• Title/Summary/Keyword: 성명권

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A Study on the Right of the Name for Foreigners to advance to China (중국진출에 따른 중국의 외국인 성명권에 관한 연구)

  • Song, Soo-Ryun
    • Korea Trade Review
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    • v.42 no.3
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    • pp.123-142
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    • 2017
  • This study is to investigate Right to Chinese Name for Foreigners under Trademark Law of the People's Republic of China. The basketball star Michael Jordan sued Qiaodan Sports in 2012, saying the company had built its business around his Chinese name read as Qiaodan in Chinese without his permission. The Chinese supreme court ruled that the trademark for Jordan's Chinese name should be returned to China's State Administration for Industry and Commerce to be re-awarded, and it means Qiaodan Sports Co. must stop using the Chinese characters for Qiaodan on its merchandise. However, the court rejected Jordan's claim to the romanized or pinyin form of the name "Qiaodan," saying in its judgment that this version may not be closely linked with him. People who want to claim the right to Chinese name, he/she must prove the specific name has linked with him/her. Furthermore, he/she must prove the Chinese firm's actions had displayed "malicious intent" by registering trademarks for his/her Chinese name. The courts approve infringement by Chinese firm and stop to use his/her name in the country.

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Right of paternity of Ghostwriter (대필작가의 성명표시권 문제)

  • Kim, Jiyoung;Kim, Inchul
    • Proceedings of the Korea Contents Association Conference
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    • 2019.05a
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    • pp.351-352
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    • 2019
  • 우리 저작권법은 저작권자에게 저작인격권을 통하여 성명표시권을 부여하고 있다. 저작권법 제12조에 의한 성명표시권은 저작권자가 자신의 저작물에 대하여 실명 또는 이명을 표시할 권리를 뜻한다. 우리 사회에는 대필작가, 소위 고스트라이터를 통해 저작물을 창작하고 최종 저작물(위탁저작물)에는 대필작가의 이름이 빠지는 경우가 관행적으로 이루어지고 있다. 그러나 법적 관점에서 볼 때 위탁저작물을 창작한 자는 대필작가이고, 대필작가의 이름이 저작물에 표시되지 않는 것은 성명표시권 침해에 해당한다. 또한 성명표시권과 같은 저작인격권은 일신전속성을 지닌 권리로 양도, 포기, 불행사가 불가능하다. 그렇기에 법적으로는 대필작가의 성명을 위탁저작물에 무조건 표시해야 하지만 현실은 그렇지 못하다. 그렇기에 본고에서는 이에 대하여 간략하게 살펴보겠다.

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A Study on the Alienation and Inheritance of the Right of Publicity (퍼블리시티권의 양도성과 상속성에 관한 연구)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
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    • 2009.05a
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    • pp.532-536
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    • 2009
  • Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

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도서관, 정보서비스 기관, 지적 자유에 관한 글래스고 선언 및 ifla 인터넷 성명

  • Korean Library Association
    • KLA journal
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    • v.43 no.5 s.336
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    • pp.105-108
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    • 2002
  • 지난 8월 16일에서 24일까지 영국 글래스고에서 개최된 제68차 국제도서관협회연맹 대회 총회에서는 '도서관, 정보서비스 기관, 지적 자유에 관한 글래스고 선언(The Glasgow Declaration Libraries, Information Services and Intellectual Freedom, 원문은 http://www.ifla.org/faife/policy/iflastat/gldeclar-e.html 참조)'과 'IFLA 인터넷 설명서(The IFLA Internet Manifesto, 원문은 http://www.ifla.org/III/misc/internetmanif.htm 참조)'가 채택되었다. 이 같은 성명의 체택은 도서관ㆍ정보분야에서 지적자유에 관해 국제적 합의를 명확히 하고 이해와 협력을 구하기 위한 것으로 지난 해 발생한 미국 9.11테러 사태 이후 일어나고 있는 일련의 조치에 (국민의 기본권을 제한할 수 있는 법률의 제정 등) 대한 도서관계의 능동적인 대응이라는 의미가 크다. 국내 도서관인에게 참고가 될 만한 자료라 생각되어 '도서관문화' 편집실에서 이를 번역하여 게재코자 한다.

