• Title/Summary/Keyword: 권리성

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Beneficiary Status according to Registration by Fraudulent Act and Effects of Illegally Revision Registration (사해행위에 의해 마쳐진 가등기를 이전하는 부기등기와 수익자의 지위 및 위법한 경정등기의 효력 -대법원 2015. 5. 21. 선고 2012다952 판결-)

  • Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.15 no.9
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    • pp.126-133
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    • 2015
  • According to the traditional precedent, if a beneficiary who completed a provisional registration as a result of reservation of trade which is a fraudulent act, then assigned the right acquired by the provisional registration to the third party who has no information of the process, and let the third party complete an additional registration transfer the provisional registration, and if the third party completed the main registration on the foundation of the provisional registration, the beneficiary cannot be the other party of the litigation requesting for the cancellation of registration of the provisional registration. As the result, an apprehension that the duty to recovery of the beneficiary could easily be acquitted of a charge has existed. But, it is considered as desirable that the judicial decision judged that the court recognized the qualification of the defendant as appropriate at this case, with a different view from the precedent, and then the defendant can file the litigation against the beneficiary, requesting for cancellation of the reservation of trade which is a fraudulent act.

The Eviction and Preservation of Gängeviertel in Hamburg - From the Gentrification to the Right to the City - (함부르크 골목구역의 철거와 보전 -젠트리피케이션에서 도시에 대한 권리로-)

  • Jeong, Moon-Soo;Chung, Chin-Sung Dury
    • Journal of Navigation and Port Research
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    • v.36 no.6
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    • pp.465-474
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    • 2012
  • Hamburg's development politics like "metropolis Hamburg - a growing city" demonstrates an important economic and demographic growth during 1997 to 2008. Beyond the positive factors with the idea of creative city, only selected class of people are involved in the city's active living, the others experience only gentrification. The G$\ddot{a}$ngeviertel, where the Hamburg's working class and dockworkers had lived, will be analysed as a historical important place of the gentrification since the end of the 19'century. This paper focuses on the actual Hamburg's movement of the initiatives "Komm in die G$\ddot{a}$nge" and " Right to the City", which took over the last 12 buildings of the G$\ddot{a}$ngeviertel. The G$\ddot{a}$ngeviertel Project, with the slogan "the city is neither a business nor a brand, but a community" could be an example of an alternative and sustainable solution for better living in the urban area of the Hamburg.

Comparative Analysis on the Measures and Programs for Age Equality of OECD Countries (OECD 국가의 연령차별 완화대책 및 프로그램 비교연구: 노동시장에서의 연령차별금지법을 중심으로)

  • Han, Hye-Kyung
    • Korean Journal of Social Welfare
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    • v.57 no.2
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    • pp.277-295
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    • 2005
  • The purpose of this study was to bring together evidence of the operation and impact of legislation to prohibit age discrimination in those countries that have such laws. We identified 5 countries with extensive age discrimination legislation: the US, Canada, Australia, Finland and Republic of Ireland. The objectives and cultural context of age discrimination lesgislation, which plays a large part in each country determining what type of lesgislation is deemed to be appropriate. The effeciveness or impact of the legislation, in terms of progress towards these objectives. Some key issues where choices of emphasis will need to be made in the introduction of new legislation to reduce age discrimination.

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A Study on Invasion of Privacy and Right to be forgotten by Internet Cookie Technology (인터넷 쿠키로 인한 프라이버시 침해와 잊혀질 권리에 관한 연구)

  • Choi, Younsung;Kwon, Oh-Geol;Won, Dongho
    • Journal of Internet Computing and Services
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    • v.17 no.2
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    • pp.77-85
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    • 2016
  • Internet cookie technology is designed for solving unreliable problem of HTTP's inherent property and notifying user's previous activity to web site's server, so it is useful to provide suitable service for individual user. However, the cookie techniques are becoming more sophisticated such as the third cookie and super cookie. And its included information is applied for advertisement and target marketing strategy, so the problem occurs that user's personal information is collected excessively. However, our law does not recognize the internet cookie as personal information so user cannot know where own internet cookie is stored and applicable. Therefore, in this paper, we explain the internet cookie technology, the privacy invasion and right to be forgotten for solving problem due to the internet cookie. And we analysis the relationship between the information of internet cookie and personal information, and then present the improvement requirement on the law and technology to use internet cookie securely and conveniently.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Study of Fair Use of Parody and Copyright Judgement in TV Advertising (영상광고에 나타난 패러디의 공정이용과 저작권에 관한 연구)

