• Journal of Korea Fair Competition Federation
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• no.111
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• pp.6-13
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• 2004

중소수급사업자는 원사업자와의 거래관계에 있어 자신의 권리를 충분히 주장할 수 없는 것이 보통이다. 바로 이 점에서 경제적 약자인 수급사업자의 지위를 보완하여 공정한 하도급거래질서를 확립하는 데 기여하는 경제법의 하나로서의 하도급법을 서비스분야에도 적용하여야 하는 필요성을 찾을 수 있다. 서비스산업의 눈부신 발전을 필요조건으로, 서비스분야의 불공정거래행위에 대한 개선요구의 증가를 충분조건으로 하여 용역위탁거래를 하도급법 적용대상에 포함시키는 계기가 되었다고 할 수 있다.

• Korea Trade Review
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• v.42 no.2
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• pp.391-410
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• 2017

This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

• Journal of Korean Philosophical Society
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• v.148
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• pp.129-156
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• 2018

Recently, a lot of articles and writings defending animal right and welfare are introduced into our society. For example, P. Singer's Animal Liberation, T. Regan's The Case for Animal Rights, and J. Rachels's Created From Animal are representative writings of animal ethics. In his books, P. Singer maintains that all animals are equal. T. Regan insisted that animals as a subject of a life have rights. J. Rachels's moral individualism is that how an individual may be treated is to be determined, not by considering his group membership, but by considering his own particular characteristics. Interestingly, they use common argument called 'argument from marginal cases' to justify their theoretical positions. If we can disclose the weakness of the argument, all kinds of animal ethics which defend animal right and welfare such as animal liberation theory, animal rights theory and moral individualism will collapse. In this paper, I will examine the concrete contexts in which Singer, Regan and Rachels make use of the argument. And I will critically examine the argument. Lastly I will show that the attempt to deny the difference of species is unsuccessful.

• The Journal of the Convergence on Culture Technology
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• v.5 no.4
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• pp.171-181
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• 2019

In this article, we examined designer babies and bioethics, and we reviewed how Anna argued that she had the rights to her body through trial with parents. No matter what purpose a cloned human or designer baby was born with, it is worth being respected as the birth itself. After learning the secrets of his birth in Jodie Picoult's My Sister's Keeper, which is based on a designer baby, Anna falls into confusion of identity and sues parents who decide to transplant organs regardless of Anna's will. Anna argues that she has the right to make decisions about her own body and that even her parents can't disregard her opinions. Scientists should stop their research if using biotechnology to reproduce humans, such as designer babies and cloned humans, can destroy the natural order.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.267-274
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• 2014

The culture is an integral factor when we deal with the quality of life of members of society, and the cultural right is accepted as the basic right. However, the cultural right of the disabled in our society stays in the conditions of the discrimination and alienation by social prejudices and barriers against people with disabilities, and that results from the lack of understanding as a right. The aim of this study is to further raise awareness about the cultural right of the disabled as the basic human right, make it clear to be a universal right based on that, and insist on implementing 'Affirmative Action' for actualizing the disabled's cultural right to equality. The political measures derived from this study to guarantee and realize the cultural right of the disabled are as follows. First, the target extent of cultural voucher system should be expand to not recipients of national basic livelihood guarantees and near poverty groups, but all the disabled. Second, to take full charge of the cultural support of the disabled as a independent organization, it is necessary to establish Ministry of Culture, Sports and Tourism-affiliated 'Bureau of Culture for Persons with Disabilities'. Third, the nationwide survey on cultural activities and desires of the disabled periodically is required.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.47-77
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• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• 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.

• Strategy21
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• s.40
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• pp.235-254
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• 2016

최근 남중국해(South China Sea: 南中國海)가 동아시아 해양안보의 중심 이슈로 대두되고 있다. 아울러 남중국해 문제가 당사국 간 해양분쟁 및 해양경계획정 이슈만이 아닌, 제3자 개입 등의 다자간 해양분쟁과 대립으로 확산되는 매우 복잡한 양상을 보이고 있다. 이러한 남중국해 해양문제는 미국과 중국 간의 강대국 경쟁구도가 적용되어 힘의 시현을 위한 대결 국면이 되는 반면, 중국이 전통적 해양이익을 구단선(nine dash line)을 근거로 주장하면서 국제법 적용 문제에 따른 법적 문제의 성격을 나타내고 있다. 이에 따라 최근 남중국해 상황은 '항해의 자유(Freedom of Navigation)' 보장을 주장하는 미국, 역사적 권리 보장을 위해 일반적 조치를 강행하고 해군력을 증강시키는 중국, 그리고 남중국해를 경유하는 수많은 선박들의 항해 안전(navigational safety)을 강조하는 역내 국가 간 의견이 표출되는 복잡한 양상으로 나타나고 있다. 특히 최근 중국이 상설중재재판소의 남중국해 중재판결을 무시하여 국제법 적용이 어려운 가운데 포괄적 동아시아 해양안보 차원에서 남중국해 이슈 해결을 위한 새로운 접근방안이 요구되고 있다. 이는 남중국해에 대한 당사국 간 평화적 분쟁 해결과 더불어, 강대국 간의 전략적 함의에 의한 해결이 병행되어야 함을 의미한다.

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

• Cross-Cultural Studies
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• v.52
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• pp.111-132
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• 2018

The way of approaching 'the relationship between love and justice' varies from person to person. We can argue for superiority of love or for superiority of justice by understanding the relationship between the two as conflicting. We can also argue that we need each other by understanding each other as a complementary relationship rather than an oppositional relationship. Hegel, however, sees love and justice as independent constitutive principles valid in different areas and does not regard the two as opposing nor complementary. This can only be understood when the structure of Hegel's theory of recognition is properly assumed. The relationship between love and justice will be considered mainly in Hegel's theory of recognition. Key philosophical points of Hegel's theory of recognition and consequences drawn on the relationship between love and justice on the basis of the theory will be examined. This can be summarized in the form of a thesis, roughly as follows. - Hegel presents love, justice and solidarity, that are various forms of recognition, to a family, a civil society and a state, that are three forms of social relations, as their constitutive principles. He does not grasp the relationship between love and justice as oppositional nor as complementary, that is different from many people's general perspective on the relationship of the two. - In Hegel's theory of recognition, love and justice differ in the areas in which they are valid. Love is a valid principle in the intimacy, and justice is a valid principle in non-intimacy. So, if justice and rights are asserted in intimacy, the area of intimacy is destroyed. Conversely, if love is asserted in non-intimacy, it cannot exercise real influence. - In the political community such as a state, where intimacy and non-intimacy overlap each other, the principle of solidarity is needed as a new constitutive principle, since a state does not stand on the principle of love as in a family nor on the principle of justice as in a civil society.