• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.2
• /
• pp.211-234
• /
• 2009

North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

• The Journal of the Korea Contents Association
• /
• v.12 no.10
• /
• pp.159-168
• /
• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• Journal of the Daesoon Academy of Sciences
• /
• v.43
• /
• pp.67-102
• /
• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

• JOURNAL OF ELECTRICAL WORLD
• /
• s.314
• /
• pp.58-63
• /
• 2003

휴대전화, PC, 브로드밴드(ADSL, FTTH) 등 가정 내에서의 IT기기 및 네트워크의 보급이 급속하게 진전되고 있다. TV와 에어콘 등 가전제품의 IT화가 진행되어 가정 내에서 네트워크를 형성함은 물론 외부 네트워크에 상시 접속되는 세계가 실현되어 가고 있다. 네트워크 접속에 대응하는 네트가전이 보급되면 가전기기 간의 연대 및 외부와의 정보통신에 의해 가전제품의 기능과 성능을 최대한으로 발휘할 수 있게 되어 생활환경, 편리성이 크게 향상됨과 아울러 성(省)에너지화에도 큰 효과를 나타낸다. 네트가전은 TV, VTR, DVD등의 AV계(系), 냉장고와 세탁기 등의 기기계, 태양광발전시스템과 전기온수기 등의 설비계로 분류된다. AV계에서는 디지털정보의 다운로드와 기억에 의해 다양한 고품질의 영상음향에 둘러싸인 세계가 탄생하게 된다 기계계의 네트가전에서는 홈서버 경유로 외출 장소에서 기기의 상태를 파악하여 제어하는 것이 가능해진다. 설비계에서는 설비 간의 연대에 따라 에너지절약 운전과 최대전력량의 제어에 의한 코스트절약이 실현된다. 네트가전을 이용한 홈네트워크 실현을 위해서는 고객이 쉽게 다를 수 있으며 만족할 수 있는 기능과 서비스, 성(省)배전$\cdot$저(低)코스트의 네트워크, 기기가 외부에서 간단히 제어될 수 있는 고신뢰성 인터페이스의 실장(實裝)과 표준화, 디지털 컨텐츠의 유통을 촉진하기 위한 컨텐츠 권리보호제도 정비가 필요하게 된다. 미쓰비시전기는 ''언제나, 어디에나, 누구에게도'' 가전제품을 편리하게 사용될 수 있는 유비쿼터스 사회를 실현하기 위하여 AV, 설비$\cdot$기기, 컴퓨터의 모든 분야에 대응한 가전기기, 네트워크 관련기기의 개발을 진행해 나감은 물론 주택을 이용한 실증시험을 실시하여 소비자 메리트의 본질적인 추구를 위해 계속 추진해 나가고 있다.

• Journal of the Korea Convergence Society
• /
• v.9 no.1
• /
• pp.303-308
• /
• 2018

In copyright rights of the digital image, copyright holders need to protect copyrights and improve the improvement of copyright laws through accurate understanding of copyright laws, and also to improve the effectiveness of copyright rights of copyright holders and the effectiveness of users' rights. First of all, the scope of the study is based on the case of recognition of the scope of the identity of the same scope and the copyright on the copyright law of the digital image, and the application of the image of the image of the image-writing image and the use of image artifacts based on the image copyright classification system suitable for the user's application.

• Korean Journal of Social Welfare Studies
• /
• v.42 no.4
• /
• pp.239-262
• /
• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Trans-
• /
• v.2
• /
• pp.1-38
• /
• 2017

