• Journal of Arbitration Studies
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• v.16 no.1
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• pp.343-373
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• 2006

지적재산권의 속지주의 원칙에 따라 전통적으로 지적재산권의 침해에 있어서 결과의 발생이 없는 행위지를 침해지로 인정하지 않았다. 어문과 예술작품을 보호하기 위해 1886년 체결된 베른협약(Berne Convention for the Protection of Literary and Artistic Works) 제5조 제1항은 저작자가 베른협약에 따라 보호되는 저작물에 관하여 본국 이외의 동맹국에서 각 법률이 현재 또는 장래에 자국민에게 부여하는 권리 및 이 협약이 특별히 부여하는 권리를 향유한다고 규정하여 내국민대우원칙을 천명하고 있다. 또한 베른협약 제5조 제2항은 저작권의 보호와 향유는 저작물의 본국에서 보호가 존재하는 여부와 관계가 없이, 보호의 범위와 저작자의 권리를 보호하기 위하여 주어지는 구제의 방법은 오로지 보호가 주장되는 국가의 법률의 지배를 받는다라고 규정하여 저작권 침해가 발행한 국가의 법률의 적용을 명시하고 있다. 인터넷과 무선통신 기술의 발달은 저작물을 디지탈 형식으로 실시간에 전세계에 배포하는 것을 가능하게 하였다. 특히 저작물의 인터넷상에서의 배포는 다국적 저작권 침해행위를 야기하여, 저작권자가 다수의 국가에서 저작권 침해소송을 제기하여 판결을 집행하는 것이 필요하게 되었다. 헤이그국제사법회의(Hague Conference on Private International Law)에서 1992년부터 논의되어 온 민사 및 상사사건의 국제재판관할과 외국판결에 관한 협약(Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters)에서 채택된1999년의 예비초안(preliminary draft) 및 2001년 외교회의에서 수정된 잠정초안(Interim text) (이하 헤이그 협약 )은 저작권자가 저작권침해행위가 발생한 각 국가에서 저작권 침해행위를 금지하는 소송을 제기할 필요없이, 동 협약의 한 가맹국가의 법원의 저작권침해금지판결을 다른 가맹국가에서도 집행할 수 있는 가능성을 제시해 주는데 의미가 있다. 헤이그 협약 제10조는 불법행위(torts)에 관한 일반적인 재판관할에 관한 규정을 두고 있으며, 저작권침해에 관한 분쟁은 동 조항의 적용을 받는다. 제10조에 의해 당사자는 가해행위지 국가의 법원 또는 결과발생지 국가의 법원에서 소송을 제기할 수 있다. 결과발생지의 경우 제10조 1항 (b)는 피고가 자신의 행위가 본국의 법규에 비추어 동일한 성격의 손해를 초래할 수 있다라고 합리적으로 예견할 수 없었던 경우에 본 조항의 적용을 배제하고 있다. 인터넷을 통한 저작권침해의 경우, 피고가 자신의 국가의 법규하에서 합법적으로 저작물을 웹사이트에 게시하였으나, 그 행위가 다운로딩이 행해진 국가에서 불법인 경우, 피고는 저작권침해를 예견할 수 없었으므로 이에 문제가 제기된다. iCrave TV사건에서, 피고인 캐나다회사가 미국 및 캐나다에서 방송되는 텔레비젼 방송 프로그램을 자신의 웹사이트에 게시하여 이용자들로 하여금 컴퓨터를 통하여 방송을 재시청 할 수 있도록 하였는데 이는 캐나다에서 합법인 반면에 미국에서는 저작권 침해에 해당한다. 