• Title/Summary/Keyword: legal permission

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A Study for International Standardization of China Arbitration System (중국중재제도의 국제표준화에 대한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.117-138
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    • 2008
  • This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

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Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

A New Approach on the Arbitration Agreement (중재합의에 대한 새로운 고찰)

  • Sohn, Kyung-Han;Shim, Hyun-Joo
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.55-84
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    • 2013
  • There should be an arbitration agreement between concerned parties in order to resolve a dispute through arbitration. The arbitration procedures, including the selection of the arbitrator and the adjudicative rights of the arbitrator, are based on the arbitration agreement. In other words, the arbitration procedure and adjudication can be carried out within the boundaries of the arbitration agreement. Traditionally, the Doctrine of Separability of the arbitration agreement has been acknowledged in order to emphasize its importance and to clearly separate it from the contract. Today, when the Doctrine of Separability of the arbitration agreement is well established, overemphasizing this separability could hamper its effectiveness and the autonomy of the parties. Moreover, arbitration agreements in the past were required to be written, clarifying the existence of the agreement and determining the scope of its validity. Further, an arbitration agreement was considered as narrowly as possible. However, since arbitration has become a generalized resolution for disputes, the formal or content requirements should be reconsidered. In terms of validity, the subjective and objective scope should necessarily be extended as a means to resolve disputes related to an arbitration agreement and reduce the resolution cost and duration. Under this perspective, the arbitration theory should now focus on arbitration agreements rather than the place of arbitration. We should break from the nationalistic view, which understands that the arbitration system is a part of the national legal system and that arbitration is allowed solely by permission of the nation. Instead, we should extensively reinterpret the subject of arbitration agreement and its range of effects so that disputes can be resolved between the concerned parties under a single procedure and norm, a necessary step forward. Moreover, in spite of the positive contribution and role of the New York Convention toward the establishment and development of the international arbitration system, there should be an effort to overcome its deterioration. As mentioned in the recommendations regarding the interpretation of the arbitration agreement in the New York Convention in 2006, we should begin by striving to match the Convention as a means of interpretation with the changes of the twenty-first century. Ultimately, we should meet the demands of the new era through amendments to the Convention.

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Characteristics Type of Vascular Plants in Jeokjabong, Bogil Island(Jeonnam) (보길도(전남) 적자봉 일대의 관속식물상 유형별 특성)

  • Oh, Hyun-Kyung;Beon, Mu-Sup
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.14 no.4
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    • pp.25-40
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    • 2011
  • The vascular plants in Jeokjabong, Bogil Island were listed 350 taxa composed of 89 families, 233 genera, 309 species, 1 subspecies, 36 varieties and 4 forms. Divided into woody plants were 142 taxa (40.6%) and herbaceous plants were 208 taxa (59.4%). Based on the list of rare and endangered species by Korea Forest Service and Korea National Arboretum, 3 taxa were recorded; Celtis choseniana, Asarum maculatum, Rubus sorbifolius, and endemic plants, 10 taxa were recorded; Asarum maculatum, Cephalotaxus koreana, Carpinus coreana, Celtis choseniana, Lespedeza maritima, Indigofera koreana, Dendropanax morbifera, Ligustrum quihoui var. latifolium, Weigela subsessilis, Carex okamotoi, and plant species subject to permission for taking abroad, 4 taxa were recorded; Celtis choseniana, Asarum maculatum, Vaccinium oldhami, Carex okamotoi. Based on the list of floristic regional indicator plants by Korean Ministry of Environment were total 64 taxa (18.3% of all 350 taxa of vascular plants); Ligustrum quihoui var. latifolium in class IV, 19 taxa (Stauntonia hexaphylla, Cinnamomum japonicum, Zanthoxylum ailanthoides, Daphniphyllum macropodum, Centella asiatica, Verbena officinalis, Mitchella undulata, etc.) in class III, 5 taxa (Potentilla dickinsii, Ostericum melanotilingia, Sanicula rubriflora, Caryopteris incana, Teucrium veronicoides) in class II and 39 taxa (Gleichenia dichotoma, Cyrtomium fortunei, Aphananthe aspera, Rubus hirsutus, Meliosma myriantha, Hedera rhombea, Ainsliaea apiculata, etc.) in class I. Based on the list of naturalized plants, 5 families, 17 genera, 20 taxa (Phytolacca americana, Lepidium virginicum, Robinia pseudo-acacia, Verbesina alternifolia, Lolium perenne, etc.) and naturalization rate was 5.7% of all 350 taxa of vascular plants. Hereafter natural ecosystem into disturbance on naturalized plants and legal protection species and rare and endangered species distribute in the Bogil Island, precision investigation after management counterplan of the monitoring a point of view be required.

A Study on University Students' Subjective Perception of Multicultural Society (대학생들의 다문화 사회에 대한 주관적 인식 연구)

  • Seo, Dong-Hee;Jeon, Hee-Jeong
    • Journal of the Korea Convergence Society
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    • v.10 no.11
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    • pp.437-444
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    • 2019
  • The purpose of this study is to stereotype the subjective perception of multicultural societies of university students and to identify the characteristics and differences by types. To this end, the Q methodology was utilized and 31 college students were selected. According to the analysis, there were four types of university students' perception on multicultural societies. Type 1 was an 'aggressive acceptance' which aggressively and positively embraces multicultures. Type 2 was a 'its national first priority', which put the Korean first before immigrants. Type 3 was 'reasonable acceptance' that accepts multiculturalism within the reasonable and legal bounds. Type 4 was 'limited permission' which agrees to accept immigrants restrictively. Based on the results of this study, thought-provoking ways needed to realize multicultural societies were explored.

