• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Journal of Korean Library and Information Science Society
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• v.35 no.1
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• pp.319-335
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• 2004

This paper suggests how to systemize administrative metadata required for managing intellectual property rights and their applications, which has been newly requested in digital library environment. For this purpose, firstly, the types of metadata required in digital libraries were identified. Secondly, this paper detected problems in MARC that digital libraries have been using as the tool for information organization. Finally, the structures of administrative metadata required by copyright laws were analyzed. On the basis of the researches above, this paper proposed how to systemize and operate administrative metadata that interlocks MARC, Dublin Core and administrative system of copyright trust agencies.

• Journal of the Korean Society for Library and Information Science
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• v.43 no.3
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• pp.5-29
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• 2009

The purpose of this study is to diagnose the changes, complexity and ill effects of the public library administrative system in Korea, to analyze its previous research and improvement issues, and to suggest reform plans and subsequent action. To do so, the author has proposed a unification model for the library administrative system, the library status in the local administrative organization, and the library management plan of the local government. And the author has suggested various subsequent actions for the unification of the library administrative system, that is, the transfer of property, relief of the financial burden, removal of the disadvantages caused by the status change, adjustment of the library director's position, improving the personnel system of librarianship, and amendments to the relevant laws and regulations.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.237-242
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• 2021

The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.

• The Journal of the Korea Contents Association
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• v.5 no.2
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• pp.107-114
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• 2005

This paper proposes to analyze a security level about information property systems. This method uses objective and quantitative risk level assessment. The method analyzes administrative, physical and technical aspects of information property system commonly. This method also uses administrative, physical and technical weights. Individually according to requirements security assessment purpose. And it shows risks weighting mean and importance of information property by graph. The most right and up systems in maps is prior to other systems. Also, Quantitative analysis presents more objective and efficient results for security level assessment of information system.

• Journal of Korean Institute of Industrial Engineers
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• v.32 no.4
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• pp.358-368
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• 2006

The significance of intellectual property in the knowledge-based society has been increasing and as a result, the patent customer's demand for a top quality patent administration service has increased as well. Therefore, Korean Intellectual Property Office(KIPO) adopted 6 sigma as a tool for KIPO's innovation to improve the quality of patent administration and enhance customer satisfaction. KIPO's steadfast promotion of 6 sigma resulted in many successful outcomes such as improvement of policy and service process from customer's point view, streamlining the administrative procedures, increased work efficiency, capability enhancement of core personnel, and so on. Since 6 sigma has proved itself to be equipped with features suitable for innovation in public sector, it can be used as an extensible innovation tool to meet the challenges in rapidly changing administration environment and to achieve a competitive edge.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.11-41
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• 2013

Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

• Journal of the Korean Society for information Management
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• v.40 no.4
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• pp.167-200
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• 2023

For the record management of administrative information datasets in Korea, it is recommended to utilize SIARD as a transfer specification when transferring administrative information datasets. However, there are many cases where the application of SIARD is not suitable due to the record management unit of administrative information datasets, technical limitations of tools that support SIARD, and the realistic situation of public institutions. In this study, we propose a plan to diversify the transfer specifications of administrative information datasets other than SIARD. In the record management of administrative information datasets, the need to reproduce the user interface associated with the dataset has been discussed but not specifically presented. This study confirms that the user interface is a property to be preserved from the perspective of Significant Properties, proposes a method to effectively reproduce the user interface, and provides an example of actual verification.

• Asian Journal of Innovation and Policy
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• v.7 no.1
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• pp.190-206
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• 2018

This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.6
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• pp.231-243
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• 2022

The objective of this study is to analyze the impact of conservative financial reporting on investment during uncertainty. It was assumed that during uncertainty conservative financial reporting can play an important role to improve investment decision-making. For our analysis, data sets from 2005-2020 of nonfinancial companies are used. To measure the impact of conservative financial reporting in the non-financial sector of Pakistan, Khan and Watts' (2009) model is applied. "Prospector" and "Defender" Business strategy is applied for measuring firm-level uncertainty. Investment is measured by adding the change in fixed assets (property, plant, and equipment). To check the robustness of conservative financial reporting, Givoly and Hayn's (2000) Negative Accruals measure is applied. To measure the robustness of uncertainty, environmental scanning and alertness technique is applied. According to environmental scanning and alertness technique, companies are divided into two groups named 'inert' and 'alert'. 'Inert' are those firms that are not scanning their environment, and 'alert' are those firms who continuously analyze their environment. The empirical estimations support our hypothesis. The empirical findings provide the proof that in the wake of uncertainty conservative financial reporting may facilitate to take optimal investment decisions in the developing economy of Pakistan. Our results provide critical and practical implications for investors, researchers, and standard setters.