피고는 방송 프로그램을 인터넷상에서 재방송하는 것은 캐나다법상 합법이므로 저작권침해를 예견할 수 없었다고 주장하면서, 해당 사이트에 오직 캐나다 거주자만의 접속을 허용하고 미국 거주자의 접속을 제한하는 일련의 Click-Wrap 계약과 스크린 장치를 제공하였다고 주장하였다. 본 사건 피고의 주장을 받아들인다고 가정할 때, 제10조 1항(b)에 의해 원고는 결과발생지인 미국법원의 재판관할을 강제할 수 없을 것이다. 지적재산권을 둘러싼 분쟁에 관한 재판관할과 국제법상의 판결의 승인 및 집행의 통일성을 기하기 위하여 2001년 1월 세계지적재산권기구(World Intellectual Property Organization)가 제안한 WIPO 협약초안(Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters)은 헤이그 협약이 재판관할과 판결의 승인 및 집행에 대한 일반적인 접근을 하고 있는 점에 반하여 지적재산권자의 보호라는 측면을 고려하여 지적재산권침해소송에 국제재판관할권을 규정하고 있다. WIPO 협약초안 제6조는 저작권자가 저작권 침해를 막기 위한 합리적인 조치를 취한 국가에서 저작권 침해소송을 피할 수 있다고 규정하고 있다. 따라서 본 조항에 의할 경우, iCrave TV사건의 피고는 미국에서의 저작권 침해소송을 회피할 수 있을 것이다. 이상과 같이 헤이그 협약이 외국판결의 승인 및 집행을 가능하게 하고 있음에도 불구하고, 외국법원의 판결이 다수의 가맹국가에서 집행되지 못하는 가장 큰 장애는 대다수의 국가들이 외국법원의 판결이 공서양속(Public Policy)에 반하는 경우 판결을 승인하지 않는 예외규정을 두고 있기 때문이다. 미국의 경우, Uniform Recognition Act와 Restatement(Third) of Foreign Relations에 따른 공서양속의 예외규정(Public Policy exception)은 외국법원의 판결의 승인을 부인하는 근거가 된다. Yahoo! 사건에서 Yahoo! Inc.의 옥션 사이트를 통해 독일 나치 소장물의 판매가 이루어졌는데, 프랑스 형법상 이는 범죄행위에 해당하므로, 프랑스 법원은Yahoo! Inc.에게 프랑스 이용자가 당해 옥션 사이트에 접속할 수 없도록 모든 가능한 조치를 취할 것을 명하였다. 이에 미국 법원은 프랑스 법원의 판결은 Yahoo! Inc.의 미국헌법 제1 수정(First Amendment)의 언론의 자유(freedom of speech)에 반하므로 판결의 집행을 거부하였는데 이는 공서양속의 예외규정을 보여주는 예이다. 헤이그 협약 제28조와 WIPO 협약초안 제25조 또한 공서양속의 예외규정을 두고 있다. 본 논문은 인터넷과 통신기술의 발달로 야기되는 다국적 저작권 침해사건에서 한 국가의 법원의 저작권 침해금지판결이 다수의 국가에서 승인 및 집행될 수 있는 능성을 헤이그 협약과 WIPO 협약초안 및 미국판결을 중심으로 살펴보았다. 국제적으로 통일된 저작권법이 존재하지 않고 외국 판결의 승인을 부인하는 예외조항과 외국판결의 집행에 관한 각국의 이해관계와 준거법의 해석이 다른 현시점에서 지적재산권의 속지주의를 뛰어넘어 외국법원의 판결을 국제적으로 집행하는 것은 다소 어려움이 있어 보이나 국제적인 집행가능성의 열쇠를 제시하는 헤이그 협약과 장래의 국제조약에 그 기대를 걸어볼 수 있겠다.

