• 발명특허
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• v.32 no.6 s.371
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• pp.54-55
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• 2007

• International Commerce and Information Review
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• v.14 no.3
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• pp.231-251
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• 2012

The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

• Korean journal of communication and information
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• v.76
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• pp.151-182
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• 2016

The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

• Korean Journal of Social Welfare Studies
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• v.44 no.2
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• pp.297-326
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• 2013

The purpose of this study was firstly to analyse the conceptualization of disability of the Mental Health Act and related laws and to suggest revision of the definition of psychiatric disability of Mental Health Act to improve the protection of human rights and welfare of the people with psychiatric disability. For these purposes this paper reflected on the disability models of WHO(1980, 2001) and multiple paradigm of disability of Priestley(1998) and suggested a new conceptualization of disability consists of impairment, functional disability, and social interactional disability. Based on the analyses of conceptualizations of psychiatric disability of related laws, this study suggested revision of Mental Health Act to distinguish between mental disorder and psychiatric disability, to introduce the definition of mental capacity, and to expand the conceptualization of social interactional disability.

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.01a
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• pp.89-92
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• 2017

공탁이란 채권자의 수령거절이나 수령불능 또는 채권자를 알 수 없는 등으로 변제를 할 수 없는 때에 변제자가 채권자를 위하여 변제의 목적물을 지방법원 공탁소에 임치함으로써 채무를 면하는 제도를 말한다. 또한 권리의 실현과정에서 다양한 기능을 하고 있는 법적제도이지만, 국민의 권리실현을 위한 채무자 보호입장에서 실질적으로 사적기관에 이임되는 경우가 많다. 특히 오랜 역사 속에서 발전되어 온 공탁제도는 처음에는 선의의 채무자를 보호하기 위한 제도로 출발하였으나, 현재는 권리구제적인 측면에서 제재나 보안수단으로 발전되어 온 것이 사실이다. 그러나 이 공탁제도가 시대상황을 잘 반영하여 운영하고 있지만, 공탁물의 범위에 있어서 외국화폐나 사법상의 재산권을 표창하는 증거증권은 그 범주에 들지 않는 문제점 등이 제기되고 있다. 따라서 본 연구에서는 외국의 입법례를 통하여 우리의 현행 민법 하에서 국민의 법 감정과 정서에 맞는 가장 바람직한 공탁제도의 방향을 제시하고자 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.3-28
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• 2014

This study describes the buyer's remedies regarding defects in title under CISG. Although CISG stipulates the seller's liability for the delivery of conforming goods physically at Art. 35 and legally at Art. 41 and Art. 42 respectively, the buyer's remedies are not distinguished between non-conformity governed by Art. 35 and defects in title governed by Art. 41 and Art. 42. If the seller does not fulfill his obligation under Art. 41 and Art. 42 to deliver goods which are free from third party claims, the buyer should pay attention to which remedies are available under CISG. Under CISG, for defects in title in the delivered goods, the buyer is entitled to require performance in Art. 46 (1) unless he has resorted to a remedy which is inconsistent with this requirement, to declare the contract avoided by strictly limiting the situation in which the failure by the seller to perform his obligation amounts to a fundamental breach of contract in Art. 49, to claim damages in Art. 74, and to suspend the performance of his obligation where it becomes apparent that the seller will not perform a substantial part of his obligation in Art. 71 (1). Unlike Art. 35 non-conformity, the buyer may not require delivery of substitute goods under Art. 46 (2), claim repair under Art. 46 (3), and declare price reduction for title defects under Art. 50.

• Journal of Legislation Research
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• no.44
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• pp.103-153
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• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• Journal of Internet Computing and Services
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• v.15 no.2
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• pp.59-71
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• 2014

This study applied customer perspective to find out ways how to protect customers' privacy by themselves. It does so by examining the factors which affect customer privacy protection behaviors. Based on the Privacy Act, this study developed the construct of Privacy Rights awareness and finds the law's effect on privacy awareness and behavioral change. The study finds that there exists a significant difference in privacy protection behavior according to privacy rights awareness. Independent variables are as follows: Five variables (Perceived vulnerability, Perceived severity, Perceived response effectiveness, Perceived barriers, Privacy Rights awareness) were tested as critical variables influencing Behavioral Intention in PMT model. Privacy awareness had a moderating effect on the relationship between perceived severity and privacy protection behavior. This study would contribute on theoretical expansion of Protection Motivation Theory and also provide practical implications for effective ways to promote behavioral changes.

• The Journal of the Korea Contents Association
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• v.8 no.8
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• pp.158-175
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• 2008

In recent years it seems to be accepted as absolutely right by almost all the people in the world that person without disabilities and person with disabilities are equal and should be treated so regardless of their race, national origin, sex, religion, disability, etc. This article deals with (1) "Anti-Discrimination against and Remedies for Persons With Disabilities Act" and (2) Human Rights of Persons With Disabilities. The purpose of "Anti-Discrimination against and Remedies for Persons With Disabilities Act" is to realize the human dignity and worth of persons with disabilities by prohibiting disability-based discrimination in all areas of society, and effectively safeguarding the rights of individuals discriminated based on disability, thus enabling them to fully participate in society and to secure equal rights.

• International Area Studies Review
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• v.13 no.2
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• pp.573-600
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• 2009

Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.