• 제목/요약/키워드: ownership regulation

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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.

Korean V2G Technology Development for Flexible Response to Variable Renewable Energy (변동성 재생e 유연 대응을 위한 한국형 V2G 기술개발)

  • Son, Chan;Yu, Seung-duck;Lim, You-seok;Park, Ki-jun
    • KEPCO Journal on Electric Power and Energy
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    • v.7 no.2
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    • pp.329-333
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    • 2021
  • V2G (Vehicle to Grid) technology for an EV (Electric Vehicle) has been assumed as so promising in a near future for its useful energy resource concept but still yet to be developed around the world for specific service purposes through various R&BD projects. Basically, V2G returns power stored in vehicle at a cheaper or unused time to the grid at more expensive or highly peaked time, and is accordingly supposed to provide such roles like peak shaving or load levelling according to customer load curve, frequency regulation or ancillary reserves, and balancing power fluctuation to grid from the weather-sensitive renewable sources like wind or solar generations. However, it has recently been debated over its prominent usage as diffusing EVs and the required charging/discharging infrastructure, partially for its addition of EV ownership costs with more frequent charging/discharging events and user inconvenience with a relative long-time participation in the previously engaged V2G program. This study suggests that a Korean DR (Demand Response) service integrated V2G system especially based upon a dynamic charge/pause/discharge scheme newly proposed to ISO/IEC 15118 rev. 2 can deal with these concerns with more profitable business model, while fully making up for the additional component (ex. battery) and service costs. It also indicates that the optimum economic, environmental, and grid impacts can be simulated for this V2G-DR service particularly designed for EV aggregators (V2G service providers) by proposing a specific V2G engagement program for the mediated DR service providers and the distributed EV owners.

Economic Effect of Regulation in Logistics/Transport Industry (물류운송산업 규제의 경제적 효과)

  • KIM, Jungwook;WI, Suhyeon
    • Journal of Korean Society of Transportation
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    • v.35 no.3
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    • pp.169-182
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    • 2017
  • This research reviews regulations on logistics/transport industry and attempts to quantify the effects of regulation mitigation on GDP per capita. South Korea's transport industry has been gradually expanding, however, the industrial structure is still short rooted. In 2014, average number of hours worked is 5th highest and wage margin 12th smallest out of 18 industries. Furthermore, the regulations for this industry appear to be stricter than those of other industries. OECD's logistics/transport industry regulatory index for South Korea has been decreasing for the last 40 years but still exceeds those of EU, Japan, US, and other countries. This paper provides supporting reasons for regulatory reforms by analyzing the ripple effects on real GDP. Factors such as the ratio of trade among GDP, the enrollment rate to primary school, energy usage per capita, and population are controlled in the fixed-effect model. Estimation results showed that 1 unit decrease in transport/logistics regulatory index is correlated with 8.1% increase of the real GDP per capita, that is, 10% of deregulation is expected to yield 2.16% increase in GDP per capita. Thus, it is expected that mitigating regulations on market entries, price determination, ownership structures of network industry, vertical integrations can improve the economy of South Korea.

An Exploratory Research on the Relationship between Commuters' Residential and Traffic Characteristics and the Intention to Move : A Case Study on Residents in Suwon (통근자의 가구 및 교통 특성과 이사의향에 관한 탐색적 연구 : 수원시민을 대상으로)

  • Son, Woong Bee;Jang, Jae Min
    • Korea Real Estate Review
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    • v.28 no.2
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    • pp.35-47
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    • 2018
  • Securing a stable residential location is one of the most important decisions that must be made in the modern society. On this matter, both individuals and their families must decide on where to live after taking into consideration various analyses. Contributing attributes in the selection of our dwelling place are crucial. In this research, influencing variables were derived from the intention to move by focusing on the characteristics of the household and traffic conditions, while implications were suggested through a comparison of urban characteristics. Suwon was selected as the case study. The result of the analysis showed the city of Suwon has longer communal satisfaction, relies on self-sufficiency, and is conscious of parking regulation. Preferences for rental housing, having infants and elementary school kids, high savings, and commuter convenience in Suwon and Gyeonggi-do ranked higher in the hierarchy of the intention to move. Compared to Gyeonggi-do, Suwon was influenced by commuters in the city and parking regulation-related variables. Meanwhile, Gyeonggi-do was affected by the lack of public transportation facilities and traffic congestion. Suwon, on the other hand, has a high share of passenger car ownership, so it seems that the psychological stability of parking space is significant. This research will contribute in the policy-making of Suwon, especially on the subject of migration prediction of citizens and real estate location selection, through analyses of variables related to the intention to move to a new residence.