• KDI Journal of Economic Policy
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• v.12 no.3
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• pp.153-172
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• 1990

The present paper investigates the potential value of strategic antitrust policy in an oligopolistic international market. The market is characterized by a non-cooperative Cournot-Nash equilibrium and by asymmetry in costs among firms in the world market. The model is useful for two reasons. First, it is important in the context of policy-making to examine the conditions under which it may be beneficial to relax antitrust law to enhance competitiveness. Second, the explicit derivation of the level of cost-saving required for a gain in total domestic surplus provides an empirical rule for excluding industries that do not satisfy the requirements for a socially beneficial antitrust exemption. Results of the analysis include a criterion that tells how the cost-saving and concentration effects of a merger offset each other. The criterion is derived from fairly general assumptions on demand functions and is simple enough to be applied as a part of the merger guidelines. Another interesting policy implication of our analysis is that promoting mergers would not be a beneficial strategy in a net importing industry where cost-saving opportunities are thin. Cost-saving domestic mergers are more likely to increase national welfare in exporting industries. The best candidate industries for application of strategic antitrust policy are those with the following characteristics: (i) a large potential for efficiency enhancement; (ii) high market concentration at the world but not the domestic level; (iii) a high ratio of exports to imports. Recently, many policymakers and economists in Korea have also come to believe that the appropriate antitrust policy in an era of increased foreign competition may actually be to encourage rather than to prohibit domestic mergers. The Industry Development Act of 1986 and the proposed bill for Mergers and Conversions in the Financial Industry of 1990 reflect this changing perspective on antitrust policy. Antitrust laws may burden domestic firms in the sense that they have a more constrained strategy set. Expenditures to avoid antitrust attacks could also increase costs for domestic firms. But there is no clear evidence that the impact of antitrust policy is significant enough to harm the competitiveness of domestic firms. As a matter of fact, it is necessary for domestic financial institutions to become large in scale in this era of globalization. However, the absence of empirical evidence for efficiency enhancement from mergers suggests caution in the relaxation of antitrust standards.

• Cartoon and Animation Studies
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• s.44
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• pp.333-361
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• 2016

In general, content business companies include animation industry can have benefits, which they have higher incomes when they obtain wider markets. Therefore, they pursue to have diverse windows for content distribution or to reach the foreign markets for dealing their content products with potential customers. It have the greatest value. They can re-invest the incomes to produce their new products, and they can enhance the international competitiveness of their next products. As the results, the companies can have more incomes and wider markets in next business, and it will be the effectiveness of the good cycle of the animation industry. Animation industry has being undergone of its structure changes, more economical chances and viewers' attitudes changes through the all over the industry because of the acceptance of new digital technology. To response the changes or have the new chances from the changes, they should to review the existing system and the law concerned with the animation business as well as having the diverse new plans for supporting the industry like a construction of the online marketplace of Korean animation. It would make the Korean animation companies to meet foreign customers easily by making lower the entrance barrier of the foreign markets. Current Korean government needs to estimate the value of the Korean animation accurately and objectively by concerning its surroundings to support efficiently. However, it is very difficult to estimate the value of the content rightly because of its' intangible and subjective matter. For this, they should analyze the all the data of the information of the Korean animation content by accumulate, open to the public and manage. So if the government makes online marketplace for the Korean animation, which all the Korean animation companies get in, it would be a solution of estimating the value of the Korean animation rightly. In addition, it will be used as the role of archive of the government to lead the industry successfully. As a point of the small size of the Korean animation companies, they are government dependable because of its low budget, so they strongly expect the government to do the right role as the unique knowledge distributor. Therefore, the Korean animation online marketplace would make not only big companies, but also small companies to have the chances to increase the value of their content in the global markets by themselves without economic burdens.

• Journal of Environmental Science International
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• v.16 no.4
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• pp.523-532
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• 2007

This study utilized the 1/25,000 topographic map of the upper area from the Geum-ho watermark located at the middle of Geum-ho river from the National Geographic Information Institute. For the analysis, first, the influence of the size of critical area to the hydro topographic factors was examined changing grid size to $10m{\times}10m,\;30m{\times}30m\;and\;50m{\times}50m$, and the critical area for the formation of a river to $0.01km^2{\sim}0.50km^2$. It is known from the examination result of watershed morphology according to the grid size that the smaller grid size, the better resolution and accuracy. And it is found, from the analysis result of the degree of the river according to the minimum critical area for each grid size, that the grid size does not affect on the degree of the river, and the number of rivers with 2nd and higher degree does not show remarkable difference while there is big difference in the number of 1st degree rivers. From the results above, it is thought that the critical area of $0.15km^2{\sim}0.20km^2$ is appropriate for formation of a river being irrelevant to the grid size in extraction of hydro topographic parameters that are used in the runoff analysis model using topographic maps. Therefore, the GIUH model applied analysis results by use of the river level difference law proposed in this study for the explanation on the outflow response-changing characters according to the decision of a critical value of a minimum level difference river, showed that, since an ogival occurrence time and an ogival flow volume are very significant in a flood occurrence in case of not undertow facilities, the researcher could obtain a good result for the forecast of river outflow when considering a convenient application of the model and an easy acquisition of data, so it's judged that this model is proper as an algorism for the decision of a critical value of a river basin.

