• Title/Summary/Keyword: Commercial Law

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Solubility Change of Gasoline Components Under Evaporation (휘발에 의한 가솔린 성분의 조성 및 용해도 변화특성)

  • 염익태;이상현;염혜정;안규홍
    • Journal of the Korean Society of Groundwater Environment
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    • v.5 no.1
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    • pp.37-43
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    • 1998
  • Batch experiments were conducted to study the dissolution behavior of gasoline components. First, the dissolution kinetics of gasoline components and the applicability of Raoult's law in predicting their solubilities were investigated. In addition, the effects of compositional change of gasoline due to evaporization on the solubilities of individual components and TPH were determined. The kinetics of gasoline-water man transfer was found to be very similar for most components except for MTBE, which is a major additive for commercial gasoline. At equilibrium, the gasoline-water partitioning coefficients of individual components showed a log-linear relationship with their pure solubilities, though the slope was a little less than that predicted by Raoult's law. The concentrations of the individual components in the gasolines concentrated by volatilization could be characterized by the initial increase followed by substantial decrease. Almost the same behavior was observed for their solubilities. The total solubility (TPH) of gasoline decreased rapidly with the initial volume reduction and gradually decreased afterwards. The solubilities of BTEX, the major regulatory compounds, decreased even faster than the TPH solubilities. It was concluded that the compositional change of gasoline by volatilization may greatly affect their leaching potential and the toxicity of the contacting groundwater. The toxicity reduction efficiency by evaporating gasoline could be much more than the mass removal efficiency.

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A Study on the Duty of the Business Owner in the Contents(Casino) Corporation related with the Commercial Law - In the case of claim for damages of the gambler against the Kangwon Land(Supreme Ct. 2014.8.21, 2010다92438 case) (상법상 유기장콘텐츠 영업주(카지노영업주)의 주의의무에 관한 연구 -강원랜드 카지노 이용자의 손해배상청구의 경우 (대판 2014.8.21., 2010다92438 전원합의체 판결))

  • Chun, Woo-Hyun
    • The Journal of the Korea Contents Association
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    • v.17 no.12
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    • pp.180-190
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    • 2017
  • This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

Effect of Various Gums on Flow Properties and Yield Stress of Korean Sweet Potato Starch (여러 종류의 검 첨가가 국내산 고구마전분의 유동특성 및 Vane 항복응력에 미치는 영향)

  • Choi, Hye-Mi;Yoo, Byoung-Seung
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.38 no.9
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    • pp.1253-1257
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    • 2009
  • The effects of seven commercial gums (xanthan gum, guar gum, pectin, gum arabic, gellan, locust bean gum, and sodium alginate) at different concentrations (0, 0.3, and 0.6%) on flow properties of sweet potato starch (SPS) pastes were investigated. Flow behavior characteristics were adequately described by power law flow model, and yield stress was also measured by vane method. SPS-gum mixtures (5% w/w) at $25^{\circ}C$ were found to have high shear-thinning flow behavior with yield stress, and their consistency index (K) and apparent viscosity ($\eta_{a,100}$) increased with elevated gum concentration, except for pectin and sodium alginate. Vane yield stress ($\sigma_o$) value of SPS-pectin mixture was lower when compared to other mixtures while that of SPS-gellan mixture was much higher. Most of the gums, except for pectin, gum arabic, and sodium alginate, showed a synergistic effect on the elastic properties of SPS-gum mixtures. In general, the flow properties of SPS-gum mixtures appeared to be strongly influenced by the addition of gum, and dependent on the type and concentration of gum.

The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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The Comparative Study on Arbitration System of South Korea, North Korea, and China (남북한 및 중국 중재제도의 비교연구)

  • Shin, Koon-Jae;Lee, Joo-Won
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.101-124
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    • 2007
  • The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

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A framework of management for preventing illegal distribution of pdf bookscan file (PDF 형식 북스캔 파일 불법 유통 방지를 위한 관리 프레임워크)

  • Lee, Kuk-Heon;Chung, Hyun-Ji;Ryu, Dae-Gull;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.5
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    • pp.897-907
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    • 2013
  • Since various smart devices are being developed, a growing number of people are reading eBooks instead of paper books. However, people started making eBooks on their own by scanning paper books because there are not enough eBooks provided from market. The term "Bookscan" was made with this reason. The number of bookscan company is increasing because the equipment is too expensive. However, the commercial activity of bookscan company is against copyright law. Also bookscan files are in danger of being illegally distributed on web, because bookscan companies are not protecting copyright. Publication market follows the same procedure with sound market which was collapsed due to copyright problem. Therefore, the technical methods should be prepared for law system against bookscan. The previous ICOP(Illegal Copyrights Obstruction Program) system has been applied to sound and movie files, but not applied to publication. This paper suggests the framework for bookscan file management based on practical mechanism.