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A bibliographical research of the 『Dongyi Suse Bowon Sasang ChobonGuen』 (『동의수세보원사상초본권(東醫壽世保元四象草本卷)』의 서지학적(書誌學的) 연구(硏究))

  • Lee, Su-kyung;Song, Il-byung
    • Journal of Sasang Constitutional Medicine
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    • v.11 no.1
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    • pp.63-77
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    • 1999
  • This research was intended to make the writer and the written times of "Dongyi Suse Bowon Sasang ChobonGuen" clear. Considering the contents of "Dongyi Suse Bowon Sasang ChobonGuen", it was the manuscripts of "Dongyi Suse Bowon". So it was written by Lee Je-ma and it was written when he was in the late of 40s and the beginning of the 50s. The chapter of "The origin of human being" was the manuscript of the "Dongyi Suse Bowon" and it had many clues to understand the view points to recoginze the human being, and the chapter of "The herbology and The prescription" had many drafts of original prescription of the "Dongyi Suse Bowon". 'Bangang-tang' is the original prescription of 'GyejiBanhaSnggang-tang' of "Dongyi Suse Bowon" and 'GumiChyunMunDong-tang' is the original prescription of 'CheongsimYeonja-tang' of "Dongyi Suse Bowon". Compared with the 'The pharmacology' of "Dongyi Suse Bowon", it showed the order when the pharmacology of each constitution was completed. The pharmacology of Soyangin was completed the early ears of his c1inical experience, and secondly that of Taeumin was completed, and that of Soeumin was completed in the end.

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A Study on the Reports of Korean and Chinese Newspapers on Public Diplomacy Issues (한·중 언론의 공공외교 이슈에 관한 보도 연구 - AIIB 보도를 중심으로)

  • Cho, Youngkwon;Na, Misu
    • Journal of Digital Convergence
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    • v.14 no.2
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    • pp.1-18
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    • 2016
  • This study analyzed the reports of Korean and Chinese newspapers on the foundation of AIIB from the viewpoint of public diplomacy. The results showed that Chinese newspapers reported the government's statements and opinions and played as a means of conforming to the purposes of public diplomacy. Chinese newspapers employed the media paradigm of Instrumentalism among three paradigms of public diplomacy, which was due to ownership structure of the press. In the case of Korean Newspapers, they adopted paradigms of culturalism and professionalism. However, they verged to culturalism in terms of lack of discourse struggle due to few in-depth reports of the effects of national economy of AIIB.

A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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Strategy for South Korea-Vietnamese Military Cooperation in the field of defense (한(韓)·베트남 군사협력 추진전략 : 방산분야를 중심으로)

  • Lee, Kang Kyong
    • Convergence Security Journal
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    • v.18 no.3
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    • pp.105-112
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    • 2018
  • South Korea and Vietnam have been engaged in extensive political, economic and cultural exchanges since the establishment of diplomaticties in 1992. In March 2018, Moon Jae-in, President of South Korea, made an official visit to Vietnam, a key partner of the New Southern Policy and discussed comprehensive cooperation measures, including expanding trade volume and measures to establish peace on the Korean Peninsula. At the defense ministers' meeting held in April 2018, the two countries signed a joint defense and defense cooperation statement, which included promotion of maritime security, defense cooperation, UN PKO activities, excavation of remains, and joint military cooperation. Currently, Vietnam is facing territorial disputes with China over the South China Sea, and is stepping up military modernization and military buildup to counter this. In particular, Vietnam is strengthening its external military cooperation beyond ideology with the U.S., Russia, India and France to strengthen its maritime power. Against this backdrop, the bilateral cooperation between South Korea and Vietnam needs to expand beyond the traditional economic and cultural exchanges to military cooperation. The study aims to review the relationship between South Korea and Vietnam on the 26th anniversary of the normalization of diplomaticties and seek ways to develop military cooperation with Vietnam, which has grown to the next China. To that end, it analyzed Vietnam's security environment and military strategy and presented strategies for promoting military cooperation focusing on defense areas.