  • 이은종
    • Archives of design research
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    • v.17 no.3
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    • pp.363-372
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    • 2004
  • Lannon(1994) asserted, 'Today consumer market has reached its maturity, and products gets more and more similar. So brands should be distinguished from competitors by emotional values.' Parody ads, one of advertisements appealing to emotion, would distort some original work well known to the public with its blemish or seriousness on target by imitating or exaggerating it regardless of expression styles, and announce the results to criticize the work itself or social situations or excite laughter. Such parody ads are stimulating consumers' emotion in particular and diverse methods. But This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied.

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On the immanent Problems of Liberalism and Hegels Philosophy of Right (자유주의의 내재적 문제와 헤겔의 법철학)

  • Kwon, Young-woo
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.29-58
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    • 2018
  • The purpose of this article is to demonstrate that Hegel's philosophy of right is a dialectic critique of liberalism. The dialectical criticism in this article does not mean the formal logical denial, but a return to self by self-negation. Thus, if Hegel's philosophy of right is a dialectical critique of liberalism, Hegel's philosophy of right will be critical of liberalism and at the same time, it will not reject liberalism, but rather have aspects of liberalism. The criticism of liberalism implies that individual freedoms and rights can not be realized subjectively through individual free acts, but are realized intersubjectively through social mediums. And this is also found in controversies among modern liberalists because modern liberalism requires the government's role and institutional arrangements for the realization of individual freedoms and rights. We can find the aspects of liberalism in Hegel's philosophy of right since Hegel's ethical life entails ultimately the concrete realization and extension of individual freedom and rights.

A Comparative Analysis of Oversea Land Registration Systems - UK, Australia, USA, the Netherlands, France, Sweden - (외국의 최신 토지등록제도에 관한 비교연구 - 영국, 호주, 미국, 네덜란드, 프랑스, 스웨덴 -)

  • Park, Jung-Ho;Lim, Hyung-Taek;Kim, Sang-Min
    • Journal of Cadastre & Land InformatiX
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    • v.52 no.2
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    • pp.81-102
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    • 2022
  • This study reviewed the concept of land registration and analyzed the land registration system in UK, Australia, USA, the Netherlands, France and Sweden. Land registration is a process of registering physical information and rights related to land in the land register for protection and regulation of land rights, taxation and dispute resolution. The land registration systems in the six countries were mainly analyzed in terms of policy, land register, objects and systems. As a result, first, the establishment of the land registration master plan is of paramount importance for sustainable development of land registration systems. Second, land register needs to be improved for 4D land management and service. Third, reduction of period and improvement of work efficiency for the cadastral resurveying should be considered. Last, a plan to improve public services by linking the geospatial technology with the land registration system is need.

A Study on the Functional Differences between Strait Bills of Lading and Sea Waybills -Focused on a Comparison of English, U.S. and Korean Laws- (기명식 선하증권과 해상화물운송장의 기능적 차이에 관한 연구 -영미법 및 우리나라법과의 비교를 중심으로-)

  • Paik-Hyun Suh
    • Korea Trade Review
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    • v.48 no.4
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    • pp.149-168
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    • 2023
  • Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

특허전략

  • 김경식
    • Journal of the KSME
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    • v.26 no.4
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    • pp.268-277
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    • 1986
  • 한나라의 경제성장, 연구개발, 기술축적 및 특허권 등의 상호 관계는 거의 정비례 관계에 있다. 후진국은 선진국에게 이와같은 요인면에 있어서 예속상태이었으며, 그리고 후진국이 그 후진 성을 탈피하고저 하는 단계에 이르게 되면 선진국은 이에 대하여 제동을 가한다. 또한 시장성이 있다고 간주할 때, 공업소유권 즉 특허권이란 독점배타적인 권리를 미리 심어둔다. 최근 한국은 이와 같은 처지에 처하고 있다. 우리는, 특허란 무엇이고, 이의 국제협력기구는 그리고 특허관 리는 여하이 하고 있는가를 알아야 한다.

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