The Outcome of the 6th ICAO Worldwide Air Transport Conference and Fair Competition Policy in International Air Transport (국제항공운송의 최근 동향과 항공운송의 공정경쟁정책 -ICAO 제6차 세계항공운송회의 결과를 중심으로-)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.97-114
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    • 2013
  • The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

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A Study on the Forest Land System in the YI Dynasty (이조시대(李朝時代)의 임지제도(林地制度)에 관(關)한 연구(硏究))

  • Lee, Mahn Woo
    • Journal of Korean Society of Forest Science
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    • v.22 no.1
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    • pp.19-48
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    • 1974
  • Land was originally communized by a community in the primitive society of Korea, and in the age of the ancient society SAM KUK-SILLA, KOKURYOE and PAEK JE-it was distributed under the principle of land-nationalization. But by the occupation of the lands which were permitted to transmit from generation to generation as Royal Grant Lands and newly cleared lands, the private occupation had already begun to be formed. Thus the private ownership of land originated by chiefs of the tribes had a trend to be gradually pervaded to the communal members. After the, SILLA Kingdom unified SAM KUK in 668 A.D., JEONG JEON System and KWAN RYO JEON System, which were the distribution systems of farmlands originated from the TANG Dynasty in China, were enforced to established the basis of an absolute monarchy. Even in this age the forest area was jointly controlled and commonly used by village communities because of the abundance of area and stocked volume, and the private ownership of the forest land was prohibited by law under the influence of the TANG Dynasty system. Toward the end of the SILLA Dynasty, however, as its centralism become weak, the tendency of the private occupancy of farmland by influential persons was expanded, and at the same time the occupancy of the forest land by the aristocrats and Buddhist temples began to come out. In the ensuing KORYO Dynasty (519 to 1391 A.D.) JEON SI KWA System under the principle of land-nationalization was strengthened and the privilege of tax collection was transferred to the bureaucrats and the aristocrats as a means of material compensation for them. Taking this opportunity the influential persons began to expand their lands for the tax collection on a large scale. Therefore, about in the middle of 11th century the farmlands and the forest lands were annexed not only around the vicinity of the capital but also in the border area by influential persons. Toward the end of the KORYO Dynasty the royal families, the bureaucrats and the local lords all possessed manors and occupied the forest lands on a large scale as a part of their farmlands. In the KORYO Dynasty, where national economic foundation was based upon the lands, the disorder of the land system threatened the fall of the Dynasty and so the land reform carried out by General YI SEONG-GYE had led to the creation of ensuing YI Dynasty. All systems of the YI Dynasty were substantially adopted from those of the KORYO Dynasty and thereby KWA JEON System was enforced under the principle of land-nationalization, while the occupancy or the forest land was strictly prohibited, except the national or royal uses, by the forbidden item in KYEONG JE YUK JEON SOK JEON, one of codes provided by the successive kings in the YI Dynasty. Thus the basis of the forest land system through the YI Dynasty had been established, while the private forest area possessed by influential persons since the previous KORYO Dynasty was preserved continuously under the influence of their authorities. Therefore, this principle of the prohibition was nothing but a legal fiction for the security of sovereign powers. Consequently the private occupancy of the forest area was gradually enlarged and finally toward the end of YI Dynasty the privately possessed forest lands were to be officially authorized. The forest administration systems in the YI Dynasty are summarized as follows: a) KEUM SAN and BONG SAN. Under the principle of land-nationalization by a powerful centralism KWA JEON System was established at the beginning of the YI Dynasty and its government expropriated all the forests and prohibited strictly the private occupation. In order to maintain the dignity of the royal capital, the forests surounding capital areas were instituted as KEUM SAN (the reserved forests) and the well-stocked natural forest lands were chosen throughout the nation by the government as BONG SAN(national forests for timber production), where the government nominated SAN JIK(forest rangers) and gave them duties to protect and afforest the forests. This forest reservation system exacted statute labors from the people of mountainious districts and yet their commons of the forest were restricted rigidly. This consequently aroused their strong aversion against such forest reservation, therefore those forest lands were radically spoiled by them. To settle this difficult problem successive kings emphasized the preservation of the forests repeatedly, and in KYEONG KUK DAI JOEN, the written constitution of the YI Dynasty, a regulation for the forest preservation was provided but the desired results could not be obtained. Subsequently the split of bureaucrats with incessant feuds among politicians and scholars weakened the centralism and moreover, the foreign invasions since 1592 made the national land devasted and the rural communities impoverished. It happned that many wandering peasants from rural areas moved into the deep forest lands, where they cultivated burnt fields recklessly in the reserved forest resulting in the severe damage of the national forests. And it was inevitable for the government to increase the number of BONG SAN in order to solve the problem of the timber shortage. The increase of its number accelerated illegal and reckless cutting inevitably by the people living mountainuos districts and so the government issued excessive laws and ordinances to reserve the forests. In the middle of the 18th century the severe feuds among the politicians being brought under control, the excessive laws and ordinances were put in good order and the political situation became temporarily stabilized. But in spite of those endeavors evil habitudes of forest devastation, which had been inveterate since the KORYO Dynasty, continued to become greater in degree. After the conclusion of "the Treaty of KANG WHA with Japan" in 1876 western administration system began to be adopted, and thereafter through the promulgation of the Forest Law in 1908 the Imperial Forests were separated from the National Forests and the modern forest ownership system was fixed. b) KANG MU JANG. After the reorganization of the military system, attaching importance to the Royal Guard Corps, the founder of the YI Dynasty, TAI JO (1392 to 1398 A.D.) instituted the royal preserves-KANG MU JANG-to attain the purposes for military training and royal hunting, prohibiting strictly private hunting, felling and clearing by the rural inhabitants. Moreover, the tyrant, YEON SAN (1495 to 1506 A.D.), expanded widely the preserves at random and strengthened its prohibition, so KANG MU JANG had become the focus of the public antipathy. Since the invasion of Japanese in 1592, however, the innovation of military training methods had to be made because of the changes of arms and