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The study on the structure of the Lee Je-ma's viewpoint of Morpho-Image (이제마(李濟馬) 형상관(形象觀)의 구조적(構造的) 고찰(考察))

  • Lee, Jun-hee;Koh, Byung-hee;Song, Il-byung
    • Journal of Sasang Constitutional Medicine
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    • v.11 no.1
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    • pp.41-61
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    • 1999
  • The purpose of this article is to investigate Lee Je-rna'os viewpoint of Morpho-Image. In the first place, I will define the viewpoint of Morpho-Image as the the structure of recognition and study it through bibliographic study on Lee Je-ma's work. The conclusions summarized as follows; 1. The structure of recognition, represented in "Gyukchigo(格致藁)" "Dongyi Soose Bowon Sasang Chobonkyon(東醫壽世保元四象草本卷)", is based on Taigi(太極), Liangyi(兩儀), Sasang(四象). There are the mind of Taigi(太極), the mind of Liangyi(兩儀) separated from Taigi(太極), the mind of Sasang(四象) separated from Liangyi(兩儀). The mind of Taigi(太極) is the mind of center, the mind of Liangyi(兩儀) is the mind of the mind and body(or the wisdom and action). Two axis, the mind(or wisdom) and the body(or action), cross and make Sasang(四象), affair-mind-body-object which classifies all affairs and objects of humans, society, and the universe as four types. 2. Lee Je-ma summarized everything in view of Sasang(四象), Sasang(四象) in view of Liangyi(兩儀), Liangyi(兩儀) in view of Taigi(太極). 3. The procedure of recognition above is described in , , . Such is transformed in terms of human body and described in .

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Proposal of Establishing a New International Space Agency for Mining the Natural Resources in the Moon, Mars and Other Celestial Bodies

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.313-374
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    • 2020
  • The idea of creating a new International Space Agency (ISA) is only my academic and practical opinion. It is necessary for us to establish ISA as an international organization for the efficient and rapid exploitation of natural resources in the moon, Mars and other celestial bodies. The establishment of ISA as a new international regime is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to establish as a preliminary procedure, it needs to make a "Draft for the Convention on the Establishment of an International Space Agency" among the space-faring countries. In this paper, I was examined the domestic space legislation in the United States, Luxembourg, European Space Agency, China, Japan, the Republic of Korea as well as space exploration and planning of the moons, Mars, Asteroids, Venus, Jupiter, Saturn, Titan and Other Celestial Bodies. The creation of an ISA would lead to a strengthening of the cooperation needed essentially by the developed countries towards joint and cooperative undertakings in space and would act as a catalyst for the space exploration and exploitation of the moon, Mars and other celestial bodies. It will be managed effectively and centrally the exploitation and exploitation of space the natural resources, technology, manpower and finances as an independent organization in order to get the benefit of the space developed countries by ISA. It is desirable and necessary for us to establish ISA in order to promote cooperation in space policy, law, science technology and industry among the space developed countries in the near future. The establishment of the ISA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon and other celestial bodies. I would propose the "Draft for the Convention for the Establishment of an International Space Agency." in refering the "Convention for the Establishment of a European Space Agency." This "Draft for the Convention Convention for the Establishment of an ISA" must pass the abovementioned "Draft for the Convention" by two-third majority of Diplomatic Conference in the UNCOPUOS. Finally, a very important point is need that a political drive at the highest level and a solemn statement by heads of state of the space devloped countries including the United Nations for the space exploitation of the medium and long term. It should be noted that this political drive will be necessary not only to set up the organization, but also during a subsequent period. It is desirable and necessary for us to establish the ISA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads of the superpowers including the United Nations will be agreed to establish ISA at a summit conference, 1 am sure that it is possible to establish an ISA in the near future.