• Journal of Forest and Environmental Science
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• v.32 no.1
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• pp.82-93
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• 2016

This article presents an overview of the Native Customary Rights to forests and its role in protecting the future of native people of Sarawak, Malaysia. The native people have had a long history and strong relationship with their forests. Existing documents and studies have been critically reviewed and analyzed in order to elaborate the Native Customary Rights which are critical to the native people of this region. To have a better understanding on Native Customary Rights, it is important to answer three related questions: (i) Who is a native of Sarawak, (ii) What is 'custom', and (iii) What is the nature of 'rights'? The roles of Native Customary Rights for economic, political or social reasons, operate through informal rules embedded in the natives' customs and traditions. These rules have never been codified into formal laws because the adat system merely functions to manage the human relations which are tied to culture thus making it difficult to codify the culture into laws. It is evident that there are several issues underlying the development of Native Customary Rights: (i) Native Customary Rights are considered as inferiority to those of the State, (ii) the issue of over-shadowing of traditional laws by the colonial rule and the current statutory laws and, (iii) projects and land schemes involving the Native Land. It is understood that the challenges of promoting Native Customary Rights are daunting task; however, the constitutional laws need to carefully revise to provide a better future for the natives.

• International Journal of High-Rise Buildings
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• v.12 no.1
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• pp.19-33
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• 2023

Air Rights techniques, including floor-area ratio (FAR) transfers, FAR bonuses, and FAR storage, have been widely applied among skyscraper constructions in New York City for profit maximization goals. Since 1916, air rights regulations in New York zoning system have been revised and improved over the years to cater the urban development needs of different periods, and they also result in typical skyscraper block typologies. This research firstly performed spatial overlay analysis to reveal the spatial correlation between skyscraper blocks and air rights application blocks; secondly, Spacematrix parameters and cluster analysis are applied to divide the skyscraper urban block of New York City into four categories. Compared with air rights application data, the research attempts to illustrate how various air rights techniques have acted on the formation and evolution of skyscraper block typologies in the pre-1916, 1916-1961, 1961-2010, and 2010-present periods respectively, in order to reveal the relationship between public policies and urban morphology in a broader sense and also provide references for policy making in future.

• Journal of Sport and Applied Science
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• v.5 no.2
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• pp.31-38
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• 2021

Purpose: A new form of sports human rights platform is needed for policy-related officials, athletes, leaders, and parents to easily share information on sports human rights and to promote communication between the sports community and the outside. Research design, data, and methodology: Participants were collected from athletes (n=3,007) who were registered in Korean Sport & Olympic Committee. Participants were asked to respond the survey items measuring their experiences of human right violations in sport. Descriptive analysis, t-test, and ANOVA were used to analyze data. Results: The platform should include information on prevention and safety of human rights violations during sports activities, procedures and methods for reporting damage, countermeasures, leader education programs, human rights protection guidelines, roles and supervision of sports organizations and institutions, and related statues. It can form a community as well as exchange information in the Internet space through the operation of bulletin boards by professional athletes, student athletes, parents, and leaders, and plays a role in crisis counseling or information provision. Given the reality that players can be blocked from the outside world, information communication channels on SNS can be a useful means of protecting and improving players' human rights. Conclusions: Therefore, it is necessary to provide a foundation for creating related platforms so that sports human rights sites or SNS can be operated voluntarily. Implications and future directions were discussed.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.487-499
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• 2015

Objective: The purpose of this study was to analyze the trend of ergonomics field in overall intellectual property rights in Korea, and suggest the direction for the future development. Background: Many ergonomists are trying to pursue optimal human well-being and safety, and create more convenient designs for human use. For these reasons, intellectual property rights may be used to protect the legitimate rights of originative and innovative ergonomic designs. Method: Intellectual property rights were reviewed by using Korea Intellectual Property Rights Information Service (KIPRIS), and then were classified and analyzed according to three intellectual property rights (patent, utility model, design), International Patent Classification (IPC) and ergonomics application areas. Results: The total number of intellectual property rights registered in the ergonomics field in terms of three intellectual property rights (patent, utility model, design) showed 48,814 which occupied 5.97% of the total registered Korea's intellectual property rights. Within three intellectual property rights, patent (87%) was recorded overwhelmingly higher than utility model (9%) and design (4%). Conclusion: The current trend of patent, utility model and design in the ergonomics field in Korea tend to increase over time. It is suggested based on the analysis in this study that continuing research and development should be focused on electricity section in accordance with the global trend. Application: The results of this study can direct the ergonomists to the areas of intellectual property rights in the ergonomics field that should focus on the research and development in terms of three intellectual property rights, IPC and ergonomics application areas.