A Review on the Relationship of the Life Salvage and its Remuneration (해상인명구조와 보상체계에 관한 고찰)

  • Lee, Jung-won
    • Journal of Legislation Research
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    • no.53
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    • pp.491-524
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    • 2017
  • Under the general maritime law, a life salvor has no claim against the person saved, and a pure life salvor has no right to compensation from the owner of the ship or its cargo. This harsh rule, which treats the salvor of life less generously than the salvor of property, has been modified by international conventions, statutes, so that life salvors may expect a reward in most cases. It is, especially, unreasonable that a prerequisite of a salvage award is that at least some of the property must be saved, because life of a person can not be compared to values of goods such as vessels and cargoes. Also it is not understandable that only pure life salvors can not expect a reward for the saving of life from the owners of the property. In the meantime, according to Article 39 of the Korean Maritime Search and Rescue Act (hereunder, KMSARA), any person who has gave assistance and rescued in accordance with a governmental officer's order may get a compensation for their time and labour. The above mentioned compensation which is stemmed from the KMSARA may play a role as a compliment for the lack of enough compensation to a life salvor. This means that even though a life salvor failed to save property, he may expect a minimum compensation from the KMSARA. However, it should be recognized that when a life salvor is entitled to both remuneration for the salvage of life and recourse of expenditures from the KMSARA, the total remuneration shall be paid only if and to the extent that such remuneration is greater than any reward recoverable by the salvor under the Korean Commercial Code and the KMSARA.

A Study on the Legal Nature of the Duty to Arrange Spill Clean-up Equipment and the Issue on the Justification of Its Privatization (방제선 등 배치의무의 법적 성질 및 민간개방의 정당성에 관한 연구)

  • Lee, Jung Won
    • Ocean policy research
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    • v.33 no.2
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    • pp.83-119
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    • 2018
  • Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

Study on Legal Regulations for Utilization of Drone in Private Security (민간경비에서 드론 활용과 법적 규제에 관한 연구)

  • Kim, Kye Won;Seo, Jin Seok
    • Convergence Security Journal
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    • v.17 no.5
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    • pp.163-178
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    • 2017
  • Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.

A Study on Smart Soil Resistance Measuring Device for Safety Characterized Ground Design in Converged Information Technology (ICT 융합 환경에서의 안전 특성화 접지 설계를 위한 스마트 대지 저항 측정 기술에 관한 연구)

  • Kim, Hong-Yong;Shin, Seung-Jung
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.19 no.1
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    • pp.203-209
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    • 2019
  • In this work, a new land-specific resistance measuring device (GM) and a measuring probe (Grounding Rod) are connected to the WENNER quadrant as power-line communication (PLC). In groups of two (P1,P2) probes, five to ten probes are installed in series on the ground at intervals of 1m, 2m, 4m, 8m, and 16m, respectively. If the PLC signal from the GMD is detected by the receiver of the Probe 1 (P1) for measurement, the minute voltage and current for measurement flow from the PSD (power supply) attached to the probe to the ground, and then, through the soil between P1 and P2, enters the Probe 1 (P2). The resistance value is then measured by the principle of voltage drop due to ground resistance. Measure the earth resistance every T seconds up to 1 trillion and store the measured data on the Arduino Server mounted on the main equipment. Stored measurement data can be derived from formulas by Ohm's Law and from inherent resistance (here,). Data obtained in real time will be linked to CDGES programs installed on Main PC, enabling data analysis and real-time monitoring of the ground environment on land. In addition, a three-dimensional display is possible with 3D graph support by identifying seasonal characteristics such as temperature and humidity of land (soils). The limitations of the study will require specific application measures of Test Bed for commercial access to a model that has been developed and operated experimentally.