A Study on the Improvement of the Development Charges System (개발부담금 제도 개선방안에 관한 연구)

  • Choi, YeunHee;Yu, SeonBong
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.61-71
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    • 2019
  • In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

Efficacy of Disinfectants and Sanitizers of Chlorine Oxide Bubbling Tablets (기포 발생형 타정제의 살균세정 효과)

  • Ji, Won Dae;Kang, Sang Gu;Lee, Kyung Eun
    • Journal of Life Science
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    • v.25 no.9
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    • pp.1036-1042
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    • 2015
  • By using effective sanitizers, early block for transmission of pathogens is the effective way to prevent epidermic outbreaks. Here we developed a chlorine oxide bubbling type of sanitizing tablets and evaluated the disinfectant and sanitization effects. The sanitizers showed 99.999% of sanitization effect for Escherichia coli ATCC 10536 and Staphylococcus aureus ATCC 6538 strains for 5 min±10 sec on 20±1℃ in clean condition by dilution-neutralization method. It reduced more than 5 log10 cfu/ml of a legal permission standard of colony reduction. When a few used socks and underwear soaked for one hour in the 0.1% of the sanitizing tablets, no microorganisms were grown on CHROMagar plates. However, on CHROMagar plates of the no sanitizing tablets treated control, about 6.5×104 cfu/ml of Staphylococcus sp., Klebsiella sp. and Enterococus sp. were grown. Furthermore, the sanitizing tablets killed approximately 1.5x108 cfu/ml of E. coli BL21 in 5 minutes. Therefore, we concluded that the chlorine based bubbling type of sanitizing tablets satisfied the legal standard for the regulation of food and drug safety for disinfectants and sanitizers to pathogens and daily supplies.

Brain Death and Heart Transplantation in Korea: A Questionnaire Survey (한국에서의 심장이식수술 - 설문조사를 중심으로 -)

  • Lee, Hyeong-Gyo;Kim, Won-Gon;Yu, Se-Yeong
    • Journal of Chest Surgery
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    • v.23 no.6
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    • pp.1204-1212
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    • 1990
  • Recent social and medical developments have significantly changed both the concept of death and the criteria for its pronouncement. Instead of considering. the heart as central to the determination for death, it is now prevalent to use death of the brain as adequate for death regardless of cardiac function in most western countries. But the brain death theory is not yet legally accepted despite growing public interest in our country due mainly to customary and moral reasons. Subsequently heart transplantation, which necessitates the concept of brain death, still remains a possible surgical entity in the future. As a part of endeavor the evaluate social atmosphere for the legal acceptance of the concept of brain death and the availability of potential heart donors, a four-page questionnaire on brain death and cardiac transplantation was given to the sophomore students of a medical college in Seoul[n=116, group I] and their family members[n=83, group II ]. The groups were chosen under the assumptions that they lacked sophisticated medical knowledge but had general medical interest so reliable data could be obtained. The majority of respondents in both group I and II thought that they knew the concept of brain death[group I 99.1%, group II 93.3%] and the definition of heart transplantation[group I 94%, group II 67.6%] at least to some extent, but only a small proportion of them was proven to have correct knowledge: brain death[74.4%, group II 39. 8%], heart transplantation[group I 31.9%, group II 30.1%]. Most respondents answered in the affirmative for the legal approval of brain death[group I 87.8%, group Il 97.9%]. The possibility of medical usage of brain dead organs was the biggest reason for brain death[group I 52.9%, group Il 47.9%]. Ninety-one percent of group I and 89.1 percent of group II responded that they were willing to give permission for donating the heart of brain-dead family members. Fifty-nine percent of group I and 51.9 percent of group II wanted their own heart donated. These results suggest, despite some inherent sampling limitations, that favorable responses to brain death and heart transplantation can be obtained among the general public if they are properly informed.

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A Study on the Collection and Application Measures for Media Platform Based Materials (매체 플랫폼 기반 자료의 수집 및 적용 방안 연구)

  • Younghee Noh;Youngmi Jung;Aekyoung Son;Inho Chang;Hyunju Cha
    • Journal of Korean Library and Information Science Society
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    • v.55 no.1
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    • pp.193-214
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    • 2024
  • This study aimed to propose a method for collecting and applying media platform based materials at the National Library of Korea. Firstly, we analyzed the current status and limitations of data collection based on domestic media platforms, including the National Library of Korea. Secondly, a literature review method was used to investigate the current status and types of digital content based on media platforms. Thirdly, we identified the types of materials based on media platforms that are not currently included in the National Central Library's online material collection guidelines through the examination of cases from major overseas libraries. Fourthly, after reviewing technical and legal elements such as the definition of collection targets and scope for each new media, and collection methods, we established collection criteria. Fifthly, based on the research results, the policies proposed in this study are as follows: 1) there is a need to establish a clear legal basis for the collection of media platform based materials; 2) the development and presentation of collection guidelines for media platform based materials is necessary; 3) the development of collection tools and infrastructure for media platform based materials is required; 4) for the collection of media platform based materials, it is necessary to obtain permission for collection from targeted social media organizations, and to cooperate in linkage with organizations that produce and service extended reality content; 5) for the service activation of media platform based materials, it is necessary to improve accessibility for the usage activation of these materials, to enhance the content extensibility and ease of use of the e-deposit system including extended reality content, and to advance and construct spaces for reproducing extended reality content.