• Korean Chemical Engineering Research
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• v.49 no.2
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• pp.187-194
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• 2011

In compliance with an international law about the ocean dumping of the sludge, the proper sewage treatment process which occurs from the wastewater treatment process has been becoming problem. Generally the sewage and the sludge are controlled from anaerobic condition when the sewage is treated and land filled, where the methane$(CH_{4})$ and the nitrous oxide $(N_{2}O)$ from this process are discharged. Because these gases have been known as one of the responsible gases for global warming, the wastewater treatment process is become known as emission sources of green house gases(GHG). This study is to suggest a new approach of estimate and environmental assessment of greenhouse gas emissions and sludge emissions from wastewater treatment processes. It was carried out by calculating the total amounts of GHG emitted from biological wastewater treatment process and the amount of the sludgegenerated from the processes. Four major biological wastewater treatment processes which are Anaerobic/Anoxic/Oxidation$(A_{2}O)$, Bardenpho, Virginia Initiative Plant(VIP), University of Cape Town(UCT)are used and GPS-X software is used to model four processes. Based on the modeling result of four processes, the amounts of GHG emissions and the sludge produced from each process are calculated by Intergovernmental Panel on Climate Change(IPCC) 2006 guideline report. GHG emissions for water as well as sludge treatment processes are calculated for environmental assessment has been done on the scenario of various sludge treatments, such as composting, incineration and reclamation and each scenario is compared by using a unified index of the economic and environmental assessment. It was found that Bardenpho process among these processes shows a best process that can emit minimum amount of GHG with lowest impact on environment and composting emits the minimum amount of GHG for sludge treatment.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Environmental and Resource Economics Review
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• v.14 no.2
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• pp.493-518
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• 2005

It has been taken for 10 years since Climate Change Convention could it be made. And Kyoto Protocol will come into force as an international law as from 16. Feb 2005. As based on it, Annex I countries will implement their mitigation projects on GHG reductions and press developing countries on GHG reduction target. Korea has not duty target on it yet. But it will be held a COP(Conference of Party) on negotiation for reduction target of second commitment period. If Korea has a real duty, Industry sector should reduce GHG emissions. Then Market mechanism will be need to introduce for this. This study started having a question "Is it possible to introduce emissions trading in Korea?". To solve the problem, this study analysed GHG emissions, marginal abatement cost, market price with 11 companies of industry (about 36% of Korea emissions). minus target is impossible to implement reduction target ver base year (2002). And emissions trading scheme also can't make the market without additional policy and measures. This study suggest that it is need to import credits and give a subsidy of government to encourage it. The imported credit can reduce the demand curve within the marginal abatement cost curves. But the effectiveness of credit is not the same as continually growth. As a result, Allowing 40% credit into emissions trading market is the best to reduce costs. However, a subsidy is the little bit difference. A subsidy make marginal abatement cost curves down for itself. Giving 30% for subsidy, it is the best. Considering both of importing credits and subsidy, it is the best effects in the reducing cost for company. especially 30% is the best effects respectively. This Study show that government wants to consider designing emissions trading, encourage participants competitiveness, and encourage the early action, government has to allow credit trading and give a subsidy to participants.

