• Title/Summary/Keyword: Infringement of Right

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Legal Issues In Information Management (정보관리와 관련된 법적문제)

  • Lee Soon Ja
    • Journal of the Korean Society for Library and Information Science
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    • v.19
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    • pp.23-61
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    • 1990
  • Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

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A Study on the Optimal Distance and Heating Energy with relation to Site Planning of Apartment Building (아파트 배치형태에 따른 적정 인동거리와 난방에너지에 대한 연구)

  • Jung, Doo-Woon;Choi, Chang-Ho;Lee, Hyun-Woo
    • Journal of the Korean Solar Energy Society
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    • v.23 no.4
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    • pp.97-107
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    • 2003
  • Recently, the apartment building has been constructed in large quantities to provide housings due to the gravitation of population towards large cities. However, we're faced with a critical problem of deterioration of our dwelling environment caused by the trend toward high-rise apartment which could be an obstruction in obtaining sufficient sunlight. Therefore, there have been several legislative actions against infringement on the right of sunshine. In the building law, sunshine hours and the minimal separated distance between apartments are regulated as the criteria for the site planning, However, the minimal separated distance was defined without consideration of the parameters like building orientation and thermal effect of the sunshine hours in the site planning for the apartment building. In this study, the sunshine hours and heating energy during the underheated season for various arrangements in site planning are carefully considered and analyzed.

Study on the Development of Smart Charger Design for Strengthening Technology of Small and Medium Technology (중소기업 기술 강화를 위한 스마트 충전기 디자인개발에 관한 연구)

  • Yoon, Myung-Han
    • The Journal of the Korea Contents Association
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    • v.18 no.6
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    • pp.102-112
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    • 2018
  • This study, energy saving technology development is desperately needed and the energy efficiency through improved environmental impact by minimizing economic raw materials and subsidiary materials can lead to reductions in local Small Business at the heart of the new technology in the background, product design and development. That's about technology, strengthen and broaden the design patent right infringement of its competitors by gaining a global corporate foundation of development research. In order for companies to develop diagnostic analysis and key technology analysis and evaluation of progress on the scope of rights through the development of new technologies to diagnose and design rights and the extent and design rights infringement and design development since the company's growth analysis. Integration of the design development and the core technologies of the company will be the core of national industrial competitiveness of small businesses and by securing and creating the knowledge-based rights, fusion link that can grow into compatibility business is much more need in a difficult economy.

Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

A Study on the Exclusion of the Seller's Liability for Defects in Title (국제물품매매계약에서 매도인의 권리적합의무 면제에 관한 연구)

  • MIN, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.23-43
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    • 2016
  • This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

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A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

An analysis on the possession and infringement of copyright on the contents-related contest exhibit (콘텐츠 관련 공모전의 저작권 소유와 저작권 침해 분석)

  • Park, Keong-Cheol;Jung, Sun-Mee
    • Cartoon and Animation Studies
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    • s.29
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    • pp.243-266
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    • 2012
  • As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

A Study on the Factors Influencing Student Athletes' Human Rights Abuse Experience -Focusing on the analysis of environment in team, human right in event and human right in sports using logistic regression (학생선수의 인권침해 경험에 영향을 미치는 요인에 관한 연구 -로지스틱 회귀분석을 이용한 팀 분위기, 소속종목 인권의식, 체육계 인권의식에 대한 분석을 중심으로-)

  • Lee, Youn-Young;Lee, Je-Hun
    • Journal of the Korea Convergence Society
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    • v.13 no.5
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    • pp.295-305
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    • 2022
  • This study aimed to present a realistic policy direction to reduce human rights violations by analyzing the mechanisms of its factors affecting the experience of human rights violations for middle and high school student athletes. The method analyzed the response data of 13,205 student athletes through a structured questionnaire using logistic regression analysis. The independent variable consisted of sexual violence, sexual shame, physical violence, verbal violence, bullying, invasion of privacy and learning rights, and unfair leaders' actions related to exercise. As a result of the analysis, first, the team atmosphere, human rights consciousness in their sports and in the sports field were found to have a significant influence on physical and language violence, bullying, privacy and infringement of learning rights. Second, for the experience of sexual violence, the team atmosphere and the level of awareness of human rights violations in the sports community had a significant effect, but the permission of violence in the sports community and human rights consciousness in their sports did not appear as meaningful variables. Third, it was found that the unfair experience related to exercise had a significant effect on the team atmosphere, the overall level of violence in the sports community, and the its awareness of human rights violations in the sports community.

A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.217-260
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    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

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Freedom of Library and the Library Bill of Rights (도서관의 자유와 권리선언에 관한 연구)

  • 변우열
    • 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.

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