• Journal of the Korea Convergence Society
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• v.8 no.11
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• pp.447-460
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• 2017

This study aims to review the implementation level of the Children's Participation Rights by analyzing the trend of researches as to the Children's Participation Rights, and to suggest implications for future researches and practices. To this end, twenty-seven articles that had been published in Korean journals during the period from the conclusion of the Convention of the Rights of the Children in 1989 to May 2017 were analyzed. The result of this analysis indicated that the concept of the Children's Participation Rights in the researchers' perspective was more expansive than the Convention of the Rights of the Children, and the context in which the Children's Participation Rights were exercised was important, Based on the analysis, this study proposed the following; first, it is necessary to study the implementation process of participation rights in various contexts, second, more emphasis needs to be placed on the right of participation in everyday life, and third,, a process to coordinate various opinions between children and adults should be included in designing the children's rights education.

• Korean Journal of Social Welfare
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• v.44
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• pp.262-287
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• 2001

The purpose of this study is to monitor the implementation of UN Convention on the Rights of the Children (CRC) and to find out new directions for the promotion on the children's rights in Korea. Based on the module of International Save the Children Alliance (1993) about the children's rights and the Indicators of Korean Children's Wellbeing (Korean Council for Children's Rights, 1999), the revised Korean child welfare law (2000) as a related domestic law has compared with the 54 articles of CRC (1989). The results of this study are analyzed as follows: The Korean child welfare law has only 2 articles on the civil and political rights of the children in special need and neglects the economic, social and cultural rights of the general children at home. In consequence the Korean law has few survival rights of the general children for securing their adequate living standards and supplementing their parents' role. And it limits only to the development rights of the children in special need, therefore, it neglects the genera: children's rights to information, play and leisure, cultural activities. Above all, it has only 2 articles on the participation rights of the children in special circumstances. On the other hand, based on the indicators of Korean Children's Wellbeing, the collected data say that the budget for the child welfare is only 1.12% of the total budget of the ministry of the health and welfare and its 96.28% is for the children in substitutional care. Based on the results, implications for practice and future research are discussed, and new directions for the promotion of the children's rights are also suggested.

• Informatization Policy
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• v.18 no.1
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• pp.3-23
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• 2011

With the advent of the information era, the need to protect private information has increased rapidly. Theoretical answers to this problem in jurisprudence has been pursued in various ways over the last two decades. The purpose of this study is to find the types of human rights to information and provide directions for future studies by analyzing existing research materials. About 200 materials, including theses and dissertations produced from 1988 to the present have been collected and analysed. Lessons and implications for this study for the systematization of information rights are presented. I hope this study will contribute to future studies about information rights in jurisprudence.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.31-53
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• 2022

This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

• International Commerce and Information Review
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• v.6 no.1
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• pp.249-265
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• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• Journal of Korean Library and Information Science Society
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• v.33 no.3
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• pp.1-40
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• 2002

All libraries are forums for information and ideas. Therefore, libraries must have systematic devices through which library users can make use of library materials freely. The systematic devices usually have the form of Library Bill of Rights. The aim of this study is to offer basic data in case our country adopt Library Bill of Rights in the near future. In this thesis, the significance of Library Bill of Rights was investigated and the common components were drawn from the analysis of the changing processes and contents of Library Bill of Rights in the USA and Japan. In the USA and Japan, the Library Association an official institution adopted Library Bill of Rights and established permanent departments to keep and develop Library Bill of Right as well as to solve the problems such as infringement of freedom of library. The common components of Library Bill of Rights are as follows: freedom to collect materials, freedom to provide materials, right to refuse censorship, cooperation with the persons ind groups concerned, a person's rights to use a library, fair use of the library facilities, and protection users' privacy.