• Title/Summary/Keyword: 대체적 분쟁

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How to Prove the Identity of Artist When Creating Non-fungible Tokens (대체불가능 토큰을 생성할 때 어떻게 예술가의 신원을 증명할까?)

  • Kim, Taekyung;Yang, Ji Yeon
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.5
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    • pp.669-676
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    • 2022
  • Non-fungible tokens (NFTs) have the advantage of being able to reliably manage details after minting, but how can ideas be protected before being converted to NFTs? The use of NFTs to increase the value of digital assets is increasing, but the problem of creating and selling NFTs without the consent of the creator is also increasing. Existing methods for protecting creators include a method of using a traditional authentication system and a method of using a social network, but each has limitations. Therefore, in this study, an identity token utilization method is proposed as a way to supplement the existing limitations. When an identity token is used, a certified NFT is issued through an existing identity authentication authority, so the verification of the authenticity of the token becomes clear. In addition, in inheritance and transfer, it becomes possible to respond to legal problems related to the transfer of creative rights.

Method to Objectify Individual Factors of GIS-based Real Estate Appraisal (GIS를 이용한 감정평가의 개별요인 객관화 방안)

  • Kim, Tae Woo;Kang, In Joon;Park, Dong Hyun;Hwang, Dae
    • Journal of Korean Society for Geospatial Information Science
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    • v.23 no.4
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    • pp.35-41
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    • 2015
  • Real estate appraisal methods include profit-based, cost-based and comparison-based measures. The purpose of this study is to scientifically quantify the comparison-based method mostly utilized in valuating real estate property among the appraisal methods. The comparison method is to estimate the value of target property from other previously-traded property cases by comparing and adjusting their temporal gap, spatial gap and space-time gap. In appraisal practices, this comparison method is used generally for land property. If based on previous transactions; prices, time point of transaction, region and individual factors were analyzed to valuate. If based on official land values; official value, time point, region and individual factors are analyzed. Of these, the individual factors are an important process of comparing individual characteristics where real estate appraisers' subjective assessment could intervene. Though appraisers, as experts make generally precise assessment, still, it is a subjective judgment open to difference between appraisers themselves, causing disputes from time to time. In this recognition, the study seeks to quantify such a subjective assessment of appraisers by running GIS analysis on individual factor components including street condition, access condition;and plotting condition.

A Study on the Using Resident Registration Number and Alternatives for RRN (주민등록번호 사용현황과 대체수단에 관한 연구)

  • Choi, Haelahng;Chung, Chung-Yun;Choi, Sung-Eun;Pak, Hyejin;Kim, Chang-Soo;Ahn, Sung-Soo
    • Proceedings of the Korea Information Processing Society Conference
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    • 2012.11a
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    • pp.907-909
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    • 2012
  • 주민등록번호는 주민생활의 편익 증진과 행정사무의 적정한 처리를 목적으로 도입되었으나 인터넷의 발달과 함께 관행적이고 무분별하게 사용되어 왔다. 수집된 주민등록번호가 해킹 등의 유출사고로 명의도용 등 범죄에 악용될 우려가 커지자 이를 근본적으로 해결하기 위하여 2011년 방송통신위원회는 인터넷상 주민등록번호 수집 이용을 제한하는 법 제도적 정책을 추진하였다. 정보통신망법이 개정되어 주민등록번호의 사용이 제한되면서 사업자에게 본인확인, 연령확인 등 법률의무의 이행이나 고객의 분쟁조정 등 목적을 위해 주민등록번호를 대체할 본인확인수단이 필요하게 되었다. 본 논문에서는 주민등록번호를 이용자가 입력하지 않으며 보편적으로 사용하고 있는 인프라를 이용하고 단순한 입력정보의 변경을 통해 본인확인을 할 수 있는 방안을 제안한다.

A Study on the Public Interest Role of the Detective Industry for Music Copyright Protection (음악저작권 보호를 위한 탐정산업의 공익적 역할 연구)

  • Kim Mi Ok;Yun Sou Bin;Yeom Keon Ryeong
    • Industry Promotion Research
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    • v.8 no.1
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    • pp.23-33
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    • 2023
  • In modern times, damage caused by the spread of the Internet has become very diverse. In particular, due to the craze of K-pop since 2008, the damage caused by copyright infringement in the domestic and international music markets has become the biggest problem in the Internet market. However, the manpower of the police and copyright protection agencies to solve these increasingly intelligent crimes is insufficient. Therefore, we are trying to find out the role of the public interest detective as a supplementary force for the public authority and as a substitute for the copyright protection agency that can provide legitimate help for victims in the prevention of music copyright infringement and disputes. For this study, first, the concept and types of music copyright, the concept of public interest detectives, the current status and system of music copyright were identified, and the role of detectives for music copyright protection was explored through system operation and status analysis of protection agencies and literature review. Through the results of this study, it is hoped that the role of a professional detective in the public interest dimension of music copyright protection can be a good soil for the development of the detective industry in the future.

