill of lading for which improvements are necessary, and suggests various ways of overcoming those problems. First, to build a negotiation system for electronic B/Ls, active participation from related parties in addition to the government support is essential. Second, electronic B/Ls cannot be utilized within a short period of time in current commercial practices. Third, there should be infrastructure which connects all parties of international commerce through an electronic system. Fourth, instead of promoting mutual recognition through international treaty, there should be a plan which legally specifying mutual recognition between certification authorities. Fifth, it is needed to ease the strictness of electronic signature to promote the global negotiation of electronic B/Ls. Lastly, in prima facie weight of evidence, there was a significant difference with the Rotterdam Rules even in comparison with the Commercial Act which was amended with the significantly advanced rules on electronic B/L. He believed there should be a discreet consideration on these matters at the revision of the Commercial Act. For this, the government has to provide support more aggressively with more interest and commitments.

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A Comparative Study on the Marine Law Enforcement System of Korea, China and Japan - With emphasis on the amendment of Chinese Marine Law Enforcement System - (한.중.일(韓.中.日) 해상집법체제(海上執法體制)에 관한 비교연구(比較硏究) - 중국해상집법체제(中國海上執法體制)의 개선방안(改善方案)을 중심(中心)으로 -)

  • Park, Moon-Jin;Jin, Qiu
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.159-166
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    • 2006
  • 1994년 "유엔해양법협약"의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산엽관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

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Cooperative Guidance Law for Multiple Near Space Interceptors with Impact Time Control

  • Guo, Chao;Liang, Xiao-Geng
    • International Journal of Aeronautical and Space Sciences
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    • v.15 no.3
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    • pp.281-292
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    • 2014
  • We propose a novel cooperative guidance law design method based on the finite time disturbance observer (FTDO) for multiple near space interceptors (NSIs) with impact time control. Initially, we construct a cooperative guidance model with head pursuit, and employ the FTDO to estimate the system disturbance caused by target maneuvering. We subsequently separate the cooperative guidance process into two stages, and develop the normal acceleration command based on the super-twisting algorithm (STA) and disturbance estimated value, to ensure the convergence of the relative distance. Then, we also design the acceleration command along the line-of-sight (LOS), based on the nonsingular fast terminal sliding mode (NFTSM) control, to ensure that all the NSIs simultaneously hit the target. Furthermore, we prove the stability of the closed-loop guidance system, based on the Lyapunov theory. Finally, our simulation results of a three-to-one interception scenario show that the proposed cooperative guidance scheme makes all the NSIs hit the target at the same time.