tactics, and the royal preserves were laid aside consequently and finally they had become the private forests of influential persons since 17th century. c) Forests for official use. All the forests for official use occupied by government officies since the KORYO Dynasty were expropriated by the YI Dynasty in 1392, and afterwards the forests were allotted on a fixed standard area to the government officies in need of firewoods, and as the forest resources became exhausted due to the depredated forest yield, each office gradually enlarged the allotted area. In the 17th century the national land had been almost devastated by the Japanese invasion and therefore each office was in the difficulty with severe deficit in revenue, thereafter waste lands and forest lands were allotted to government offices inorder to promote the land clearing and the increase in the collections of taxes. And an abuse of wide occupation of the forests by them was derived and there appeared a cause of disorder in the forest land system. So a provision prohibiting to allot the forests newly official use was enacted in 1672, nevertheless the government offices were trying to enlarge their occupied area by encroaching the boundary and this abuse continued up to the end of the YI Dynasty. d) Private forests. The government, at the bigninning of the YI Dynasty, expropriated the forests all over the country under the principle of prohibition of private occupancy of forest lands except for the national uses, while it could not expropriate completely all of the forest lands privately occupied and inherited successively by bureaucrats, and even local governors could not control them because of their strong influences. Accordingly the King, TAI JONG (1401 to 1418 A.D.), legislated the prohibition of private forest occupancy in his code, KYEONG JE YUK JEON (1413), and furthermore he repeatedly emphasized to observe the law. But The private occupancy of forest lands was not yet ceased up at the age of the King, SE JO (1455 to 1468 A.D.), so he prescribed the provision in KYEONG KUK DAI JEON (1474), an immutable law as a written constitution in the YI Dynasty: "Anyone who privately occupy the forest land shall be inflicted 80 floggings" and he prohibited the private possession of forest area even by princes and princesses. But, it seemed to be almost impossible for only one provsion in a code to obstruct the historical growing tendecy of private forest occupancy, for example, the King, SEONG JONG (1470 to 1494 A.D.), himself granted the forests to his royal families in defiance of the prohibition and thereafter such precedents were successively expanded, and besides, taking advantage of these facts, the influential persons openly acquired their private forest lands. After tyrannical rule of the King, YEON SAN (1945 to 1506 A.D.), the political disorder due to the splits to bureaucrats with successional feuds and the usurpations of thrones accelerated the private forest occupancy in all parts of the country, thus the forbidden clause on the private forest occupancy in the law had become merely a legal fiction since the establishment of the Dynasty. As above mentioned, after the invasion of Japanese in 1592, the courts of princes (KUNG BANGG) fell into the financial difficulties, and successive kings transferred the right of tax collection from fisherys and saltfarms to each KUNG BANG and at the same time they allotted the forest areas in attempt to promote the clearing. Availing themselves of this opportunity, royal families and bureaucrats intended to occupy the forests on large scale. Besides a privilege of free selection of grave yard, which had been conventionalized from the era of the KORYO Dynasty, created an abuse of occuping too wide area for grave yards in any forest at their random, so the King, TAI JONG, restricted the area of grave yard and homestead of each family. Under the policy of suppresion of Buddhism in the YI Dynasty a privilege of taxexemption for Buddhist temples was deprived and temple forests had to follow the same course as private forests did. In the middle of 18th century the King, YEONG JO (1725 to 1776 A.D.), took an impartial policy for political parties and promoted the spirit of observing laws by putting royal orders and regulations in good order excessively issued before, thus the confused political situation was saved, meanwhile the government officially permittd the private forest ownership which substantially had already been permitted tacitly and at the same time the private afforestation areas around the grave yards was authorized as private forests at least within YONG HO (a boundary of grave yard). Consequently by the enforcement of above mentioned policies the forbidden clause of private forest ownership which had been a basic principle of forest system in the YI Dynasty entireely remained as only a historical document. Under the rule of the King, SUN JO (1801 to 1834 A.D.), the political situation again got into confusion and as the result of the exploitation from farmers by bureaucrats, the extremely impoverished rural communities created successively wandering peasants who cleared burnt fields and deforested recklessly. In this way the devastation of forests come to the peak regardless of being private forests or national forests, moreover, the influential persons extorted private forests or reserved forests and their expansion of grave yards became also excessive. In 1894 a regulation was issued that the extorted private forests shall be returned to the initial propriators and besides taking wide area of the grave yards was prohibited. And after a reform of the administrative structure following western style, a modern forest possession system was prepared in 1908 by the forest law including a regulation of the return system of forest land ownership. At this point a forbidden clause of private occupancy of forest land got abolished which had been kept even in fictitious state since the foundation of the YI Dynasty. e) Common forests. As above mentioned, the forest system in the YI Dynasty was on the ground of public ownership principle but there was a high restriction to the forest profits of farmers according to the progressive private possession of forest area. And the farmers realized the necessity of possessing common forest. They organized village associations, SONGE or KEUM SONGE, to take the ownerless forests remained around the village as the common forest in opposition to influential persons and on the other hand, they prepared the self-punishment system for the common management of their forests. They made a contribution to the forest protection by preserving the common forests in the late YI Dynasty. It is generally known that the absolute monarchy expr opriates the widespread common forests all over the country in the process of chainging from thefeudal society to the capitalistic one. At this turning point in Korea, Japanese colonialists made public that the ratio of national and private forest lands was 8 to 2 in the late YI Dynasty, but this was merely a distorted statistics with the intention of rationalizing of their dispossession of forests from Korean owners, and they took advantage of dead forbidden clause on the private occupancy of forests for their colonization. They were pretending as if all forests had been in ownerless state, but, in truth, almost all the forest lands in the late YI Dynasty except national forests were in the state of private ownership or private occupancy regardless of their lawfulness.

