• Title/Summary/Keyword: International cooperation and conflict

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The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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The Marine Tourism Co-Development of the South-North Korea and Policy Support Devices (남북한 공동 해양관광개발의 방향과 정책지원 방안)

  • Sin, Dong-Ju
    • Korean Business Review
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    • v.23 no.1
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    • pp.87-106
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    • 2010
  • North Korea is hoping get more international aids and cooperations with facing serious difficulties in the domestic economies, but it is expected to be hard to induce foreign direct investments due to the lots of existing negative factors in the credibility, profitability, bad images, and so on. On the other hand, in South Korea, the demands of the places and facilities for the leisure & tourism have been skyrocketed with the fast economic growth during the last three decades, especially in marine tourism As the Korea peninsula is surrounded with sea in three sides, North and South Korea must utilize these area qualitatively and quantitatively for advance of entire cooperation. The cooperation through sea has some restraint factors. They may occur unexpected conflict and need enormous infrastructure investment for the further cooperation. In the other side, it has some advantages such as, it can avoid direct contact between both people for North government. Even though inter-Korean relationship is facing temporary cooling time recently, The marine tourism co-development of the South-North Korea is a potential and important factor for enhancement of the reconciliation and cooperation. Furthermore, it can achieve unification of two Koreas. This study reviews many factors and suggests marine policy Support devices for The marine tourism co-development between South-North Korea.

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Russia-Central Asia relations -Focusing on the period after the establishment of the EAEU in 2015- (러시아·중앙아시아 관계 -2015년 EAEU 창설 이후를 중심으로-)

  • Sang Nam Park
    • Analyses & Alternatives
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    • v.7 no.3
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    • pp.85-114
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    • 2023
  • The purpose of this study is to analyze Russia-Central Asia relations since the launch of the EAEU in 2015 and forecast the future from a structural realism perspective. Bilateral relations have both elements of close cooperation and elements of conflict. Russia and Central Asia, which have the characteristics of an authoritarian alliance, also have a symbiotic relationship in which they have no choice but to cooperate with each other to maintain the regime. Based on this, Russia has made various efforts to reunify Central Asia. Central Asia also has no choice but to cooperate with Russia for its survival, but at the same time, it has expanded its scope of cooperation in the international community to avoid being subjugated to Russia again. However, as China's power expands, Russia's relative weakness, and wariness toward Russia increases after the Ukraine War, the gap in bilateral relations is widening. In particular, as China's influence grows, Russia's nervousness also increases. This is why Putin visits Central Asia and holds active summit talks even during the war in Ukraine. If competition between Russia and China surfaces, there is a high possibility that the international order in Central Asia will become unstable. However, it is still unlikely that the power of Russia and China will reverse in Central Asia. Above all, the security, historical, and cultural connections between Russia and Central Asia are areas that are difficult for China to catch up with. Therefore, a weakening of Russia's influence compared to the past is inevitable, but its superiority is expected to continue. If Russia breaks away from belligerence and transforms into an attractive cooperative partner, there is a possibility that bilateral relations will take an upward turn again. However, it seems unlikely that such changes and innovations will occur under the Putin regime. Therefore, the biggest obstacle to realizing Putin's goal of reunifying Central Asia is Putin himself.

A study of Airport ground Service staffs on behavior factors turnover of the organization -Focusing on the mediating effect of organizational commitment- (공항 지상직 서비스 근무자의 이직행동 요인에 관한 연구 -조직헌신의 매개효과를 중심으로-)

  • Lee, Young-Suk;Lee, Jung-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.10
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    • pp.147-157
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    • 2016
  • The opening of a second new airport is urgently needed to meet the growing number of visitors to Incheon International Airport. This study focused on effectiveness of mediating effects on the dedication to organization in order to determine why manpower resources of the airport service sector should take job-changing into account and to focus on staff who provide service to customers visiting Incheon International Airport management of airport service quality by providing a better service and preventing them from leaving their job. The results show that, first, only obligation conflicts and heavy workload affect the dedication to organization in terms of task-related causes. Second, compensation and relationships with seniors also affect the dedication to organization in terms of organization-related causes. Third, if more dedication is required, more employees will leave their job. Fourth, role conflict is the only reason to leave the job related to task. Fifth, only compensation and decision making affect the cause of the dedication to organization. The employer urgently needs to make a system to develop a relationship with colleagues and seniors, make a better work environment so that employees can work for a longer period and monetary or valuable compensation should be provided as indicated above in order to keep them employed.

