• Title/Summary/Keyword: 권리 실제

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A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
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    • v.13 no.2
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    • pp.573-600
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    • 2009
  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

Ethical Dilemmas in Teacher-librarians' Professional Practice (사서교사의 윤리적 딜레마에 관한 연구)

  • Chung, Jin Soo
    • Journal of the Korean Society for Library and Information Science
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    • v.55 no.1
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    • pp.161-180
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    • 2021
  • This study investigates ethical dilemmas of teacher-librarians in their professional practice. Within the framework of "Librarians' Statement of Ethics" by Korean Library Association, the study used the survey and semi-structured interview with teacher-librarians. 259 teacher-librarians responded the survey and 5 teacher-librarians participated the interview. The survey was analyzed using descriptive statistics to find how often teacher-librarians experience ethical dilemmas. The semi-structured interview was transcribed and analyzed to draw the individual cases of teacher-librarians' ethical dilemmas. The results indicate that teacher-librarians experience ethical dilemmas in relation to information access and intellectual freedom most often. It was difficult for teacher-librarians to relate their professional duties with their expertise and that they were not clear on how to avoid copyright issues and how to deal with the balance between users and copyright holders. This study had implications that individual dilemma cases are so context-dependent that teacher-librarians had to make decisions individually. They tried hard to find the balance between protecting students from harmful resources and library ethics. Researchers and practitioners need focus more on finding where the balance is and how teacher-librarians deal with their ethical dilemmas.

Redactable Blockchain Based Authority Alteration and Accessn Control System (수정 가능한 블록체인 기반 권한 변경 및 접근 제어시스템)

  • Lee, Yeon Joo;Choi, Jae Hyun;Noh, Geontae;Jeong, Ik Rae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.3
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    • pp.513-525
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    • 2022
  • The immutability of blockchain is core elements of security of blockchain and guarantee data integrity. However, the characteristic that the data recoreded once in the blockchain cannot be modified has place for abuse by a specific user. In fact improper contents that is inappropriate to be recorded on the blockchain, such as harmful data and user personal data, is exposed on Bitcoin. As a way to manage improper content existing in the blockchain, there is a redactable blockchain using chameleon hash proposed for the first time by Ateniese. The redactable blockchain meet the right to be forgotten of GDPR by allowing data modification and deletion. Recently, Research on personal data management is being conducted in a redactable blockchain. Research by Jia et al. proposed a model that enables users to manage their personal data in the redactable blockchain. However, semi trusted regulators, which are blockchain participation nodes, have powerful authority in the blockchain, such as modification rights and deprivation of transaction rights for all blocks, which may cause side effects. In this paper, to weaken the authority of regulators in Y. Jia et al., we propose a method of authority subject altering and authority sharing, and propose a redactable blockchain-based authority change and access control system model based on applicable scenarios.

A Study on the Service Status of Public Domain Works in Digital Library: Focusing on the Case of the National Library of Korea's Expired Works Service (디지털도서관의 퍼블릭도메인 저작물 서비스 현황에 관한 연구: 국립중앙도서관의 보호기간 만료 저작물 서비스 사례를 중심으로)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.3
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    • pp.119-142
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    • 2023
  • Copyright is a legal criterion for determining the scope and method of digital library service. Works with expired protection periods correspond to the public domain and can be freely used by anyone. For this reason, it is a priority consideration in digital library construction and services. The purpose of this study is to examine how actively libraries are using expired protected works for digital library services. To this end, the relevant provisions of the Copyright Act applied to the construction and service of digital libraries were first summarized, and the meaning of the copyright protection period was theoretically examined. The current status of online services for expired works by the National Library of Korea was examined, focusing on the works of three Japanese colonial era writers, Kim Yoo-jung, Lee Hyo-seok, and Chae Man-sik, to check the specific service status of expired works. It reveals that the National Library of Korea is not fully utilizing the scope of the law, and that this situation is linked to the rights of other authors included in the book. Based on these results, it suggests that there is a need to change the service unit to focus on copyrighted works and to use authority records to systematize the management of authors' death years.

Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

Legal and Inferential Studies on Importer's Risk in Investigation of Origin on FTA (원산지조사에 대한 수입자의 통제불가능한 위험)

  • Kim, Duk-Jong;Kim, Hee-Ho
    • Korea Trade Review
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    • v.42 no.1
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    • pp.69-97
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    • 2017
  • This study purpose to examine the importer's risks that may arise from origin investigation by Customs authorities. We have drawn the important factors affecting the application of FTA preferential tariffs and divided the stages from the conclusion of the contract for the importer to the undergoing origin investigation. In addition, we demonstrate empirically that the risks that arise in areas where importers are difficult to control exist. As a management method of the uncontrollable risk from the importer, we have provided the methods that the seller stipulated the seller's responsibility in the trade contract, prepared for situations in which no one was responsible, and formulated a friendly and cooperative supply chain. Even if the seller's liability is clarified in the contract for sale, the risk of the investigation into the origin of the imported goods is not completely eliminated. This is because, under the current agreement and system, there is no way for the customs authority of the contracting party of the FTA to claim compensation for damages incurred by importers due to breach of agreement such as not returning the result of the origin verification. Importers are subject to customs duties, but there may actually be situations in which no one is responsible for them.

