• Korean journal of communication and information
• /
• v.39
• /
• pp.324-354
• /
• 2007

Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.

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

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.27 no.3
• /
• pp.591-605
• /
• 2017

The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.17 no.5
• /
• pp.213-218
• /
• 2016

Music copyright began in 1850 in France and, unlike other copyrighted works such as architecture or arts, which are based on visual conditions, copyrighted music is based the on trends of the times. The appropriate range of protection for musical works is not the entire music, but the part that is determined to be a creative expression deduced from the analysis of the musical structure. Concerning the issue of plagiarism in popular music, the determination of creativity plays an important role in whether a piece of music encroaches on the original copyrighted works or not. However, determining whether a work is an element of a previously copyrighted work should be achieved through a consensus formed by members of the relevant industry and academia rather than the court. The purpose of this study is to classify the creative and non-creative elements of popular music, in order to create a classification that can enable musical creators to provide a consensus on the elements of creative expression.

• Journal of the Korea Society of Computer and Information
• /
• v.26 no.2
• /
• pp.45-52
• /
• 2021

In this paper, we propose a method of generating theme, background amd signal music usage monitoring information based on a blockchain, in which the music usage informations are recorded by the monitoring tool using feature-based filtering of monitoring organizations. Theme, background and signal music are music inserted into the broadcasting contents of broadcaster. Since they are recognized as created contents just like normal music, there are lyricists and composers who have the right for those music and all copyright holders of them have to receive the corresponding copyright fees, once the music was used in the broadcast. However, there are problems with inaccurate monitoring results for music usage, due to the omission of usage details and non-transparent settlement method. In order to solve these problems, If the information generation method proposed in this paper, accurate music usage history can be created, the details are stored in the blockchain without changes or omissions, and transparent settlement and distribution are possible by smart contract, avoiding the current non-transparent settlement method.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.1
• /
• pp.419-477
• /
• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.419-442
• /
• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• Journal of Agricultural Extension & Community Development
• /
• v.21 no.1
• /
• pp.1-34
• /
• 2014

In urban as well as rural areas, there is a vigorous movement to establish cooperatives which are based on the Framework Act On Cooperatives. Eight months after the enforcement of the law, more than 600 cooperatives reported their articles of association to the competent Mayor/Governor in rural areas. Considering the population distribution in urban and rural areas, this is not a small number. Though recently established rural cooperatives are acting throughout diverse business sectors, cooperatives in agricultural sector, which engage in agricultural production, processing and sales, occupy the largest portion of all the rural cooperatives. There are two types of juridical person that are allowed to engage in the agricultural production, processing and sales by the laws. They are Farm Association and Agricultural Business Corporation. Now in rural Korea, farmers tend to establish cooperatives by the Framwork Act On Cooperatives which are in the same business sector with Farm Association or Agricultural Business Corporation. There are many needs to improve legislation regarding cooperatives. Above all, the laws about Farm Association and Agricultural Business Corporation are in urgent need of improvement for the emerging rural cooperatives to be treated fairly.

• The Journal of Korean Philosophical History
• /
• no.54
• /
• pp.221-242
• /
• 2017

How can Selfish people choose moral behaviors. Xunzi thought it can be done with Human reason. For him, people move for their own interest. So they must follow Yi(禮), if they understand the life that following Yi is better than following x?ngq?ng(性情). Xunzi' theory is going to meet following two problems. One, people do not choose Yi because heir selfish is the only power to do. Second, there is nothing to blame or punishment for violators because it is not the duty. I tried to explain with two solutions for Xunzi.

• Proceedings of the Korea Water Resources Association Conference
• /
• 2022.05a
• /
• pp.375-375
• /
• 2022

수리권(水利權, Water Right)은 특정인이 하천의 물을 계속적, 배타적으로 사용하는 권리로서, 국내에서는 민법 제231조 "공유하천의 연안에서 농, 공업을 경영하는 자는 이에 이용하기 위하여 타인의 용수를 방해하지 아니하는 범위 내에서 필요한 인수를 할 수 있다." 라는 규정을 통해 공유하천 용수권을 인정하면서, 동법 제234조 "전 3조의 규정은 다른 관습이 있으면 그 관습에 의한다." 라는 조항을 통해 관습에 의한 즉, 관행 수리권을 인정하고 있다. 또한, 하천법 제50조 "생활·공업·농업·환경개선·발전·주운(舟運) 등의 용도로 하천수를 사용하려는 자는 대통령령으로 정하는 바에 따라 환경부장관의 허가를 받아야 한다." 라는 규정을 통해 허가 수리권을 규정하고 있다. 이와 같이 국내의 경우 수리권에 대하여 공용하천 용수권, 관행수리권 및 허가수리권이 혼재되어 있어 지역 간의 물 분쟁이 심화되어 가고 있는 상황에서 수리권의 정립 필요성이 절실해지고 있지만, 제도적 연구와 더불어 이를 뒷받침 해줄 수문학적 연구가 상대적으로 부족한 실정이다. 본 연구는 동진강 유역을 대상으로 수정 3단 TANK 모형을 적용하여 자연하천유량 산정하였고, 수리권 분석모형인 WRAP(Water Rights Analysis Package, WRAP)을 이용하여 수리권 분석을 수행하였다. 또한 섬진강댐의 방류조건 및 유역내 물 이용조건에 따른 시나리오를 구성하여 하천유지유량의 변화를 모의하였다. 시나리오 적용에 따른 대표지점의 조절하천유량을 모의한 결과 시나리오3, 시나리오4, 시나리오5(비관개기기간 동안 용수 추가확보를 통한 증가방류)에서 하천유지유량이 상대적으로 많아지는 것으로 모의되었다. 또한, 시나리오1, 시나리오2(유역내 저수지 방류량을 연중 일정량 공급)방안도 관개기와·비관개기 기간에 대표지점의 하천유지유량 증가에 효과가 있는 것으로 평가되었다. 연구 대상기간의 대부분은 수리권 목표량을 만족하였지만, 갈수년에 해당하는 2017년의 경우에는 용수 확보량이 가장 많은 시나리오5를 적용한 경우에도 수리권 전환량 및 하천유지유량의 부족이 발생하는 것으로 모의되었다. 유역내 수리권 우선순위의 변경을 통한 유량의 변화를 모의하기 위하여 2017년을 대상년도로 모의해본 결과 연구대상지역의 하류에 위치하고 있는 농업용보에서의 수리권을 후순위로 두었을 때, 대표지점에서 가장 많은 양의 유량을 확보하는 것으로 분석되었다.