• Title/Summary/Keyword: 권리정보

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A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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A Study on the Determinants of Coffee Shop's Premium (커피전문점 권리금의 결정변수에 관한 연구)

  • Lim, Jae-Hyon;Jeong, Seung-Young
    • Journal of Cadastre & Land InformatiX
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    • v.44 no.1
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    • pp.213-226
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    • 2014
  • The objective of this paper is to investigate the factors determining the premium of coffee shops by using coffee-shop lease cases at main retail trade areas in Seoul. The focus is on analyzing that the coffee-shops' the sales, building, location and retail trade area characteristics affects the coffee shop's premium. The major findings are as follows. First, there is a high positive correlation between the premium and the sales, and the sales and the size of the shop are shown to be statistically significant variables in estimating the premium per $3.3m^2$. It means that the shop's sale is empirically important an independent variable in determining the premium and as the major costs in the process of starting the business. Second, the deposit money per $3.3m^2$ and public service officers in the retail areas are important in determining the premium. Third, the size of the shop have the effects on the premium per $3.3m^2$ negatively. In short, this study adopts the research hypothesis that retail trade area, location, building of the characteristics, which is located in the coffee shops have the effects on the premium.

A Study on the Correlation between the Investigation on the Violation Crime of Intellectual Property Rights and the Goods Inspection in Customs Law (관세법상 지식재산권 침해사범 수사와 물품검사와의 상호관계)

  • Ye, Sangkyun
    • International Commerce and Information Review
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    • v.19 no.3
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    • pp.197-214
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    • 2017
  • It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

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Discriminatory Financial Measures on Non-Cooperative Jurisdictions and their Compatibility with the WTO GATS: Focus on the Appellate Body Report on Argentina-Financial Services (조세투명성에 협력하지 않는 국가에 대한 차별적 금융조치의 WTO GATS 합치성 - Argentina-Financial Services 상소기구보고서에 대한 분석을 중심으로 -)

  • Yoo, Hee Jin
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.95-124
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    • 2017
  • The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

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Web accessibility Education Trends and Discussion to Vitalize a Web accessibility Education (웹 접근성의 교육현황 및 활성화를 위한 제언)

  • Hong, Soon-Goo;Kang, Young-Moo;Lee, Hyun-Mi;Cha, Yoon-Sook
    • Journal of Korea Society of Industrial Information Systems
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    • v.16 no.3
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    • pp.73-87
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    • 2011
  • The development of a web has made our life more convenient than ever before; however, the elderly and disabled people have not advantage on it. Due to "Anti-Discrimination against and Remedies for Persons with Disabilities Act" enacted in 2008, the importance of web accessibility education has been important, but education on the web accessibility has not been actively implemented yet. Thus, in this paper the trends of web accessibility education in both domestic government agencies and private organizations are reviewed. In addition, its trends on the foreign government agencies, private organizations, and institutions of universities are summarized. To achieve this research goal, literature review was carried out and data collected from the both domestic and foreign countries were compared. Based on the review, the way to vitalize web accessibility education in Korea is discussed. The contribution of this paper is that web accessibility education of domestic and foreign institutions are compared for the first time and thereby, the implications for activating web accessibility education are suggested.

The Empirical Study on the Interface Between Science and Technology (과학과 기술의 연계에 관한 실증적 연구)

