• Title/Summary/Keyword: regulatory framework

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The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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A Study on the EU Regulation for Reducing CO2 from New Passenger Cars to Prevent Climate Change (지구기후변화 방지를 위한 유럽연합(EU) "신규 승용차 이산화탄소 배출 감축 규칙"에 대한 고찰)

  • Park, Myong Sop;Han, Nak Hyun;Kim, Sang Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.159-184
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    • 2014
  • Climate change is one of the biggest dangers facing all living creatures in the earth. It has been understood that emissions of greenhouse gases from human activity is the cause of climate change. Cars are responsible for around 12% of total EU emissions of CO2, the main greenhouse gas. The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental treaty adopted at the United Nations Conference on Environment and Development (UNCED) on 9 May, 1992, which entered into force on 21 March 1994. The European Commission first adopted a Community Strategy to reduce CO2 emissions from cars in 1995. On 19 December 2007, the European Commission proposed "Proposal for Setting emission performance standards for new passenger cars to reduce CO2 emissions", which was adopted on 23 April 2009 as "Regulation (EC) No 443/2009". Prior to submitting the Proposal, the European Commission performed impact assessment and prepared impact assessment report which was reviewed by the Impact Assessment Board. The objective of this Regulation is to set emission performance standards for new passenger cars registered in the Community, which forms part of the Community's integrated approach to reducing CO2 emissions from light-duty vehicles while ensuring the proper functioning of the internal market. In the event that a manufacturer fails to meet its target, it will be required to pay an excess emissions premium in respect of each calendar year from 2012 onwards. On 11 March 2014, Regulation (EC) No 333/2014 amending Regulation (EC) No 443/2009 was adopted. Regulation (EC) No 333/2014 amends Regulation (EC) No 443/2009 to implement the modalities of meeting the 95g CO2/km target for new passenger cars to be reached in 2020. As industry benefits from indications of the regulatory regime that would apply beyond 2020, the Regulation includes a further review to take place by, at the latest, 31 December 2014.

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A strategic Approach for Establishing Korea's Cyber Terrorism Policy : Focusing on the UK's cyber terrorism policy (국내 사이버테러 정책수립을 위한 전략적 접근방안 : 영국의 사이버테러 정책을 중심으로)

  • Kim, Byung-Hwa
    • Korean Security Journal
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    • no.51
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    • pp.173-195
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    • 2017
  • Recently, in South Korea, security management has been strengthened, but there have been an increasing number of cases where the main infrastructure of the country is hacked in the cyber space. South Korea is equipped with sophisticated information and communication technologies, such as Internet, but is threatened by cyber terrorism of North Korea and terrorist organizations. Nevertheless, there is a limit to how to develop a policy and strategic plan for the country, which is related to domestic terrorism and lacks legal and regulatory facilities, and therefore, in this study, proposed suggestions for building adaptive and efficient policy formulation. Based on the theoretical analysis framework of the Strategic Plan for achieving the objectives of the research, we compared the UK 's security strategy with the national security policy of the domestic government. As a result, several problems were derived: First, the domestic security strategy did not take into account the external environment. Secondly, lack of coordination with domestic cyber security goals setting and strategy is causing ambiguity and confusion. Third, the detailed plan of implementation of national security in each province is designed to ensure that there is a possibility that a mixed side effect between ministries and agencies will arise. Fourth, it was found that there was a limit to prepare the evaluation standards for the evaluation and return of domestic security policies in the country. Therefore, in order to establish a policy for the response of domestic cyber terrorism, we set up a vision from long-term perspectives and concrete targets based on the strategic approach of the security policy, It is necessary to present an assignment and formulate an efficient execution plan. It is necessary to maintain and improve the domestic safeguards in order to be able to complement the problems through evaluation and feedback.

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A Study on Current Status of Detection Technology and Establishment of National Detection Regime against Nuclear/Radiological Terrorism (핵테러/방사능테러 탐지 기술 현황 및 국내 탐지체계 구축 방안에 관한 연구)

