• Journal of Science and Technology Studies
• /
• v.3 no.1 s.5
• /
• pp.105-156
• /
• 2003

This paper aims to explore the cause and aspect of inter-ministerial policy conflict and its coordination in science and technology policy-making with the case of science and technology basic law-making process in Korea. This law-making processes are analysed through the three periods for the last 10 years starting 1992, such as law-formulation(1st) period, interim law-making (2nd) period, and final law-making(3rd) period. Based on these steps, it tries to concretely describe the phenomenon of policy conflict and the coordination mechanism among government departments and analyses the characteristics of dynamic interaction and mutual adjustment among the related agencies. The analysis is mainly focussed on the underlying causes and determinants of policy conflict, the development and coordination process of the conflict, the strategies and logics of the conflict participants, and eliciting some policy implications for effective policy coordination among government departments. Research results are summarized as follows. First, in science and technology policy-making the main causes of policy conflict among government departments are attributed to the difference of policy-orientation and jurisdiction-orientation of each agency. During the first period, the main aspect of policy conflict was policy-oriented, during the second, the main aspects of policy conflict were both policy-oriented and jurisdiction-oriented, and during the third, policy-oriented conflict was dominant. Second, the dominant typology and strategies of policy coordination which the participants used were vertical-political and horizontal-analytic approach. During the first period, horizontal and analytical approach were used, during the second, horizontal and political approach are mixedly used, and during the third, vertical and political approach were dominantly used. Third, The Korean National Assembly and the ruling party played a pivotal role in science and technology policy-making process(the basic law-making process) in particular during the final period.

• International Journal of Computer Science & Network Security
• /
• v.22 no.8
• /
• pp.169-174
• /
• 2022

Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of criminal law.

• International Journal of Computer Science & Network Security
• /
• v.22 no.8
• /
• pp.129-134
• /
• 2022

Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of commercial law.

• The Korean Journal of Air & Space Law and Policy
• /
• v.13
• /
• pp.9-25
• /
• 2001

• The Korean Journal of Air & Space Law and Policy
• /
• v.11
• /
• pp.301-320
• /
• 1999

• Journal of Digital Convergence
• /
• v.2 no.1
• /
• pp.93-112
• /
• 2004

A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.1
• /
• pp.169-188
• /
• 2008

Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

• The Korean Journal of Air & Space Law and Policy
• /
• v.10
• /
• pp.375-406
• /
• 1998

• The Korean Journal of Air & Space Law and Policy
• /
• v.12
• /
• pp.294-302
• /
• 2000

• The Korean Journal of Air & Space Law and Policy
• /
• v.6
• /
• pp.97-107
• /
• 1994