  • 박상인;조성복;김정화;정선양
    • Proceedings of the Technology Innovation Conference
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    • 2003.06a
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    • pp.116-135
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    • 2003
  • 우리나라는 최근에 IMF 에 재정적 지원을 요청하는 상황이 계기가 되어 국가경쟁력과 삶의 질 측면에 상당한 관심을 가지게 되었다. 이러한 환경변화는 사회저변에 효율성을 강조하는 풍토를 확산시키고, 위기상황의 재발방지를 위해 그 원인을 분석하고 대안을 마련하는 등 사회 전반적으로 각고의 노력을 촉발시키게 하는 계기가 되었다. 이러한 논의들 중에 눈에 띄는 한가지는 과학과 기술사이의 관계에 관한 논쟁인데, 최근에 활발히 논의되고 있는 과학과 기술사이의 연계는 미국을 중심으로 많은 연구가 진행되고 있으며, 이러한 연구들은 대체적으로 과학과 기술사이에는 상당한 정도의 상관관계가 있고, 이 둘 사이는 서로 상호작용하면서 경제성장을 이끄는 역할을 한다고 주장하고 있다. 본 연구에서는 이러한 논의들을 국내에 적용시킴으로써 해외의 사례가 우리에게 시사점이 될 수 있는지 체계적으로 분석하려고 시도하였다. 과학과 기술사이의 연관성을 알아보기 위하여, 과학의 연구성과를 대변하는 대용치로 SCI논문을 사용하였고, 이러한 연구성과가 얼마만큼 사회에 파급되어 산업화 또는 상업화되었는지를 측정하기 위해 특허출원수를 추출하여, 연구의 목적에 맞게 modify 하는 과정을 거쳤으며, 추세분석과, 상관관계분석 그리고 회귀분석을 실시하였다. 본 연구는 실증분석을 통하여, 과학과 기술사이에는 일부 소수의 영역을 제외하고 매우 높은 상관관계가 있음을 발견하였고, 우리나라의 주력산업이었던 기계분야의 쇠퇴를 실증적으로 확인 할 수 있었으며, 정부의 적극적인 지원아래 폭발적으로 성장하였던 IT분야의 증가추세를 확인할 수 있었다. 따라서 본 연구에서는 국가경쟁력의 근간이 되는 연구개발부문에 경제논리를 배제하는 지속적인 투자를 제언함으로써, 국가경쟁력 제고와 삶의 질 향상이라는 두 마리 토끼를 잡을 수 있는 방안은 과학과 기술의 유기적인 연계에 있음을 밝히고 있다. 건설을 위한 정책적 시사점과 동북아 연구개발정보 Portal 및 APEC APGrid 연구망 등의 구체적인 정보인프라 구축방안을 도출하였다.술 주기를 도출하고, 산업 내 평균 권리 청구 항목 수를 이용하여 각 산업의 기술 범위를 비교하였다. 각각의 동적 분석을 통해 시간에 따른 변화 양상이 관찰하였고, ANOVA 분석을 이용하여 통계적 유의성을 검증하였다. 본 연구는 현재의 기술 패러다임 내에서 Pavitt이 제시한 산업 분류의 근거를 보충 설명하였고 특허 정보를 이용하여 기술혁신의 산업별 유형에 대한 폭넓은 분석방법을 제시하였다.별 시간대별 효과분석을 통하여 정책의 시행여부가 결정되어야 할 것이다. 한편, 화물전용차선의 설치로 인한 물류비용의 절감을 보다 효과적으로 달성하기 위해서는 종합류류 전산망의 시급한 구축과 함께 화물차의 적재율을 높이고 공차율을 낮출 수 있는 운송체계의 수립이 필요한 것으로 판단된다. 그라나 이러한 화물전용차선의 효과는 단기적인 치유책일 수밖에 없기 때문에 물류유통 시설의 확충을 위한 사회간접자본의 구축을 서둘러 시행하여야 할 것이다.으로 처리한 Machine oil, Phenthoate EC 및 Trichlorfon WP는 비교적 약효가 낮았다.>$^{\circ}$E/$\leq$30$^{\circ}$NW 단열군이 연구지역 내에서 지하수 유동성이 가장 높은 단열군으로 추정된다. 이러한 사실은 3개 시추공을 대상으로 실시한 시추공 내 물리검층과 정압주입시험에서도 확인된다.. It was resulted from increase of weight of single cocoon. "Manta"2.5ppm produced 22.2kg of cocoon. It is equal to 9% increase in index, as compared to that

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Security Analysis and Improvement of an Anonymous Asymmetric Fingerprinting Scheme with Trusted Third Party (익명적 비대칭 핑거프린팅 기법의 보안 취약성 분석 및 개선 방안)