  • Kwak, Sung-Woo;Jang, Sung-Soon;Lee, Joung-Hoon;Yoo, Ho-Sik
    • Journal of Radiation Protection and Research
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    • v.34 no.3
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    • pp.115-120
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    • 2009
  • Since 1990s, some events - detection of a dirty bomb in a Russian nation park in 1995, 9/11 terrorist attack to WTC in 2001, discovery of Al-Qaeda's experimentation to build a dirty bomb in 2003 etc - have showed that nuclear or radiological terrorism relating to radioactive materials (hereinafter "radioactive materials" is referred to as "nuclear material, nuclear spent fuel and radioactive source") is not incredible but serious and credible threat. Thus, to respond to the new threat, the international community has not only strengthened security and physical protection of radioactive materials but also established prevention of and response to illicit trafficking of radioactive materials. In this regard, our government has enacted or revised the national regulatory framework with a view to improving security of radioactive materials and joined the international convention or agreement to meet this international trend. For the purpose of prevention of nuclear/radiological terrorism, this paper reviews physical characteristics of nuclear material and existing detection instruments used for prevention of illicit trafficking. Finally, national detection regime against nuclear/radiological terrorism based on paths of the smuggled radioactive materials to terrorist's target building/area, national topography and road networks, and defence-in-depth concept is suggested in this paper. This study should contribute to protect people's health, safety and environment from nuclear/radiological terrorism.

The Concept of Industrial Ecology (산업 생태학의 개념)

  • Choi, Woo Zin;Hong, Soon Sung
    • Clean Technology
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    • v.2 no.1
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    • pp.32-43
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    • 1996
  • The interactions of the societal-industrial system with the environment form one of the most critical issues in today's world. The inadequacy of current environmental regulatory structures and of traditional ways of analyzing environmental issues, together with the continuing need to mitigate the environmental perturbations arising from this complex relationship, have led to the development of a new conceptual framework termed industrial ecology. Industrial ecology (IE), defined by Graedel and Allenby, is the means by which humanity can deliberately and rationally approach and maintain a desirable carrying capacity, given continued economic, cultural and technological evolution. The concept requires that an industrial system be viewed not in isolation from its surrounding systems, but in concert with them. IE is a systems view in which one seeks to optimize the total materials cycle from virgin material, to finished material, to component, to product, to obsolete product, and to ultimate disposal. Factors to be optimized include resources, energy, and capital. In the present paper, the concept of Industrial Ecology and its application through efficient and practical Design for Environment (DFE) methodologies and tools will be introduced to Korea. This paper will also emphasis on the industrial environment within which DFE methodologies must be used, including the fundamentals of industrial design activities, concurrent engineering, constraints on design choices and existing technological infrastructure.

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Towards a Knowledge Recipe for State Corporations in the Financial Sector in Kenya

  • Moturi, Humphrey;Kwanya, Tom;Chebon, Philemon
    • International Journal of Knowledge Content Development & Technology
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    • v.10 no.3
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    • pp.33-50
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    • 2020
  • Knowledge recipes are packages of knowledge which arise from the process of combining the knowledge assets in the organization in distinctive ways. This involves converting them into useful outputs which are the ideal core competitive advantage enablers for companies. The major objective of this study was to propose a knowledge recipe for financial-sector state corporations in Kenya. The study adopted a convergent parallel mixed methods research design. Quantitative and qualitative data were collected using questionnaires and key informant interviews. The target population of the study was 1574 respondents drawn from all financial state corporations. A multistage sampling technique was used for the study. The first phase involved purposive sampling of the organizations to be studied whereby the four state corporations namely: Capital Markets Authority, Competition Authority of Kenya, Kenya Investment Authority, and Kenya Revenue Authority were identified. The second phase entailed stratified sampling of the respondents in three strata namely senior management team, knowledge management team, and general staff. The authors used a census of all senior management team and knowledge management staff while a simple random sampling technique was used for the general staff. By use of the Krejcie and Morgan table, the actual sample size was 358 respondents from all the four organizations. Data were collected using questionnaires and interview schedules. The qualitative data were analyzed using content analysis while the quantitative data were analyzed by the use of Ms. Excel and VOSviewer and presented using pie charts, bar graphs, and tables. The response rate for this study was 257 (72%). The study revealed that while most employees in the financial sector organizations understand their knowledge needs, knowledge types, knowledge uses and knowledge gaps, they do not have a universal knowledge recipe to facilitate effective knowledge management in their organizations. Consequently, the authors propose a universal knowledge recipe for the state corporations in the financial sector in Kenya. The ingredients of the recipe are legal-knowledge (18%), financial knowledge (15%), administrative knowledge (11%), best practice (10%), lessons learnt (8%), human resource knowledge (8%), research and statistics knowledge (7%), product knowledge (6%), policy and procedure knowledge (5%), ICT knowledge (4%), investor knowledge (3%), markets knowledge (2%), general knowledge (2%) and regulatory framework knowledge (1%).