• The Korean Journal of Nuclear Medicine Technology
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• v.12 no.1
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• pp.91-98
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• 2008

Purpose: Radio-isotopes (RI) use has been steadily developing due to industrial and technical development in the modern medical society. Particularly, popularization of domestic cyclotrons dramatically enable hospitals to produce and use diagnostic radio-isotopes. Generally, only specific facilities such as hospitals, research institutes, nuclear power plants and universities can use radio-isotopes, they are also responsible for ventilation system. The strength of radioactivity in the air is strongly regulated and controlled by korea atomic energy law in Korea Institue of Nuclear Safety (KINS), so that air radioactivity exposure can lead to environmental pollution surrounding places. In this study, we'd like to find out the investigation and the present condition of the controlled ventilation system in domestic hospitals by an emission standard from KINS, and try to reach an agreement about how to use the ventilation system. Result: Definition of filters, features and structures of pre-filters, hepa-filters, charcol filters, filter exchange procedures and precautions are explained. RI deflation concentration and filter exchange cycle have been presented as a standard prescribed in the rules of KINS. The Radiation Control Management System (RCMS) introduced by Seoul National University Bundang Hospital linking to digital pressure gauge with computer controller in another medical facilities were described in details. Conclusions: The system of medical facilities using RI has been remarkably developing in 21 century. Especially, radiation safety control system has also been grown rapidly into the subdivision, specialization, advanced technology along with international technical improvement. However, As far as current RI ventilation system is concerned, it has nothing better than doing in the past. Preferentially, to reinforce this, more sophisticated system with strict periodic filter exchange and exhaust air control guidance should be introduced by applying brilliant domestic information technology for RCMS and digital gauge method. From personal point of view as a radiation safety manager, I have provide with present problems and improvements. Futhermore, more improved guidance should be conducted.

• Journal of Korean Society of Archives and Records Management
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• v.8 no.2
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• pp.39-60
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• 2008

This paper deals with the four aspects of the acquisition, construction and common use of modern and post-modern document DB in the NAK, NIKH, and AKS. First, The concept of Korean regional history includes provincial history, local history and regional history and as far as modern and post-modern history is concerned, the concept of regional history is on expansion. Second, National Archives of Korea has been systematically collecting and managing modern and post-modern regional history records in compliance to Public Institutes Records Management Law, enacted in 1999 and currently is in charge of handling public records of 373 central government administration offices, 514 regional government offices, Office of Education, universities and of other public agencies. National Institute of Korean History is working on a ten year project from 2004 to collect the scattered modern and post-modern regional history records and to classify them regionally and thematically. The Academy of Korean Studies has been collecting modern and post-modern regional history records and collection was initiated by Modern History Research. Those records that are collected from 1997 and 2005 are mainly from the liberation period. Third, characteristics of Central Archives Management System and Nara Records Portal System of NAK, Korean History Database System of NIKH and of The AKS' Korean Provincial Culture Electronic Encyclopedia are elaborated. Fourth, establishing 'Modern and Post-modern Regional History Records Council' as an affiliated organization of National Archives Management Committee is recommended, NAK leading the council and promoting further cooperation. In this section, an emphasis on allotted tasks of three institutes in order to achieve technology development for digitalized resource sharing, to improve on contents and to promote public and international use is placed as well.

• Journal of Gifted/Talented Education
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• v.18 no.3
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• pp.569-589
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• 2008

One of the main factors that affect the improvement of G/T education is the number and the level of quality of the professionals who are working for the gifted. The professionals vary depending on the role they play for the gifted from the classroom teacher, coordinator, to consultant. Since the legislation of the law for the enhancement of the gifted education in Korea, the in-service training for the classroom teacher has been expanded in number throughout the country. Nowadays, the gifted education is about to be expanded into the general school population, and it becomes more necessary that the training at the level of university graduate program be expanded beyond the short-term in-service training so far. In this vein, the number of universities in Korea that offer the staff development for the gifted education at the graduate level has been increased. However, the problem is whether those programs meet the need to produce the quality professionals. Based on this problem awareness, the study analyzed the graduate programs of 8 universities in Korea by comparing their course descriptions with the graduate-level training program standards of the United States and Europe. It was found that most of the universities fulfilled the areas that both standards commonly consider import, such as "concept and development of giftedness", "curriculum development for the gifted", "teaching methods for the gifted." However, the number of the offered subjects was different among the universities, which indicates that it is suspicious that the universities equally satisfy the areas both standards require. Furthermore, it was also found that the universities differ in satisfying the other standards, From these findings, several suggestions were made for the improvement of the university graduate programs in Korea.