The Development of the U.S.-China Relationship, Pending Issues and Implications (미중관계의 전개와 현안문제 및 시사점)

  • Kim, Kang-nyeong
    • Korea and Global Affairs
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    • v.2 no.2
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    • pp.89-130
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    • 2018
  • This paper is to analyse the development of the U.S.-China relationship and pending issues and implications. To this end the paper is composed of 6 chapters titled instruction; the relationship between the US and China in the early and hostile confrontation period; the relationship of US-Chinese approach/normalization period and the relationship in the 1980s and 1990s; the relationship by mid-2010 since the opening of the G2 era; the US-China relations and major pending issues and implications in the era of Trump-Xi Jinping; and conclusion. The rapid growth of China over the past three decades has changed the existing US-centered international order and has triggered competition between the two countries. The United States and China have become the only countries that regularly hold strategic and economic dialogue, and the topic has also developed into a country that discusses not only bilateral relations but also global issues. The issues of US-China cooperation and conflicts encompass global issues as well as bilateral relations issues. For example, the South China Sea, the North Korean nuclear issue and the THAAD, the economic and financial order, and the Taiwan issue. It is not a matter of another country, but a problem that directly or indirectly leads to Korea's diplomacy, security and economy. In order to prevent 'Korea passing' in the US-China relationship, we need a hedging strategy that maintains and strengthens the strong ROK-US security cooperation and harmonious promotion of ROK-China economic cooperation.

Analysis of U.S.-China Relations on The Korean Peninsula Military Puzzle : Under Circumstance of NK's Nuclear, THAAD, US-ROK Alliance (한반도 군사적 현안에 관한 미중관계 고찰 : 북핵, 사드, 한미동맹의 환경 하에서)

  • Woo, Jeongmin
    • Convergence Security Journal
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    • v.17 no.3
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    • pp.83-93
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    • 2017
  • The U.S.-China Relations could be analyzed two perspectives and their basis under major international p olitics theory-power transition with conditions: (1) North Korean's nuclear puzzle, (2) THAAD in the Kor ean Peninsula and (3) the U.S.-ROK Alliance. One perspective is the global order dominates the regional order, and then stable regional order comes out. The other is the regional order dominates the global ord er, and China wages a regional hegemonic conflict against the United States. Consequently, America's o verwhelming leadership in North Korean's nuclear, THAAD and U.S.-ROK Alliance as national power is expected to endure. But China also has expected empowerment and cooperation for the peace and stabilit y on the Korean Peninsula military problems. In this perspective, South Korea needs to pay attention to the changing power distribution and competition between the U.S. and China and needs to strengthen a balancing and harmonious diplomatic strategy, so called 'see-saw diplomacy'.

An Analysis of Iran's Maritime Strategy from a Structural Perspective on Middle East International Relations: Focusing on Defensive Realism (중동 국제관계에 대한 구조적 관점에서의 이란 해양전략에 대한 분석: 방어적 현실주의 관점을 중심으로)

  • Oh, Dongkeon
    • Maritime Security
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    • v.1 no.1
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    • pp.93-117
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    • 2020
  • Four cargo ships were ambushed by bombs in 2019 while navigating in the Strait of Hormuz. It was not clear who attacked those ships, however, many nations including the United States argued that it was Iran due to several reasons. The United States established the maritime collective defense system named International Maritime Security Construct (IMSC) in order to protect the maritime security in the Strait of Hormuz, without disclosure against whom it is aimed. Persian, who uses the Persian language unlike other countries in the Middle East, is the major ethnic group in Iran, and most of them believe Shi'ah Islam while most of the Arabs in the Gulf countries adhere to Sunni Islam. It seems that historic and religious motives caused the bipolar system in the Middle East, however, it is plausible to analyze the system of international affairs in the Middle East via defensive or structural realism. Iran has attempted to maintain its hegemony in the region by supporting Shi'ah muslims in the neighboring countries as well as in the world by using military and economic means. In this context, Iran's maritime strategy is to maintain its maritime hegemony on the Persian Gulf via countering threats and cooperating with friendly navies by using the Islamic Republic of Iran Navy(IRIN) and the Islamic Revolutionary Guard Corps Navy(IRGCN). IRIN acts like other navies in the world: protecting national interest at sea, expending its operational areas to the outer seas, and enhancing cooperation with other navies. Meanwhile, IRGCN plays a role as an asymmetric force at sea. It is composed of small and fast asymmetric assets, which can ambush ships fast and furious. Considering the poor study for Iran's maritime strategy in Korea, analyzing the strategy is meaningful for the Republic of Korea Navy, which has operated the Cheonghae Unit for more than ten years since it has extended its operational area over the Strait of Hormuz. In order not to be drawn into the conflict in the Strait, research on the maritime strategy of Iran and other countries in the Middle East should be started.