A Study in Considering the Acceptance of Private Military Companies (민간군사기업의 도입방향에 관한 연구)

  • Choi, Eung-Ryul;Song, Hye-Jin;Oh, Sei-Youen
    • Korean Security Journal
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    • no.17
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    • pp.337-360
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    • 2008
  • Since the Cold war, many countries in the world have reduced the number of their military personnel. However, it is also factual that regional conflicts have been incessantly occurring around the world. In turn, specific governmental policies are also needed in certain countries. Recently, a resolution growingly accepted in the advanced countries is the outsourcing of the resources and services of private military companies, which benefits for governments to manage their military force efficaciously. The utilization of private military force, however, may potentially generate ethical and practical issues because of the non-specified international codes to regulate private military companies, the political misuse of private personnel without concerning the loss of public military employees in danger zones, the safety of private personnel in the field, and the possibility of genocide. Prior to accept a private military companies which may be adequate in the environment of the Korean military, it is necessary to review previous cases of foreign countries. In addition, it is also needed to determine the plausible boundaries of the operation of private military companies with taking into consideration of the situations of the Korean military and private business. Finally, the systemic governmental support is requested in order to foster the business of private military.

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Comparative Study of Labor Disputes in the Period of Restructuring: the Cases of Hyundai Motor and Power Generation Companies (구조조정기 노사분쟁의 사례비교연구: 현대자동차와 발전회사의 분규를 중심으로)

  • Lee, Byoung-Hoon
    • Journal of Labour Economics
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    • v.27 no.1
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    • pp.27-53
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    • 2004
  • This paper analyzes the two cases of labor disputes (Hyundai Motor in 1998 and Power Generation Companies in 2002) in the period of restructuring, by applying the behavioral theory of labor negotiations as a comparative framework. The paper compares th backgrounds of the labor disputes, core issues, bargaining processes, and evolutionary patterns and consequences of the labor disputes at the two cases. The common features, found in the two dispute cases, are strong mistrust and exclusive bargaining attitude between labor unions and management, little feasibility of contract zone in bargaining proposals by the two parties, heteronomous dispute resolution by the intervention of the government, and the lack of learning effect gained from the experience of labor disputes. This comparative case study identifies that the confrontational labor-management relations at the firm level is re-produced by a regressive process of the following circulation: labor-management distrust $\rightarrow$ interest conflict in bargaining demand $\rightarrow$ exclusive bargaining attitude $\rightarrow$ the experience of antagonistic dispute $\rightarrow$ deepened distrust. In conclusion, four parties-labor unions, management, the government, and public press - are required to make much effort to replace the vicious circle of labor-management confrontation by a virtueous cycle of labor-management cooperation.

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A Study of Ways to Expand Use of ADR (대체적 분쟁해결제도(ADR)의 활성화 방안에 관한 고찰)

  • 김경배
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.171-205
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    • 2002
  • ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

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A Study on French ADR and the Present Situation of its Application (프랑스의 ADR과 그 활용 현황에 관한 고찰)

  • Won, Yong-Soo
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.97-116
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    • 2007
  • This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

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A Study on the Harmonization of a Mediation System through a FTA among China, Japan, and Korea - Focused on the Patent Mediation - (한중일 3국의 중재제도의 조화를 위한 소고 - 특허권 중재를 중심으로 -)

  • Lee, Heon-Hui
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.153-175
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    • 2013
  • The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

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ADR systems as solutions to reduce disputes of cosmetic law - Focusing on National Qualification System of Customized Cosmetic Preparation Managers - (분쟁의 소지가 있는 화장품법의 대체적해결방법으로서 ADR제도 -맞춤형화장품조제관리사 자격제도 중심으로-)

  • Kim, Ju Ri
    • Journal of Arbitration Studies
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    • v.31 no.4
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    • pp.137-160
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    • 2021
  • The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.