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How Does the Internal Colonialism of Local Broadcasting Work? Focusing on Governance Including the Appointment of CEO and Its Improvement (지역방송의 내부 식민지는 어떻게 작동하는가? 사장선임 등 지배구조 분석과 개선방안)

  • Kim, Jae-Young;Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.78
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    • pp.35-78
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    • 2016
  • This study pays attention to the assumption that the governance including the appointment of CEO is a key factor in the internal colonialism of local broadcasting. To evaluate the tendencies, it collects and analyzes the profile of CEOs, directors, and shareholders of the 17 regional affiliates of MBC and 9 local commercial broadcasting companies between the early and mid-1990s and 2015. It also discusses the local broadcasting personnel and its operations. By doing so, the study attempts to reveal how the internal colonialism of local broadcasting works. It finds out that the governance of regional broadcasters of MBC is controlled by the head office located in Seoul. At the same time, the governance of local commercial broadcasters is encroached by the tyrannical practices of major shareholders caused by the non-separation of ownership and management. These kinds of abnormal management of governance tend to constrain the investment on personnel and production. Finally, this study suggests some desirable directions of governance focusing on the appointment of CEO in terms of both legislative system and self-regulation. They include establishing a new proviso for programming protocols in local broadcasting, introducing a CEO & non-executive director nomination committee, and so forth.

