• Title/Summary/Keyword: Infringement of rights

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Analysis Method of the Damages to Rights of Light due to the Construction of the Bridge in Rural Areas (농촌지역에서 교량건설에 따른 일조 피해 분석 방법)

  • Lim, Jae-Han;Lee, Ji-Young;Jung, Jin-Ju
    • Journal of the Korean Institute of Rural Architecture
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    • v.10 no.1
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    • pp.67-74
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    • 2008
  • Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.

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A Study on the Type of Attitude toward the Sexual Violence (성폭력에 대한 태도 유형)

  • Nam, Soon-Yeul;Yoo, Eun-Kwang;Park, Kyung-Eun
    • Women's Health Nursing
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    • v.6 no.1
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    • pp.5-17
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    • 2000
  • The purpose of this study is to identify the type of attitude toward the sexual violence and to analyze the structure of subjectivity about the sexual violence. Q-methodological method was used. The Q concourse for this study was formed through literature review, open question and in-depth interview, 171 Q statements were obtained and finally 33 statements were selected. The subjects for Q classifications were 20 persons. The Quanl PC program was used for analysis. The results of the study were as follows : The first type, blaming offenders consisted of 10 subjects has the recognition that victims must not be blamed ; offenders are responsible for any circumstances ; and sexual violence is an infringement of human rights. the second type, blaming victims consisted of 3 subjects has the recognition that victims carelessness is causal factor of sexual violence. They recognized the sexual violence as an identical concept with sexual intercourse. The third type, blaming social moral consisted of 7 subjects has the recognition that the collapse of social ethics and moral gives rise to sexual violence. They recognized the sexual violence as both sexual intercourse and the infringement of human rights. In conclusion, the result leads to understand the type of attitude toward sexual violence in Korean sociocultural reality. Consequently, the results will be conductive to provide guidelines for nursing intervention and education program for preventing sexual violence.

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Constitutional Legitimacy of the Maritime Cadet Training System : Justifiable Restrictions on the Cadet's Fundamental Rights at the College of Maritime Science of the KMOU (해사대학 승선생활교육의 헌법상 기본권제한에 관한 연구 - 한국해양대학교 해사대학을 중심으로 -)

  • Lee, Sang-Il;Yoo, Jin-Ho;Choi, Jung-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.5
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    • pp.430-443
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    • 2016
  • This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

Evaluation Methodology of Solar Rights Using Autodesk VIZ for Apartment Buildings (Autodesk VIZ를 이용한 공동주택의 일조권평가방법에 관한 연구)

  • Moon, Ki Hoon;Kim, Jeong Tai
    • KIEAE Journal
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    • v.6 no.3
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    • pp.35-42
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    • 2006
  • The apartment buildings now covers more than 50% of the total residential types in Korea and the urban residential area becomes increasingly congested with newly constructed high-rise apartment buildings. Judicial precedents require, for securing the solar rights in the residential area, that the consecutive sunshine duration should be at least two hours from 9:00 to 15:00 or the accumulative sunshine duration should be at least four hours from 8:00 to 16:00 as of the winter solstice. Disputes are increasing, however, on infringed solar rights and view rights for the neighboring structures as cases occur where the requirement cannot be satisfied in congested residential areas. The sunshine duration scan be assessed by measuring it on the site of the dispute, but it is impracticable to actually measure it for every case on the winter solstice, only one day out of the whole year. At a trial, therefore, 3D computer simulation is used to calculate the sunshine duration and determine the extent of infringement for submission of the evaluation to be used as the basis of the judgment. The simulation, however, may have an error in its result up to the program characteristics and the accuracy of the input data such as the structure shape and height, the distance between structures, and the ground level. This study, therefore, used a self-developed VIEW program with Autodesk VIZ 2006 to provide a simulation method for solar access evaluation, and verified its efficacy by comparing the results with the actual measurements.

Evolution of Internet Trademark Infringement in the U.S. (미국 인터넷상표권 침해관련 법률의 변화에 관한 연구)

  • Kang, Joon Mo
    • Journal of Digital Convergence
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    • v.12 no.10
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    • pp.61-71
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    • 2014
  • Global commerce is apparently here to bind Korean firms as well as Koreans. The advertising, buying and selling of goods and services recognizes no borders. As a result, enforcing territorially based trademark rights has become ever more challenging. Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on web-sites and in domain names. U.S. federal courts have been willing to help American businesses halt trademark infringements that reaches outside the United States. This is particularly true for e-business, via the internet, and the trend toward enforcement seems to be in favor of the trademark owner. This article discusses this trend as well as the extraterritorial enforcement of trademark rights by U.S. courts under the Lanham Act. It also offers suggestions for protecting valuable trademark rights worldwide. This paper will contribute to global Korean firms and Koreans who carefully read arguments in this valuable literature.

