• 한국농촌건축학회논문집
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• 제8권3호
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• pp.51-58
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• 2006

It is a study about an architectural agreement contents of Kyoto in Japan. For will including in the near future, new system need to solve people misunderstanding worrying about excessive restriction, and strive for interests among construction, as well as it is helpful to central administration for system propulsion finance and regional administration having to work practical. This study is about an Architectural rule on the architectural agreement contents in agreement of residents. Because This rule is necessary to introduce in Korea, because is possible to conserve regional characteristic in urban.

• 한국농촌건축학회논문집
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• 제7권3호
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• pp.36-45
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• 2005

It is a study about an architectural agreement of Japan. For will including in the near future, new system need to solve people misunderstanding worrying about excessive restriction, and strive for interests among construction, as well as it is helpful to central administration for system propulsion finance and regional administration having to work practical. The study first introducing new system in Korea, consist of Agreement of purpose and contents(Period, Boundary, Management, Renewal, Disuse).

• 한국중재학회지:중재연구
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• 제12권1호
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• pp.55-88
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• 2002

Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

• 만화애니메이션 연구
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• 통권10호
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• pp.55-72
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• 2006

이 논문은 한국문화콘텐츠진흥원에서 발표한 <만화 비즈니스 가이드북 표준계약서>를 분석하여 만화산업 발전을 위한 만화작가와 업체간의 표준계약서로 자리매김하고자 연구한 것이다. 표준계약서 내용 중에서 <만화 출판권 설정 계약서>를 중심으로 문제제기를 하고 대안을 제시하였다.

• 한국중재학회지:중재연구
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• 제16권3호
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• 정보관리연구
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• 제34권1호
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• pp.99-117
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• 2003

본 고에서는 도서관에서 디지털정보자원을 구매하는데 필요한 라이센스의 특징과 유형 및 주요 구성요소를 살펴보았다. 또한 국내 도서관에서 이루어지고 있는 라이센스 유형을 조사 분석하여 현행 라이센스 체결의 문제점을 지적하였으며 향후 바람직한 라이센스를 체결하는데 필요한 방향을 제시하였다.

• 한국콘텐츠학회논문지
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• 제13권1호
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• pp.175-185
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• 2013

연구대상판결은, (1) 상속재산분할은 그 성질상 협의의 성립과 동시에 종료하고 그 후에는 그 협의에서 그 채무를 부담한 상속인과 그 채권을 취득한 상속인 간의 채권채무관계가 남을 뿐이라는 점, (2) 협의분할의 법정해제를 인정할 경우 소급효를 갖는 상속재산의 재분할이 불가피하게 되어 법적 안정성이 크게 저해된다는 점을 근거로 하여, 협의분할의 법정해제를 부정하였다. 그러나 (1) 상속재산협의분할은 실질적으로 공동상속인 상호 간의 지분교환 양도 포기에 상당한 처분의 성질을 가진다는 점, (2) 공동상속인 전원에 의한 협의분할의 합의해제에 있어서도 소급효를 갖는 상속재산의 재분할이 불가피함에도 불구하고 합의해제의 유효성을 인정하는 데 아무런 이론(異論)이 없다는 점에서, 협의분할이 실질적으로 공동상속인 간의 부담부증여와 같은 성질을 가지는 경우에는 협의분할에 대한 법정해제도 인정하는 것이 온당하다. 다만, 상속재산분할협의는 공동상속인 전원이 참여해야만 성립되는 계약이므로, 협의분할시 상속인 일방이 부담한 채무의 불이행을 이유로 하는 협의분할의 법정해제도 그 일방을 제외한 다른 공동상속인 전원의 의사표시에 의해서만 가능하다고 보아야 한다.

• 한국농촌건축학회논문집
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• 제9권2호
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• pp.67-74
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• 2007

The purpose of this study is to investigate the introduction and practice method of "an architectural agreement" for renewal of urban residential districts. To solve this theme, this paper is intened to consider the formative procedure and sustainable development of an architectural zone by mutual agreement focused on Aneyakouji district in the center of Kyoto city. The results of this study were as follows ; an Aneyakouji district organized "a society recollecting Aneyakouji district", conflicting between the preservation of the traditional residential context and the construction of high-rise mansion, attracted so many town meetings and various events, and contracted an architectural zone by mutual agreement on 2002, 7. And so this architectural agreement zone had been sustainedly developed, it is based on deep-rooted relationships, opening of events and meetings, and partnership of residents companies administrators professionals. We will introduce "an architectural agreement" considering the former contents such as the case study of Aneyakouji district.

• 식품과학과 산업
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• 제51권3호
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• pp.196-208
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• 2018

This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

• 한국주거학회논문집
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• 제17권1호
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• pp.145-153
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• 2006

Making of agreement with participation subjects is important process laying stress on presentation and a reasonable design guide line to form space order grant and synthetic space in Housing Complex plan. This study analyzed residing application specific character of design guide line that is presented to architects in general planning laying stress on plan only of 'Bongmu-dong town house' and design agreement of by architectural result that appear analyze. Result that analyze is as following: 1) Confer in 18 plan contents and integrate design or was adjusted. Being main conduct and unit plan and residing only in plan many negotiations accomplish. Architect who confer most Designs of 5 architects is 'Jean Michel Wilmott' and 'Shigeru Ban' 2) contents that confer much in plan main conduct and unit generation were details plan. Contents that is conferred with many architects are about door/core/rooftop be and asked a question about proper size of entrance. Negotiation about size was expose to the tribe of knowledge about element that do furniture and detail of necessary each space in life style of our country. We must present furnitures or detail element that appear by emotion of our country and detailed item of furnitures' size etc.. in guide line. It is immediate that creation of guide that architects can approach easily for lacking abroad architects of interests by code difference in each country is pressing. 3) In residing plan 4 architects of 5 architects applied similarly guide line in design. Most architects look by active support that make synthetic housing complex. and this is construed that act positively to make by unified residing. That plan of woods or landscape architecture and security of green area space are thing to approach on 'Environment-friendly mode of life residing only' that is general planning subject of 'Bongmu-dong town house'. 4) common question items of architects guide line of though is refered definitely when make out effective interests plan. So that can overcome legislation difference, countermeasure to make understood construction code of our country is pressing