Dance, as an art which expresses thoughts and emotions by movement human, is included in work that its copyright has to be protected, choreographers who are creators and dancers who are performing can exercise their rights included in copyright laws. However, artists who work in the dancing scene have lack of awareness about copyrights and the application level is low. The purpose of this thesis is to look into the current status and issues about dance copyright and to discuss activation plans and effectiveness plans for dance copyrights. The main point is to check into the level of awareness for dance copyrights with choreographers, dancers and students majoring in dance who are in charge of the art of dancing, to present issues about the necessity of the dance copyrights protection plans by analyzing interviews-in-depth and to prepare the dance copyrights protection plans which are concretely realistic. For the research methods, first, I looked into ideas and contents about copyrights through a document research and then, wanted to prepare theoretical background by reviewing actual cases of performing art copyrights related to dance. Next, I carried out surveys about awareness of copyrights with students majoring in dance, choreographers and dancers then carried out analysis of actual proof. Also, I chose three famous dancers who are actively performing in the current dancing scene and did interviews-in-depth about dance copyrights then carried out a recording analysis. I tried to complement the analysis by discussing deeper which I couldn't deal with in the previous surveys and to contemplate awareness activation of dance copyrights and plans. As a result of the research, the level of the awareness about dance copyrights through age, major, education and career was very low. The level of awareness was almost same compared to the previous research 10 years ago. 'Music', which can be an element of copyright issue in dance, was the highest in rate, and dance was recognized as an art which is combined with various elements as a combination work. The way of protection for works of choreography and performance only used data preservation and contracts and didn't register copyrights or record in dace notation. Majority of responders answered that they couldn't have any education about copyrights while they were recognizing the necessity of education and management for copyrights. The analysis of interviews-in-depth was also matched to the result of the previous surveys and a deeper discussion about the status of dance copyrights and issues was carried out. The plans of effectiveness for dance copyrights through the result of previous research are as followings. First, an advanced education is necessary above all to increase the awareness and application of copyrights in dancing scene. Long-term education like study curriculums and short-term education like special courses and seminars should be combined, and education about copyrights for dance groups, choreographers, dancers and students majoring in dance should keep on going. Second, revision of performing art works is necessary for the activation of dance copyrights, and establishing a dance copyright association to manage copyrights systematically and training dance copyright experts are necessary as well. Third, as the way of copyright protection for choreographers and dancers, an establishment for relation gain and loss about copyrights is necessary when creating dance works and performing, and registration of dance works should be activated. Also, the dancing scene should sign contracts for choreography and performance and this contract culture should be activated, and it should systematically preserve and manage choreography and performance records through basic ways. Hereby, it is considered to prepare a foundation to foster the awareness of dance copyrights and activate dance copyrights.

• Journal of Technology Innovation
• /
• v.22 no.2
• /
• pp.221-245
• /
• 2014

In the era of fierce global competition and short product life cycle, firms have been interested in the technology valuation to improve their competitiveness. As the technology valuation may become a key issue for countries and industries, the development of technology valuation method has become increasingly important. Thus, this study aims to suggest a novel method to assess technology value by applying conjoint analysis to bibilographic information of patent. For this purpose, we firstly identified nine patent indexes categorized in three attributes - technological superiority, marketability and legal rights. Then, we collected actual data on patent transactions including their patent attributes and market prices. Based on the data, we could obtain the patent index values. Finally, we applied conjoint analysis to the prices and patent index values as a basis for technology valuation. The suggested method is expected to be an effective tool for technology valuation by using real transaction data rather than relying heavily on experts assessment.

• Land and Housing Review
• /
• v.3 no.4
• /
• pp.357-367
• /
• 2012

The efficient business scheme were suggested with the consideration of the local development condition at Ulaanbaatar. Major findings of the study were presented as follows. First, high level of education and the underground resources are presented as the merits of Mongolia. On the other side, the defects are limited domestic demands of 2.6 millions of population and the insufficiency of the infrastructure. The improvement of the infrastructures like roads, water & sewage, electric power, and heating is urgent while the development pressure of Ulaanbaatar is expected to be high due to the continuous inflow of population. Secondly, the Mongolian land system consists of the right of ownership, lease and use, therefore there are some differences among the right of land. Thirdly, definite business scheme to sell land in lots and to sell buildings in lots are suggested which are actual methods to participate in the development project in Ulaanbaatar. Moreover, enhancing the possibility to sell the lands, fixing the proper sale price to secure the profit, finding the proper buyer for the profitable lands, investing of quota and guaranteeing of granting the principal and interest by the Mongolian government, etc. are presented as consideration when participate in projects.

• Journal of the Korean Society of Child Welfare
• /
• no.55
• /
• pp.87-111
• /
• 2016

This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.