• Title/Summary/Keyword: legal process

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A Case Study on Legal Systems related to Floating Building (플로팅 건축물 관련 국내외 법제도 사례 연구)

  • Lee, Han-Seok;Lee, Myung-Kwon;Kang, Young-Hun
    • Journal of Navigation and Port Research
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    • v.36 no.6
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    • pp.449-458
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    • 2012
  • Recently many different floating buildings are planed and constructed in the sea, river, etc. for active use of water spaces. But many problems are occurred in the process of floating building design, construction and management due to the inadequate legal system. This incomplete legal system has become one of the critical factors which are hampering the invigoration of floating buildings. Therefore this study is to suggest preliminary data and improvement directions through a case study with domestic and foreign examples of appropriate laws and law applications concerning floating buildings. As the results of this study the laws related to floating building have to be revised in the directions of qualifying legally floating building as 'building' but not 'ship', designating 'special zone' for floating building site, and applying the established 'building licensing procedure' to floating building also.

The Legal Problems and Policy Suggestions for Vitalizing Cyber Trade Transactions (사이버무역거래에 관한 법적 문제와 활성화방안)

  • 이신규
    • The Journal of Information Technology
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    • v.4 no.3
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    • pp.1-17
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    • 2001
  • This study is to examine some legal problems of cyber trade transactions and to suggest some policy implications to vitalize cyber trade by internet accomplishes electronic business from all process integration of production, marketing and customer service. However, there are some legal problems for the electronic commerce to be used in international trade activities such as trade contract transport documents and payment systems by internet. First international trade rules have to be legislated so that electronic documents has same legal function like traditional documents. Also electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality. Second, traditionally international payment systems such as letters of credits, remittance, documentary collections and open account have been operated as an important and popular method of payment. In the modern world of electronic commerce, information technology has made it possible to pay for the sale of goods and services over the internet. The payment methods such as Credit Card, Debit Card, Electronic Cash, Electronic Fund Transfers enable partly sellers, buyers and service providers to settle payment electronically through the internet. To settle the problems of payment systems, the security requirements for safe electronic Payments such as authenticity, integrity, non-repudiation have to be guaranteed. Also, electronic data interchange in transport documents has to be adopted and negotiability of electronic bills of lading has to be guaranteed. Electronic payment systems through SWIFT enable the sellers and the buyers to conduct and settle international business-to-business electronic commerce in case of solving the above problems and harmonizing the Bolero project.

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Alternative Dispute Resolution for TV Format Disputes (TV포맷 분쟁에 대한 대체적 분쟁해결 방안)

  • Lee, Jae-Kyoung
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.27-44
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    • 2016
  • The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

A Study on the Legal Protection of Fashion Designs and its Possibility under the Korean Design Protection Act - Based on the Review of Cases Related to the Requirements for a Design Definition and Acquisition of Design Rights and the Judgment of Design Identity & Similarity - (패션디자인의 디자인보호법상 보호와 보호 가능성에 관한 고찰 - 디자인 성립 및 등록요건과 동일·유사 판단 기준 관련 판례 검토를 중심으로 -)

  • Cho, KyeongSook;Jung, Seok Won
    • Journal of the Korean Society of Costume
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    • v.66 no.1
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    • pp.28-41
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    • 2016
  • This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

Local Self-Government in the Conditions of Digitization: International-Legal Experience

  • Perezhniak, Boris;Vasylchuk, Larysa;Bevz, Tetiana;Pyroha, Serhii;Ulianov, Oleksiy
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.165-170
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    • 2022
  • Nowadays more and more attention is paid to digital technologies, digitization, and the digitization of public services in particular. Progressive countries aim to build "digital" governance and a digital economy. In this aspect, the international experience of using digitization in the field of public administration, including in local self-government bodies, plays an important role. Therefore, it is important to analyze the international legal experience of the functioning of local self-government in the conditions of digitization. The purpose of the work is to study the international legal experience of the functioning of local self-government in the conditions of digitization. The object of the study is local self-government in the conditions of digitization through the prism of international legal experience. The subject of the study is social relations that arise, change, and cease during the implementation of digitization in local self-government in Ukraine and foreign countries. The research methodology consists of such methods as the method of philosophical hermeneutics; dialectical method; classification method; comparative method; target method; method of documentary analysis; generalization method. Research results. As a result of the conducted research, the international experience of the functioning of local self-government in conditions of digitization was analyzed. In particular, the impact of digitization processes on the course of the decentralization reform in Ukraine is summarized. Also, from the analysis of international experience, a conclusion was made about the potential possibility of reducing the existing gap in the process of communication between the central government and united territorial communities thanks to the introduction of the latest technologies in the field of administrative services, to stimulate innovative and economic development of regions, attracting the attention of businesses and potential investors, as well as the functioning of more open local authorities with electronic communication tools.

