• Title/Summary/Keyword: Law enforcement organization

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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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A Method to Develop Security System through the Analysis on Dangerous Case (위해사례분석을 통한 경호제도의 발전방안)

  • Yu, Hyung-Chang;Kim, Tae-Min
    • Korean Security Journal
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    • no.16
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    • pp.161-187
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    • 2008
  • The purpose of this study is to suggest a development method of current Korean security system by analyzing the problems shown in the performance of security work in relation to the terrorism, which is enlarging in the word, from various aspects. In order to perform the study, the researcher considered the basic theory concerned to current Korean law concerned to security, principle and methodology of security, terror and new terrorism. The researcher performed the study by selecting qualitative case study focused on Park Geun-Hye case. Through the study, the methods to develop Korean security system are as follows. First, from the legal aspect, it is necessary to establish the law concerned to terrorism prevention and important person security. Moreover, it is necessary to search for the development of private security by revising Security Industry Act, which is a legal ground of private security. Second, it is necessary to improve and reinforce education & training program, which is not still divided in detail from the aspect of private security cultivation. Moreover, it is necessary to activate personal protection work and enlarge market through Security Industry Act and make an effort to change social recognition over security, which is devaluated in the society. From the viewpoint, national license about private security shall be adopted. The department of president security, which is a representative of official security, shall transfer the advanced technology to private security organization. Third, from the aspect of operation, the operation of security based on SCE principle, human shield principle, the nearest person's protection principle, body extension principle, linear protection principle and evacuation priority principle is required. Therefore, the priority shall be given to preventive security and thorough security plan shall be made for the operation.

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A Study on the Application of International Law through Disputes Settlement in Northeast Asia Fishing Ground (동북아 어장에서의 어업분쟁 해결 사례를 통한 국제법 적용 방안)

  • Lee, Woo-Do;Kim, Nam-Soo;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.15-32
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    • 2017
  • This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

A Study on Web Accessibility Status of Metropolitan and Provincial Offices of Education from the Universal Design View (유니버설 디자인 관점에서 본 국내 시도 교육청의 웹 접근성 실태에 관한 연구)

  • Seo, Mi-Ra
    • Journal of Digital Convergence
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    • v.11 no.5
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    • pp.405-410
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    • 2013
  • Due to the enforcement of a law about disability nondiscrimination and rights protection in 2008, the web accessibility has become an obligation. According to a survey targeting public sectors such as central administrative organization, local autonomous entity and etc., the level of compliance with web accessibility appeared to be improved every year. However, such legal mechanism focuses on the improvement of convenience for disabled people only and does not meet the concept of universal design that aims to satisfy every user. Therefore, this study verifies the status of web accessibility on 17 homepages of metropolitan and provincial offices of education. The status survey was carried out with 3 steps: 1) Verification through automated verification tool by National Information Society Agency, 2) Verification through Web Content Accessibility Guidelines(UD-WCAG) that adopts the concept of universal design, 3) Verification by using screen reader. Compared to the verification through automated verification tool, the overall compliance rate verified through UD-WCAG was reported lower.

A study on the paradigm shift in National crisis management system and its functional, structural improvements : Focused on the construction of elite civil defense force (국가위기관리체계의 패러다임 변화와 기능 및 구조적 개선방안에 관한 연구 : 정예민방위대 구축을 중심으로)

  • Lee, Mi-Jeong
    • Korean Security Journal
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    • no.33
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    • pp.137-161
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    • 2012
  • There are some common and broad trends in National crisis management system around the world. This article considers that paradigm theoretically. 1) a shift from civil defense to civil protection, 2) 10 principles in sustainable National crisis management system, 3) the collaborative governance of crisis management. Some civil defense problems in National crisis management system are as follows; 1) obscurity of organizational identity through twofold function in civil defense, 2) ineffective organization in civil defense and disaster management system, 3) weakness of competencies in local government, 4) overlook of actual condition in communities and civil defense resources. This article suggests that to provide retired and active private security practitioners, retired law enforcement personnel, and retired military personnel to form a elite civil defense force and to find creative ways to address this pervasive threat which one reasonable and affordable solution would be for the government to take advantage of an existing resource.

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A study on values of police officer (경찰공무원의 가치관에 대한 연구)

  • Han, Sang-Am;Jeong, Duke-Young
    • Proceedings of the Korea Contents Association Conference
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    • 2006.11a
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    • pp.447-452
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    • 2006
  • Through contemporary researches on policing, individual employees in law enforcement agencies has gained more and more attention from researchers and police organization managers. Unfortunately an important but largely ignored area of current research on individual police officers concerns the value orientations obtaining among Korean police officers. And during last five decades or so, no research has been done on this issue. Studying individual value orientations is important because a substantial body of research indicates that particular patterns of value orientation predict world views and hence can in turn predict behavior at the workplace and behavioral predispositions on salient social issues. Therefore in this research, the researcher intended to answer these issues. (1) What are the characteristics of value orientations among Korean police officers. (2) Is there any relationships between the specific groups and the value orientations among them.

