• Title/Summary/Keyword: Government Property

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A Legislative Study on Cultural HeritageBetween 1945 and 1960 - Focused on the Cultural Heritage Protection Act Legislated in 1962 - (1945~1960년 문화재 관련 입법 과정 고찰 - 1962년 문화재보호법 전사(前史) 관련 -)

  • Kim, Jongsoo
    • Korean Journal of Heritage: History & Science
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    • v.52 no.4
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    • pp.78-103
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    • 2019
  • The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

TOPOLOGICAL ERGODIC SHADOWING AND TOPOLOGICAL PSEUDO-ORBITAL SPECIFICATION OF IFS ON UNIFORM SPACES

  • Thiyam Thadoi Devi;Khundrakpam Binod Mangang;Lalhmangaihzuala
    • Nonlinear Functional Analysis and Applications
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    • v.28 no.4
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    • pp.929-942
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    • 2023
  • In this paper, we discuss topological ergodic shadowing property and topological pseudo-orbital specification property of iterated function systems(IFS) on uniform spaces. We show that an IFS on a sequentially compact uniform space with topological ergodic shadowing property has topological shadowing property. We define the notion of topological pseudo-orbital specification property and investigate its relation to topological ergodic shadowing property. We find that a topologically mixing IFS on a compact and sequentially compact uniform space with topological shadowing property has topological pseudo-orbital specification property and thus has topological ergodic shadowing property.

The Research for the New Institutional Analysis in Change of the Separation of the Dispensing of Drugs : On the focus of Rational Choice Institutionalism (의약분업 정책변동의 신제도론적 분석 : 합리적 선택 신제도주의를 중심으로)

  • Park, Min-Jeong
    • Health Policy and Management
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    • v.17 no.4
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    • pp.1-30
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    • 2007
  • This study aims to analyze the policy change which is caused by conflicts between interest groups when the Separation of the Prescribing from the Dispensing of Drugs (SPDD) was enforced. With the theory of New Institutionalism, the reason why the policy was to be changed can be explained by the concept of property right and transaction cost. As the government did not consider the change of property right and transaction cost between actors before introducing new institution, it was hard to adapt the SPDD. Though, under the established institution, the institutional change can cause the alteration in property right and transaction cost, government just focused on the new institution's execution. Therefore, the group which suffers the loss could not accommodate to the change of institution. For this reason, the adaptation of SPDD also caused huge conflicts between doctors and pharmacists. Then, this research shows that the reason why they conflict to the some issues in the content of PSPDD and why the issues was changed with the property right and transaction cost.

Arbitrability of Patent Disputes in Korea: Focusing on Comparisons with U.S. legislation and case

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.31 no.3
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    • pp.69-89
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    • 2021
  • General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

Protection of Intellectual Property Rights and Subsidy Policy for Foreign Direct Investment

  • Kang, Moonsung
    • East Asian Economic Review
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    • v.16 no.2
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    • pp.139-154
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    • 2012
  • This paper provides a theoretical setup for an analysis of strategic relationships inherent to activities of an innovative multinational enterprise (MNE) and a local company in a host country. Additionally, we explore the incentives of the host country's government to provide subsidies to attract foreign direct investment (FDI) and to protect outcomes of R&D activities conducted by the MNE. We show that the MNE's commercial interests may collide with local companies' over protection of IPRs. Therefore, the extent of knowledge spillovers from the MNE to the local company and the magnitude of incentives to the MNE perform a crucial function in determining the optimal policy mix of IPR protection and FDI subsidies of the host country's government.

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A Strategic Study on National Disaster Medical System (국가재난의료체계에 대한 정책적 고찰)

  • Baek, Hong-Sok
    • The Korean Journal of Emergency Medical Services
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    • v.7 no.1
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    • pp.235-246
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    • 2003
  • Due to major disasters Korea has been damaged, and they caused lots of casualties: for last ten years natural disasters caused 1288 deaths including missing people; human disasters including industrial disasters brought as many as 4,512.148 casual ties (126,372 deaths with 4,385,400 injuries); and they cost 44.1 trillion property damage. However, even though major disasters have brought about tremendous human loss and property damage, Koreas National Disaster Medical System to rescue casualties is insufficient, and it has not been activated. Fortunately, through major disaster management process, the National Disaster Management System has been developed, increasing its own efficiency, and resulting in to organize an Office of Firefighting and Prevention of Disasters under the central government. Considering the value of human lives, the disaster medical part, in the U.S.A. as well as in Korea, must have an independent organization in the government, not as one sector of the government department. It will have its own organizational structure, such as disaster planning, operation, and logistics, and interact with central and local government or between local government agencies. So each agency will cooperate and supply resources interchangeably. Also, with the system of disaster management and restoration, the disaster medical system must be advanced in keeping step. Its role must be extended due to the possibility of biological terror or SARS around the world, resulting in severe casualties. Korea has the Emergency Medical Service System based on the regulation of emergency medical care, yet it is a part of the National Disaster Management System. It must be managed independently apart from it. As we see the emergency medical technicians playing as the backbone in disaster medical care in the US, we should have legal foundations for Koreas emergency medical technicians, emergency medical providers, to participate in rescue operation actively. At the same time, we need to have a national register system to classify disaster medical resources, and a total plan to place resources according to the impact of disaster, and how to organize teams. We also need to draw up a scheme to activate civil disaster medical resources, as integrating public and private or voluntary organizations.

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Conservation of Rivers and National Reimbursement Responsibility (하천관리와 국가배상책임)

  • Kim, Dong-Bok
    • Proceedings of the Korea Contents Association Conference
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    • 2006.05a
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    • pp.322-326
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    • 2006
  • There are the road of the artificial government property and rivers of the natural government property in representative Public Facilities applied National Reimbursement Law. Art.5. Doctrine on Responsibility of Public Facilities. Recently damage of a people has frequently been occurring caused by the flood of rivers and the flood disaster, and a people tends to request national reimbursement regarded it not as a natural disaster but as a man-made disaster. Especially the flood repeatedly occurred by the flood of rivers and destructive of the embankment of rivers, and it is also occurring in repairing rivers. Therefore a nation have to take responsibility of compensation for damage because of defect of conservation of rivers, and pay attention to improving the facilities of conservation and at the same time expand the range of responsibility. Thus the range of this study limits the national reimbursement of conservation of rivers among National Reimbursement Law. Art.5. Compensation for Damages on Defect about an Establishment and Management of public Facilities. Within this range, the objection of this study is to seek controversial issues and solutions, which belong with national reimbursement responsibility about conservation of rivers, as every principle of law and precedent coming under natural government property about compensation for damages caused by defect of conservation of rivers is analyzed and examined.

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Comprehensive Measures in Real Estate Policy for Housing Market Stabilization (주택시장 안정화를 위한 부동산정책 방향)

  • Lee sun
    • Journal of the Korean Professional Engineers Association
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    • v.38 no.4
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    • pp.7-9
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    • 2005
  • The recent speculation fever in Kangnam and its southern vicnity of Seoul resulted in surging apartment prices. The government is determined to employ more effective anti-speculation policy measures to control the property speculative demand. The Government plans to implement support measures to discourage people from owning multiple homes by reinforcing tax measures. To meet the increasing demand for more large-sized apartments in Seoul, the Government may allow to build more large sized units. By the end of August, 'a comprehensive package tool of real estate policy measures' ,as a real estate controlling guidelines, is scheduled to be presented by the Government. We hope that the package tool will stabilize housing market more effectively and enhance the national economy.

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