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A Study on the Parking Supply and Management Strategics for Multi-Family Housing Sites (공동주택 주차공급 및 관리방안 연구)

  • 안정근
    • Journal of Korean Society of Transportation
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    • v.17 no.2
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    • pp.41-53
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    • 1999
  • The rate of automobile ownerships has been increased significantly in multi-family housing sites so that government has made new parking regulations increasing the rate of parking supply by the high demand of parking lots in multi-family housing sites. However, the new regulation of parking supply has several problems that it applies to only new multi-family housing sites and disregards to the locational distinctions around the sites. It also has reduced to the open spaces in the sites and increased the price of housing units especially to the small size units of multi-family housing sites by increasing the number of underground parking lots. Furthermore, the residents have not been equal opportunity to access their parking lots even though they have been charged to equal amount of financial burden for the construction of underground parking lots. This research aims to relieve above problems by analysing parking supply and demand management strategies both domestic and foreign countries, and suggest to new parking management system for multi-family housing sites in 21st Centuries. This research reveals that most of multi-family housing sites want to be applied 1) diverse parking supply regulations considering the locational distinctions of sites, 2) parking lot ownership programs, 3) charging parking fees to second vehicles, 4) increasing parking lots both in the sites and around the sites, 5) enforcing police power to the parking violation vehicles to their sites. Especially, the multi-family housing sites consisting of small & medium size of units and locating in small & medium size of cites strongly want to be accepted new Parking regulations considered their locational and social distinctions and applied police power to the parking violation vehicles in their sites compared to the other multi-family housing sites.

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A Revisit to the Forest Policy of Korea during the Period of 1906-1910 under the Spheres of Influence of Japan - With a Special Reference to an Attempted Incident of Wando Bongsan - (통감부시기(統監府時期)(1906-1910)의 삼림정책(森林政策)에 관한 고찰(考察) - 완도봉산(封山) 불하미수사건을 중심으로 -)

  • Bae, Jae Soo;Youn, Yeo Chang
    • Journal of Korean Society of Forest Science
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    • v.84 no.1
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    • pp.48-62
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    • 1995
  • In the paper, the forest policy of Korea during the period of 1906 to 1910 under the spheres of Japanese influence was revisited by considering the incident of attempting sales of the old Crown forest reserve in Wando to a Japanese business man with a failure and the national forest policies of the Residence General in Korea of the Japanese Imperial. The factors, both the internal and external, behind the scene of the incident are considered for the explanation for the development of the incident with the forest reserve in Wando. The forest policy during the period considered involves the exploitation of virgin forests in the northern provinces near the rivers bordered with China and Russia, the introduction of forest law, which is the first modern regulation enacted with the heavy influence of the Japanese interest in the colonization of Korea. The intentions of the Japanese Colonial Power for the exploitation of forest resources in Korea were interpreted by investigating the report on the situation of forest ownership in Korea prepared by Japanese forest officers who surveyed the Korean forest areas by sampling just before the beginning of colonization.

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A Study on Main Issues of the Constitutional Petition against "the Newspaper Law" (신문법 위헌소송의 주요 쟁점에 관한 연구)

  • Lee, Yong-Sung
    • Korean journal of communication and information
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    • v.33
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    • pp.227-251
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    • 2006
  • The Law Ensuring the Freedom and the Functions of Liability of the Newspapers ("The Newspaper Law") which was passed in the National Assembly on January 1, 2005 is considered as a tremendous setback compared to "the Newspaper Bill" of civil press organizations. Of the two instruments to ensure the editorial freedom, the regulation on the newspaper company ownership share distribution was eliminated and the editorial committee (editorial codes of ethics) became an arbitrary system. That is, the Newspaper Law was criticized as a law of "half-success." However, the Newspaper Law has its own benefit by institutionalizing the establishment of the Korea Commission for the Press, the Press Fund, and the Korea Newspaper Circulation Service for Promoting Newspaper Businesses and by strengthening the criteria to estimate market dominant businesspeople in newspaper market than general markets to ensure the diversity of public opinions. As the Newspaper Law was promulgated, Donga-Ilbo and Chosun-Ilbo submitted the Constitutional Petition against "the Newspaper Law" and the Constitutional Court is expected to give the decision soon. Based on the "Supplements on the Grounds of the Constitutional Petition against the Newspaper Law" ("the Petition"), this paper will examine the main issues of the debates over the Constitutionality of the Newspaper Law.

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