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Standardization of Identification-number for Processed Food in Food-traceability-system (가공식품에 대한 이력추적관리번호 부여체계의 표준화 방안)

  • Choi, Joon-Ho
    • Journal of Food Hygiene and Safety
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    • v.27 no.2
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    • pp.194-201
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    • 2012
  • Facing a number of global food-related accidents, the concept and system for food traceability have been designed and introduced in many countries to manage the food-safety risks. To connect and harmonize the various food traceability-information in food traceability system according to the food supply chain, the coding system of identification-number for food-traceability has to be standardized. The GTIN (Global Trade Item Number) barcode system which has been globally standardized and implemented, is reviewed with the mandatory food-labeling regulation in expiration date of processed foods. The integration of GTIN-13 bar-code system for food-traceability is a crucial factor to expand its function in the food-related industrial areas. In this literature, the standard coding system of identification-number for food-traceability is proposed with 20 digit coding number which is combined with GTIN-13 bar-code (13 digit), expiration date (6 digit), and additional classification code (1 digit). This proposed standard coding system for identification-number has a several advantages in application for prohibiting the sale of hazard goods, food-recall, and inquiring food traceability-information. And also, this proposed coding system could enhance the food traceability system by communicating and harmonizing the information with the national network such as UNI-PASS and electronic Tax-invoice system. For the global application, the identification-number for food-traceability needs to be cooperated with the upcoming global standards such as GTIN-128 bar-code and GS1 DataBar.

A Study of Moral Panics of Multi-cultural Society in Korea (한국 다문화 사회의 도덕적 공황 상태에 대한 연구)

  • Song, Sun-Young
    • Journal of Ethics
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    • no.77
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    • pp.73-112
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    • 2010
  • This study aims to explore the character and problem of multicultural society in Korea in terms of the concept of moral panics. Its major issues are dealt with as follows: Firstly, this essay will apply two concepts of culture in multiculturalism - the pattern of meaning and a study of perfection- to three degrees of multicultural members: by individual, by groups and by a society as a whole. In this approach, moral panics of multicultural society in Korea have been manipulated by the secondary definitions like Korean government and media. In this study, however, the resource of the panics would be seen as nationalism in Korean history. To remove it in this essay, the conception of the pattern of meaning, which makes members understand others outer their norms, should be harmonized with that of a study of perfection by which they have identities. Secondly, the main subject of multiculturalism in Korea should at least be majority (groups)-Korean, not minority (groups)-foreigners. A stereotype of foreigners by majority is an image distorted by nationalities and races. People, for example, with the white skin from advanced countries are recognized as superior, while those born in the countries of Southeast Asia are, consciously or unconsciously, discriminated and have low positions due to socio-economic stratification in Korea. In this sense, a study of multicultural society in Korea should go forward to the inner direction to majority, because it is one of the real moral panics in Korea. In conclusion, it is important that there must be a study of identity which we can have of others in multicultural studies of Korea. It enables us to meet the conception of diversity. In that Korean government and media have neglected the danger of nationalism, it is also necessary that this study have any foundation of morality in ethics, which can give useful alternatives to the given polices of the secondary definitions.

A Study on a Prevention of Long-term Care self-reliance Support for the Elderly in Home: Proposal of an Prevention and Support for Self-reliance Support Model (재가노인의 장기요양예방과 자립지원에 관한 연구: 예방·자립지원 모형설계 방안제언)

  • Kim, Hyun-Sil;Hwang, Sung-Ja
    • 한국노년학
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    • v.30 no.4
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    • pp.1359-1375
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    • 2010
  • Expecting the expansion of the elderly population under long-term home care with the coming of the aged society, this study purposed to propose a prevention and self-reliance support model and to get practical implications for minimizing dependency on care benefits and enhancing the effectiveness of prevention and self-reliance support. Research methods employed for this study were: first, reviewing theoretical literature for clarifying the concept of prevention and self-reliance support in providing long-term care benefits for the elderly; second, identifying factors hindering prevention and self-reliance support through analyzing standard long-term care use plans and documents related to long-term care benefits at elderly welfare centers to which the research subjects belonged; and third, surveying care benefit users on factors hindering their use of prevention and self-reliance support and their needs in the use of care benefits. Based on the results of the three types of qualitative research, we proposed directions for prevention and self-reliance support modeling and suggested practical implications for enhancing the effectiveness of prevention and self-reliance support. For this study, we collected documentary materials and conducted in-depth interviews with the participants with the consents and cooperation of managers and professional social workers at day care centers and elderly welfare centers in D City. According to the results of this study, literature review suggested that long-term care prevention and self-reliance support should be provided in a way of 'strengthening user-centered support systems,' which support elderly long-term care beneficiaries' right to lead a life as the subject of their own life. Document analysis found the absence of benefits related to health and medicine and lack of social support systems for prevention and self-reliance support, and the results of in-depth interviews suggested the necessity to strengthen services related to elderly long-term care beneficiaries' prevention and self-reliance, and the keen needs of the long-term care elders for prevention and self-reliance included: ① loneliness, anxiety, fear; ② missing for and worry about children and people; ③ moving, outing; ④ health and medical services, rehabilitation programs; ⑤ desire to use day care; ⑥ inconvenience of house structure; ⑦desire for meal menus; and ⑧ the occurrence of disuse syndrome. Based on these results, we suggested the base of prevention and self-reliance support modeling with three axes: ① strengthening user-centered support systems; ② strengthening support systems connected to health and medicine; and ③ strengthening social support systems.