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Management Effectiveness Evaluation (MEE) Indicators Development in Protected Forest Areas (산림보호지역의 관리효과성 평가지표 개발 연구)

  • Ryu, Kwangsu;Choi, Jaeyong;Lee, Gwangyu
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.14 no.1
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    • pp.105-119
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    • 2011
  • In order to develop the indicators which evaluate the management effectiveness for the protected forest areas in Korea, candidate indicators were listed based on literature and experts interviews, then questionnaire survey on the experts were conducted. 5 elements of context, planning, input, process, output and outcome and 32 indicators were selected. Context element includes 6 indicators of 1) documentation and assessment of values; 2) documentation and assessment of threats, 3) influence of government policy, 4) related regulations, 5) community cooperation and 6) the structure of management organization. 6 indicators of Planning element were 1) the management objective, 2) protected area design, 3) protected area size and number, 4) representation, 5) standards and categories and 6) management planning. Input element of 3 indicators were 1) management staff, 2) funding, 3) establishment and application of information. Process element were consisted of 1) governance, 2) management guidelines, 3) human resource management, 4) law enforcement, 5) eco-management, 6) disaster management, 7) education program and 8) research and monitoring. The element of outputs and outcomes were 1) accomplishment of plan, 2) accomplishment of program, 3) private land management, 4) threats change, 5) biodiversity change, 6) ecosystem health and vitality, 7) impact on community, 8) international management level and 9) visitors' satisfaction and variation in civil compliant. It is recommended to have further research on evaluation methods development by applying those above developed indicators for the protected forest areas to ensure the practicality of the indicators.

Comparative Study on Value Systems of Korean and American Police Officers (경찰공무원의 가치관에 대한 한미간의 비교연구)

  • Han, Sang-Am;Jeong, Duke-Young
    • The Journal of the Korea Contents Association
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    • v.7 no.2
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    • pp.191-201
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    • 2007
  • Through contemporary researches on policing, individual employees in law enforcement agencies has gained more and more attention from researchers and police organization managers. Unfortunately an important but largely ignored area of current research on individual police officers concerns the value orientations obtaining among Korean police officers. And during last five decades or so, no research has been done on this issue. Studying individual value orientations is important because a substantial body of research indicates that particular patterns of value orientation predict world views and hence can in turn predict behavior at the workplace and behavioral predispositions on salient social issues. Therefore in this research, the authors intended to answer these issues. (1) What are the characteristics of value orientations among Korean police officers. (2) Is there any differences between Korean and American police officers on the value orientations among them.

A Study on the Policy Tasks for the Development of National Fire Service - Redesigning Institutional and Organizational Improvement for the Establishment of the National Fire Service Agency - (한국소방발전을 위한 정책과제 연구 - 소방청 신설에 대응하는 제도·조직개선 구상 -)

  • Choi, Byoung-Hahk;Kim, Hak-Soo
    • The Korean Journal of Emergency Medical Services
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    • v.6 no.1
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    • pp.185-197
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    • 2002
  • Today, the basic problem of functional safe management of Korean Disaster Control system was separately administrated 33 acts that are relating to safe management in 13 ministries. Because of the facts that the fire service is not provided practically, the control system and risk management for safe administration are not operated, the information can not be shared with each other, and the various laws have the lacks of linkage, the National Safe System was appeared unsteady. The roles and functions of fire service have started with restriction to operate structurally and institutionally, which operational structure of fire service is becoming weak. As a result, the federal and local fire organizations have not reached yet to the institutionalization and the local fire service agencies have bias with the task regarding the fire service because of the relation between organizational structure and the local fire agency. With the enforcement of the federal and local fire system, professionality and autonomy for making policy, and dealing with changes of fire service positively, the national fire service on the policy performance can be established. Promotion of research and development and education training to strengthen innovation in technology and competition in fire industry will contribute to the firmly establishment of control system to prevent from fire, flood, terror and national disaster. This article proposed that (a) the established law and administration, agency are required efforts to effectively operate fire service system; (b) the national fire service agency, national college of fire, national institute of science fire, and national fire service hospital should be early established to make firmly policy to operate effectively and practically. These kinds of innovational acts are known the best ways of operating solid policy of national fire service system.

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Tobacco Use Among Students Aged 13-15 Years in South Korea: The 2013 Global Youth Tobacco Survey

  • Choi, Sunhye;Kim, Yoonjung;Lee, Jihye;Kashiwabara, Mina;Oh, Kyungwon
    • Journal of Preventive Medicine and Public Health
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    • v.50 no.1
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    • pp.60-65
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    • 2017
  • Objectives: We examined the prevalence of tobacco use and exposure to secondhand smoke among middle-school students in Korea using the Global Youth Tobacco Survey (GYTS) in 2013. Methods: The GYTS in Korea was conducted between July and August 2013 by the Korea Centers for Disease Control and Prevention. Data were collected using a self-administered anonymous questionnaire from a nationally representative sample of middle-school students aged 13-15 years in sampled classrooms. Results: The GYTS in Korea was completed by 4235 students aged 13-15 years in 43 middle schools. Approximately one in five of the students (17.8%) reported that they had tried cigarettes in the past, while 5.2% reported currently being cigarette smokers. Current cigarette smoking was higher in boys (7.5%) than in girls (2.6%). Of the students, 29.7% had been exposed to secondhand smoke at home, 47.4% inside enclosed public places, and 53.9% in outdoor public places. Of the current cigarette smokers, 25.7% bought their cigarettes from a store despite a law prohibiting this. Additionally, 58.0% of students noticed point-of-sale tobacco advertisements or promotions, 66.8% of current cigarette smokers wanted to stop smoking, and 70.9% of students had been taught about the dangers of tobacco use in school. Conclusions: These findings provide an opportunity to develop, implement, and evaluate a comprehensive tobacco control policy. The results suggest that youth have relatively easy access to cigarettes and are regularly exposed to secondhand smoke in public places, as well as to point-of-sale tobacco advertisements and promotions. Strict enforcement of the ban on tobacco sales to youth, expanding smoke-free areas, and advertising bans are needed to reduce tobacco use among youth.