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The Definition of Outer Space and the Air/Outer Space Boundary Question (우주의 법적 지위와 경계획정 문제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.427-468
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    • 2015
  • To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

Balance of Power and the Relative Military Capacity - Empirical Analysis and Implication to North East Asia - (세력균형(power balance)에서의 군사력 수준과 동북아시아에 주는 함의)

  • Kim, Myung-soo
    • Strategy21
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    • s.38
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    • pp.112-162
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    • 2015
  • This study began to confirm or review the balance of power theory by applying scientific methods through experiential cases. Though there are several kinds of national power, this study supposes military power as a crucial power when it comes to war and peace. This research covered balance and imbalance through comparing relative military power between nations or nations' group. Comparison of relative military power can be achieved by statistically processing the values of which has been converted into the standard variables in same domain, then calculating the values of nation's power which has been synthesized different experiential factors. In addition, the criteria of experiential experiment is highly dedicated to European countries, USA, Japan prior to 1st and 2nd World War, as well as USA, Soviet Union and North East Asia during Cold War era. In addition, the balance of power theory has been redefined to review the action of the state upon the changes of power as mentioned in the theory. To begin with, the redefined theory states that relative level of military power between nations defines the consistency of peace and balance of power. If military power is enough to be on the range of level required to keep the power in equilibrium, peace and balance can be achieved. The opposite would unbalance the military power, causing conflicts. While the relative military level between nations change, nations seek to establish 'nations group' via military cooperation such as alliance, which also shift relative military power between nations group as well. Thus, in order to achieve balance of power, a nation seeks to strengthen its military power(self-help), while pursuing military cooperation(or alliance). This changes relative military power between nations group also. In other words, if there exists balance of power between nations, there is balance of power between nations group as well. In this theory, WWI and II broke out due to the imbalance of military force between nations and nations group, and reviewed that due to the balance of military force during the Cold War, peace was maintained. WWI was resulted from imbalance of military cooperation between two powerful states group and WWII was occurred because of the imbalance among the states. Peace was maintained from cooperation of military power and balance among the states during the Cold War. Imbalance among continental states is more threatening than maritime states and balance of power made by army force and naval force also is feasible. Also the outcomes of two variables are found military power balanced ratio of military power for balance is 67% when variable ratio of balance is 100% and standard value for balance is 0.86. Military power exists in a form of range. The range is what unstabilized the international system causing nations to supplement their military powers. These results made possible the calculation and comparison between state's military power. How balance of power inflicted war and peace has been studied through scientific reviews. Military conflict is highly possible upon already unbalanced military powers of North East Asian countries, if the US draws its power back to America. China and Japan are constantly building up their military force. On the other hand, Korean military force is inferior so in accordance to change of international situation state's survival could be threatened and it is difficult to achieve drastic increase in military force like Germany did. Especially constructing naval force demands lots of time; however but has benefit that naval force can overcome imbalance between continental states and maritime states.

Analysis of Attitudes and Influencing Factors on Foreign Workers (외국인 근로자에 대한 태도와 영향요인 분석)

  • Lee, Misook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.12
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    • pp.150-160
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    • 2018
  • The purpose of this study is to classify the attitudes of Korean people regarding foreign workers and to analyze the influence factors. Analysis of the attitude difference and the influential factors utilized the SPSS ${\chi}^2$ test and multinomial logistic regression analysis using 2016 data obtained from the 'Koreans' Consciousness and Values'. Socio-demographic variables, national identity, and socioeconomic variables were used as explanatory variables. The attitude types (friendly, negative, and dual) of respondents were identified, and the influence of explanatory variables influencing these attitudes was identified. Analysis found they have a relatively generous stance on granting legal rights, while they are negative regarding the economic and social threats from foreign workers. As a result of analyzing the factors affecting attitudes, there are significant differences in each influence. However, negative attitudes and dual attitude concerning with negative legal rights found common to the influence of the factors of national identity. Gender and ratio of foreign workers were influential factors for dual attitudes with a high economic threat. On the other hand, socioeconomic factors reflecting the realistic conflict theory were not found to have any effect. The negative attitude of foreign workers in our society can be regarded as cognitive threats rather than realistic experiences or conflicts.