• Title/Summary/Keyword: FAIR Principle

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FAIR Principle-Based Metadata Assessment Framework (FAIR 원칙 기반 메타데이터 평가 프레임워크)

  • Park, Jin Hyo;Kim, Sung-Hee;Youn, Joosang
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.12
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    • pp.461-468
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    • 2022
  • Development of the big data industry, the cases of providing data utilization services on digital platforms are increasing. In this regard, research in data-related fields is being conducted to apply the FAIR principle that can be applied to the assessment of (meta)data quality, service, and function to data quality evaluation. Especially, the European Open Data Portal applies an assessment model based on FAIR principles. Based on this, a data maturity assessment is conducted and the results are disclosed in reports every year. However, public data portals do not conduct data maturity evaluations based on metadata. In this paper, we propose and evaluate a new model for data maturity evaluation on a big data platform built for multiple domestic public data portals and data transactions, FAIR principles used for data maturity evaluation in Europe's open data portals. The proposed maturity evaluation model is a model that evaluates the quality of public data portal datasets.

A Study of Machinima and Fair Use Doctrine in MMORPGs (MMORPGs에서의 머시니마와 공정이용 원칙에 관한 연구)

  • Suh, Kye-Won
    • Journal of Korea Multimedia Society
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    • v.20 no.6
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    • pp.960-968
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    • 2017
  • Machinima is a new medium of artistic expression that allows creators to produce faster and cheaper 3D animated works than ever before. However, the software owner controls all rights in the game. The principle of fair use allows for limited use of works without permission of the copyright owner for certain purposes. The application of the principle of fair use to any particular machinima will depend on the specific circumstances. In conclusion, in order to maintain the balance between the copyright owner and the user, the reasonable role of the court in Korea seems to be more important in interpreting the fair use clause.

Case Study on Pricing Principle of Facilities Sharing and Its Implications (주요국 설비제공대가 산정방식에 대한 사례 분석)

  • 이종용
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2004.05b
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    • pp.565-568
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    • 2004
  • Facilities Sharing is defined as the access providers who is holding the telecommunications facilities rent their facilities to the access seekers who is not holding them to promote the fair competition among carriers in a narrow sense and to avoid the duplication of investment in a broad sense. MIC, the regulator in Korea, has revised the current policy of facilities access toward mandatory system. The purpose of this paper is to review the pricing principle of facilities sharing in major countries and to discuss the implications of this case study.

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A Study on the ICSID Arbitration Cases for Compensation of Indirect Expropriation (간접수용의 보상에 관한 ICSID 중재사례 연구)

  • OH, Won-Suk;HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.149-170
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    • 2015
  • State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

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The Overcome of Subalternity for the Producers of Fair Trade and the Ways for Producer-led Regional Development (공정무역에서 생산자의 하위주체성 극복과 생산자 주도 지역 발전)

  • Lee, Yong Gyun
    • Journal of the Korean association of regional geographers
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    • v.23 no.1
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    • pp.47-61
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    • 2017
  • Recently global society has been interested in the alleviation of poverty in the developing countries. Fair trade has gotten lots of attention as the new way to release the poor situation of the developing countries through the favored trade deal. This research endeavored to reveal the problems of fair trade in the context of the subalternity of producers in the developing countries. Fair trade as a social movement has been carried out under the principle of fairness with the partnership between developed and developing countries, pursuing on the sustainable development of the developing countries. However, it has been revealed that fair trade is not the right way to overcome the poverty of developing countries. The main reason for the unfairness of fair trade was due to the developed countries led programs which are very similar to aid programs, thus this study suggests the necessity of producer-led development program as a practical performance of the producers in the developing countries for fair trade. For this development, this research put emphasis on the perceptual transition for development, renewed understanding of market value, development as freedom, and the importance of individuality for local development in the context of postdevelopment.

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An Efficient Ways of Improving Regulations on Insider Trading (내부자거래(內部者去來) 규제개선(規制改善)의 효율적(效率的)인 방안(方案))

  • Park Sang-Bong
    • Management & Information Systems Review
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    • v.4
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    • pp.611-629
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    • 2000
  • In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

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A Study on Fair and Equitable Treatment in International Investment Agreements (국제투자협정상 공정하고 공평한 대우에 관한 연구)

  • Kim, Yong-Il;Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.187-213
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    • 2012
  • The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

The Liabilities of Collision and the International Collision Rules (선박충돌의 과실책임과 국제해상충돌예방규칙 -상법 제846조 쌍방과실의 충돌과 관련하여-)

  • Park, Yong-Sub;Koo, Hong
    • Journal of the Korean Institute of Navigation
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    • v.5 no.1
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    • pp.37-48
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    • 1981
  • There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

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Phonological Constraints in English Morphology (영어 형태론에서의 음운 제약)

  • 김영석
    • Korean Journal of English Language and Linguistics
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    • v.3 no.4
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    • pp.547-570
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    • 2003
  • There are a fair number of suffixes in English whose conditions on attachment refer to stress and/or segmental information contained within the words they attach to (see Siegel 1974, Jespersen 1942 and Marchand 1969). Through a wide study of relevant data, we will delve deeply into such phonological restrictions on the bases, which may as well be divided into four distinct types: haplological constraints; segmental constraints; prosodic constraints; and mixed types. We will further assume here that the category/ subcategorization requirements of affixes are subject to the Projection Principle (PP) as conceived in Kiparsky (1983). It will be shown how this PP interacts with phonological constraints placed upon the affix in question, especially in the treatment of-ful (inventful/mournful) or -en (longen/lengthen). Our account of problematic affixations in English is based on a number of violable constraints in OT.

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