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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Development of a Measurement of Stress for Hospitalized Schizophrenic Patient (조현병 환자의 입원 스트레스 측정도구 개발)

  • Park, Sun Ah;Sung, Kyung Mi
    • Journal of Korean Academy of Nursing
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    • v.44 no.3
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    • pp.339-349
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    • 2014
  • Purpose: This study was done to develop a measurement for stress experienced by patients with schizophrenia during hospitalization. Methods: The preliminary tool was developed through in-depth interviews and a validity verification test of content. For data collection, 15 inpatients with schizophrenia were selected as participants for in-depth interviews and 195 patients admitted to one of eight psychiatric hospitals in four provinces were recruited as participants to test reliability and validity of the preliminary tool. Results: The questionnaire was developed as a four-point Likert-type scale in a self-report form with 28 items. Factor analysis showed 28 items in six factors. Factors were named 'Unjust human rights infringement', 'Futureless life', 'Alienation from other family members', 'Infringement of basic needs', 'Infringement of personal preference' and 'Inconvenience of shared living'. The six factors explained 63.5% of the total variance. Cronbach's alpha for the total items was .93 and for the factors ranged from .65 to .87. Conclusion: A tool to measure stress in patients hospitalized with schizophrenic was developed based on identified hospitalization stress experiences. Study results indicate that this tool can be used to evaluate hospitalization stress in these patients and will contribute to establishing nursing interventions for relief of hospitalization stress.

Classification of NFT Security Issues and Threats through Case Analysis

  • Mi-Na, Shim
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.23-32
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    • 2023
  • Since NFTs can be used like certificates due to the nature of blockchain, their use in various digital asset trading markets is expanding. This is because NFTs are expected to be actively used as a core technology of the metaverse virtual economy as non-transferable NFTs are developed. However, concerns about NFT security threats are also growing. Therefore, the purpose of this study is to investigate and analyze NFT-related infringement cases and to clearly understand the current security status and risks. As a research method, we determined NFT security areas based on previous studies and analyzed infringement cases and threat types for each area. The analysis results were systematically mapped in the form of domain, case, and threat, and the meaning of the comprehensive results was presented. As a result of the research, we want to help researchers clearly understand the current state of NFT security and seek the right research direction.

The Regulations by Criminal Law against any Testifier's Untrue Statement in the Investigation Procedures (수사절차에서 참고인의 허위진술에 대한 형사법적 규제방안)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.4
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    • pp.167-172
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    • 2012
  • There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

A Study on the Protection of Intellectual Property Rights of Contents upon Internet (인터넷상에서 콘텐츠의 지적재산권 보호에 관한 연구)

  • 장병윤
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.373-418
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    • 2003
  • This is to study intellectual property(IP) protection of contents which is related with transactions upon internet network. Issues of electronic transaction and infringement cases were studied and analyzed for intellectual property protection. Upon those study, utilization and activation of contents, dispute settlement and method of IP protection were suggested. To achieve this study purpose, it consists of 5 chapters. In chapter 1 introduction, it's mentioned purpose, scope, and method of this study. In chapter 2, outline of contents and e-Commerce, and subject of IP protection upon internet were studied. In chapter 3, issues and dispute factors of IP were discussed and infringement cases were analyzed. It found out that infringements would be variety and complex due to technology rapidly changes. In chapter 4, IP protection plan and responsibility of webmaster were studied and emphasized to protect IP upon Internet. Also, protection against infringement and method of dispute resolution were studied and suggested the method. In this study, the protection plan was suggested because IP protection of contents in internet would be many cases upon internet technology. It found out that technology was important for business expansion of contents, e-Commerce and IP protection, and to enact a law related with IP. In chapter 5 conclusion, this study was summarized and further research was suggested. This study results are 1. IP related laws had better enact or revise to meet internet technology changes for IP protection timely, 2. local laws are to change and develop to harmony with international norm and trends, 3. consolidation of IP related laws for unification of IP statement should be incurred to avoid unnecessary energy of legislation and not to create dispute matters. That's also for customer satisfaction. In conclusion, not to incur ADR and for IP protection of contents, IP related laws would be promptly made or revised, according to technology change trends and for international harmony, That's for internet related industry development and customer satisfaction.

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