Institutional Changes and Path Dependence to Private Parks - Focused on the Urban Park-Related Laws from 1967~2005 - (민간공원 관련 제도의 변천과 경로의존성 - 1967년부터 2005년까지 도시공원 법령을 중심으로 -)

  • Oh, Chang-Song
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.2
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    • pp.133-145
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    • 2019
  • This study was raised by the need to explain why the problems related to private parks have been sustained. In order to identify the fundamental cause, it is necessary to analyze the historical and institutional context of private parks. Therefore, the purpose of this study is to identify the direction of change in the private park system and to derive the characteristics of the system as it currently appears. The framework based on the historical institutionalism was divided into the Park Act (1967-1980), the former of Urban Park Act (1980-1993) and the late of Urban Park Act (1993-2005), and each was assessed using the analysis elements of the institutional environment and the outcomes of implementation. The analysis elements interpreted the path dependency, in which the inertia toward the choice of institution is maintained, despite the change in the environment. The institution took a special form of 'negative systeme' and secured profitability by expanding the types of park facilities while mitigating the criteria. Additionally, the designation of private park promoters as a landowner acted as a means of compensating those with property rights to unexecuted urban parks. The expectation effectiveness on urban park creation was insufficient and the environmental regulatory functions were weakened. Thus, historically, the private park system in Korea has experienced an 'institutional decoupling' as the purpose of the system and the results of actual outcomes are not consistent.

Development of AAB (Algorithm-Aided BIM) Based 3D Design Bases Management System in Nuclear Power Plant (Algorithm-Aided BIM 기반 원전 3차원 설계기준 관리시스템 개발)

  • Shin, Jaeseop
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.2
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    • pp.28-36
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    • 2019
  • The APR1400 (Advanced Power Reactor 1400MW) nuclear power plant is a large-scale national infrastructure facility with a total project cost of 8.6 trillion won and a project period of 10 years or more. The total project area is about 2.17 million square meters and consists of more than 20 buildings and structures. And the total number of drawings required for construction is about 65,000. In order to design such a large facility, it is important to establish a design standard that reflects the design intent and can increase conformity between documents (drawings). To this end, a design bases document (DBD) reflecting the design bases that extracted in regulatory requirements (e.g. 10CFR50, Korean Law, etc.) is created. However, although the design bases are important concepts that are a big framework for the whole design of the nuclear power plant, they are managed in 2-dimensional by the experts in each field fragmentarily. Therefore, in order to improve the usability of building information, we developed BIM(Building Information Model) based 3-dimensional design bases management system. For this purpose, the concept of design bases information layer (DBIL) was introduced. Through the simulation of developed system, design bases attribute and element data extraction for each DBIL was confirmed, and walls, floors, doors, and penetrations with DBIL were successfully extracted.

Current status on the modification of the scope for GMO regulation on the gene edited plants with no remnants of inserted foreign DNA fragments (외래 DNA단편이 잔존하지 않는 유전자교정식물에 대한 GMO규제 범위의 제외에 관한 국제 동향)

  • Lee, Shin-Woo
    • Journal of Plant Biotechnology
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    • v.46 no.3
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    • pp.137-142
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    • 2019
  • Gene edited crops can be classified as SDN-1, SDN-2 and SDN-3 group depending on their mutation's range and the usage of donor DNA. The SDN-1 and SDN-2 crops, in particular, could be developed as 100% transgene-free, which do not contain any DNA fragment of the vector or guide RNA used for gene editing such as CRISPR Cas9 system. Therefore, there are no scientific methods available for the detection of these crops and differentiation with the one produced by conventional cross breeding techniques. Additionally, it would be impossible to properly implement the existing GMO regulation law, in particular, the national legislation for "GMO labelling". In this regard, Australia has announced that SDN-1 crops will not be subjected to the existing GMO regulation. Furthermore, Argentina and Brazil have established a new policy that GE crops with no transgene (100% transgene-free crops) should be exempted from the scope of the GMO. In addition, Japan has also announced that "an organism that has no remnants of inserted nucleic acid processed extracellularly is not subjected to the Cartagena Act". It means that SDN-2 crops can also be exempted from the scope of GMO. In this trend, in South Korea, I suggested that gene edited crops with no remnants of inserted foreign DNA fragments should be excluded from the existing GMO regulation. Thus, I expect that diverse elite crop lines should be developed by using advanced gene editing technologies

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.