Software Industry and Patents : Legal Evolution and Economic Arguments (소프트웨어 산업과 특허: 법적 진화와 경제적 쟁점)

  • Hahn, Yoon-Hwan
    • Journal of Korea Society of Industrial Information Systems
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    • v.15 no.2
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    • pp.99-113
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    • 2010
  • Beyond the rapid normalization process of patents in software industry, complex legal evolution and rigorous economic arguments underlie the crucial environmental transformation of the industry. In this article, we trace the evolutionary history for the theory and practice of patents in software industry from both legal and economic perspectives. First, we study the legal disputes and cases in light with the underpinnings of patent policy transformation, and then delve into the economic backrounds of the pros and cons for software patents, with special focus on the generic economic peculiarities of software industry. The fact that historical and practical policy and law in Korea have been largely affected from those of USA, and relative deficiency in the law, economics and management literature are the main motivation of the study, and we hope this study to contribute to the decision making of policymakers as well as law and business practitioners.

Importance of biomass management acts and policies after phytoremediation

  • Song, Uhram;Park, Hun
    • Journal of Ecology and Environment
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    • v.41 no.3
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    • pp.93-98
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    • 2017
  • Background: Although phytoremediation is a promising method for pollution control, biomass produced by the remediation process must be managed; otherwise, it will eventually return to the environment and cause secondary pollution. Therefore, research and policy development for the post-remediation management of biomass are both required. Results: While there are many published studies of phytoremediation, research into post-remediation management is very limited. Therefore, a new study using biomass as a co-composting material was conducted and showed positive effects on soil characteristics and plant performance. However, despite its potential, research and policies to promote this form of management are still lacking. Conclusions: We suggest public engagement in support of "Post-phytoremediation management" legislation that stipulates management of biomass after phytoremediation, promotes recycling of biomass with known environmental risks, and includes specific policies developed for managers. Further research to support and inform such policies and laws is also required.

Aspects of Regulatory and Legal Implications on evoting

  • Kosmopoulos, Athanassios
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.311-331
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    • 2004
  • This paper addresses the democracy-oriented regulatory and legal requirements that e-democracy impacts. It demonstrates that the structure of the political system also plays a significant role in the decision to develop an e-voting application. The short term perspective of the questions put before the electorate obliterate the long term perspective in which many policy problems have to be seen. A well-designed e-voting system should produce an audit trail that is even stronger than that of conventional systems (including paper-based systems). Remote Internet voting systems pose significant risk to the integrity of the voting process, and should not be fielded for use in public elections until substantial technical and social science issues are addressed. Conclusively the paper focuses on the specific attributes an electronic voting (polling place) system should respect and ensure such as transparency, verifiability, accountability, security and accuracy in relation to the constitutional requirements such as General, Free. Equal, Secret, Direct and Democratic.

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Analysis of Policy Priorities for Training Agro-healing Experts Using the AHP Method (치유농업 전문가 양성을 위한 정책 우선순위 분석)

  • Hong, Ji-Young;Lee, Byung-Oh
    • Journal of Agricultural Extension & Community Development
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    • v.23 no.4
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    • pp.419-429
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    • 2016
  • This study focuses on the policy priorities for training agro-healing experts. Training agro-healing experts is an important task that should boost local community in rural areas. In order to make an efficient decision making, the study analyses priority of relevant policies using the AHP(Analytic Hierarchy Process) method. According to the results, R&D comes out first. Human Resource Development(HRD), financial support, and the construction of legal system comes after R&D. In R&D, qualifications and guidelines for participants comes out the most significant issue. In the aspect of HRD, it is very important to develop and utilize regional personnel such as unemployed youth and retirees from related fields. As for financial support, funding for educational facilities (i.e. classrooms and farmland for practice) is needed. In case of legal system, it is desirable to introduce the recruiting experts system and qualification system certified by government.

A Condition Analysis and Response Measures of Cyberstalking (사이버스토킹의 실태 및 고찰에 관한 연구)

  • Kim, Tae-Hwan;Jung, Il-Seok
    • Journal of the Korean Society of Hazard Mitigation
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    • v.4 no.3 s.14
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    • pp.19-23
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    • 2004
  • In current society, there has been rapid change in process towards the information society from the industrial society. Cyberstalking can be regarded as a kind of new comer in the issue of contemporary crimes. The Cyberstalking has been focused on famous people and entertainers in th past, whereas more seriously, the range of victims has expanded to the public in recent. Form this aspect, the goal of this study is establish the cyberstalking by considering causes, characteristics and suggest legal, social methods.