  • Kwon, Sae-Ran
    • Journal of KIISE:Computer Systems and Theory
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    • v.36 no.5
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    • pp.396-403
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    • 2009
  • An anonymous asymmetric fingerprinting protocol combined with watermarking techniques, is one of the copyright protection technologies keeping both right of a seller and that of a buyer, where a seller and an anonymous buyer perform such a protocol that employs various cryptographic tools in order that the seller does not know the exact watermarked copy that the buyer receives, while inserting an invisible non-removable fingerprint i.e., each different unique watermark, into each copy of the digital content to be sold. In such a protocol innocent buyers are kept anonymous during transactions, however, the unlawful reseller is unambiguously identified with a real identity as a copyright violator. In 2007, Yong and Lee proposed an anonymous asymmetric fingerprinting scheme with trusted third party. In this paper we point out the weakness of their scheme such as: the buyer with intention can remove the fingerprint in the watermarked content, because he/she can decrypt the encrypted fingerprint with a symmetric key using man-in-the-middle-attack; a real identity of a buyer can be revealed to the seller through the identification process even though he/she is honest. Furthermore, we propose an improved secure and efficient anonymous asymmetric fingerprinting scheme which enables to reduce the number of communication between the participants.

A Study on the Cadastral Characteristics of Dokdo-ri (독도리의 지적 특성 연구)

  • Lee, Beom-Gwan
    • Journal of Cadastre & Land InformatiX
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    • v.49 no.2
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    • pp.5-21
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    • 2019
  • The purpose of this study is to investigate and analyze the cadastral transformation process of Dokdo-ri based on the institutional concept of the cadastre, while presenting the cadastral characteristics of Dokdo-ri therefrom. For this purpose, both the literature search method and the Internet search method were used. As for the analysis method, descriptive analysis method and comparative analysis method were used. The findings support that the cadastral characteristics of Dokdo-ri is drawn as follows: First, from the physical point of view, the cadastral characteristics of Dokdo-ri shows that the territory is given by the smallest lot numbers in the country and that the territory is also given by the land lot number consisting of small size lots without continuing the ground for which the cadastral resurvey project was carried out for the first time. Second, in terms of the rights, the cadastral characteristics of Dokdo-ri shows that the entire area given by the lots is owned by a single owner and no ownership has been changed. Third, in terms of its value, the cadastral characteristics of Dokdo-ri shows that it is the only area given by the lots of which the officially assessed individual land price has never been decreased in the entire lots. Fourth, when it comes to presenting the cadastral characteristics of Dokdo-ri in terms of the use control/restriction, the consciousness of preserving Dokdo-ri and the consciousness of enhancing real territory are confronted but due to the Cultural Heritage Protection Act etc, the cadastre turned out to be a very passive cadastral work.

An Investigative Study of the Awareness of Person in Charge on the Improvement of Extended Support Project Operation for the Public Libraries' Opening Hours (공공도서관 개관시간 연장지원 사업 운영 개선에 대한 담당자 인식조사 연구)

  • Noh, Younghee;Kim, Dongseok;Kwak, Woojung
    • Journal of the Korean Society for Library and Information Science
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    • v.54 no.1
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    • pp.115-143
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    • 2020
  • This study conducted a survey on the current status and satisfaction of libraries participating in the opening hours support project in order to continue it to meet the purpose of improving information access and life welfare. To this end, a questionnaire and interview survey were conducted for those in charge of opening hours for each library, and the results are as follows. First, the opening hours support project is a project that needs a strategy that fits the characteristics of the region and the environment. Therefore, it is necessary to consider operating independently rather than relying on national support in the future through the preparation of regional-oriented operation plans. Second, it is necessary to establish a flexible operating model for opening hours that both employees and users can understand. Third, it is necessary to prepare an organizational operation plan that requires both duties and responsibilities along with the rights equivalent to existing regular employees. Fourth, in order for national public libraries in Korea to develop and implement a consistent policy for specific policies and projects, it is necessary to unify the separate public library operating system in the future. Fifth, it is necessary to prepare education and guidelines for the continuity and stable operation of the project, and to activate services other than labor costs, such as support for improving the space for the user's pleasant use.

Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.