• 한국비블리아학회지
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• 제12권2호
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• pp.85-103
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• 2001

2000년 7월 1일자로 개정$\cdot$발효된 현행 저작권법은 전반적으로 디지털 매체환경을 수용하고 있다는 점에서 주목된다. 특히 저작재산권의 하나로 추가된 '전송권' 은 저작물의 이용환경이 인터넷으로 대표되는 무한 가상의 공간으로까지 확대되었음을 인정한 결과라고 할 수 있다. 문제는 이러한 전송권에 대한 이해가 부족한 데다 전반적인 법적, 제도적 일관성이 부족한 탓에 저작전자와 이용자사이에 이를 둘러싼 대립상황이 빛어지고 있다는 데 있다. 이 같은 현상이 가장 심각한 분야는 출판분야이다. 즉, 기존의 출판권과 신생권리인 전송권, 그리고 이번에 개정된 복제권에 관한 조항 사이에는 어떠한 차이가 있는지 확실히 인지하지 못하고 있는 까닭에 이러한 혼란이 점차 가중되고 있는 것이다. 출판업계를 비롯한 관련업계에서는 이미 실용화 단계에 접어들었거나 수익모델에 관한 연구까지 진행되고 있는 '전자책' 이라는 용어가 관련법규에서는 전혀 다루어지지 않고 있다는 근본문제에서부터 이 연구는 시작되었다. 따라서 이 연구에서는 이러한 저작권법상의 문제점들을 중심으로 출판권이 새롭게 조망되어야 함을 밝히고, 향후 저작권법 개정에 있어 디지털 출판의 개념이 전격 반영될 수 있도록 촉구하는 데 중점을 두고 있다.

• 만화애니메이션 연구
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• 통권16호
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• pp.67-78
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• 2009

만화 탄생 100주년을 맞이하여, 다양한 의미 있는 작업들이 진행되고 있다. 그러나, '과거'가 아니라 '현재' 급박하게 필요한 부분들에 대해서는 놓치고 지나가고 있다는 우려가 든다. 특히, 급변하는 미디어 환경에서 만화문화를 유지, 확대하고 만화산업의 건강한 생태계를 형성하기 위해서, 법 제도적인 측면에 집중하는 것은 상당히 시급하다. 이러한 전제하에서 본 논문은 현행 법제들, 특히 문화산업진흥기본법, 출판문화산업진흥법, 납본제 관련법들을 아우르면서 이 법제들이 만화산업의 실질적인 진흥을 이루기에는 많은 한계점이 있다는 점을 제시할 것이다. 그리고 그 가장 적절한 대안으로서, '만화진흥법' 제정을 주장할 것이다.

• 통상정보연구
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• 제7권3호
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• pp.3-25
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• 2005

It is high time to prepare the online publication system of academic research paper. Online publications like digital research paper, e-Book, etc. are increased day by day as the information technology(IT) is developing continually. But, the legal aspect of publication system of academic research paper in Korea is not prepared yet. The purposes of this study are to examine the problems on the publication system of academic research paper in the context of digital goods and to frame a policy of legal proceedings in relation to the social science. The methodology used in this paper is theoretical analysis which is examining the case of academic research system and scientific journal in Korea. As a result of this study, following measures are suggested: (1) Legal provisions on the online publication system, that is, "Research Promotion Law of Korea" controlled by KRF(Korea Research Foundation) and MOE(Ministry of Education) should be revised. (2) Solution like software program and DB system proceeding the data on academic research paper should be prepared newly. (3) From the viewpoint of digital goods, both protecting the intellectual property right and settling the reliance upon online publication system should also be considered simultaneously.

• 연구윤리
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• 제1권2호
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• pp.11-13
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• 2020

Purpose: The author wants to specify scope of research, identify without giving burden, prevent unfair identification of the author, admit of production of the outcome, enact rules of identification, and build up foundation of development. Also, this study defines scope of publication of outcome of research to prevent unfair identification of authors and admit of them. Research design, data and methodology: The study described literary research, standard research, phenomenon research, and empirical result without methodologies, statistical analysis and scientific test and investigated operation system of KODISA cases. Results: At publication of findings of the research, researchers shall identify the ones of production of the finding to allocate help of the research. Conclusions: Scientific journals shall be controlled to develop ability and to grow up and have a system. Researchers shall give direction of other scientific journals. The study made efforts to be a model. KODISA Edition Team shall make an effort to keep and develop. So far, no regulation of identification of authors has produced disturbance so terminologies should be uniformed. Researchers shall keep rules of identification of authors to uniform and regulate identification of authors, conditions of authors, and order and correspondent authors. KODISA enacted rules of identification of authors for the first time in Korea to develop science.

• International Journal of Knowledge Content Development & Technology
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• 제10권1호
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• pp.71-82
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• 2020

Nigeria Copyright Commission is saddled with the responsibility of ensuring adherence to the copyright law in Nigeria. However, it has been observed in the last decade that copyright right issue is still rampant in Nigeria. Therefore, this study analyzed cases that the Commission in involved in between years 2008 to 2018. The study adopted citation analysis. The study collected data from three selected law reports, which include Intellectual Property Law Reports, Nigerian Weekly Law Reports and Nigeria Law Intellectual Property Watch. It was found that Nigerian Law Intellectual Property Watch has the highest number of reports of cases involving Nigerian Copyright Commission while none was reported by Nigerian Weekly Law Reports. It was also found that most of the cases handled by the Commission were on copyright infringement. The study concludes that Nigerian Copyright Commission has been paying credible attention to issue that surrounds software infringement but there has been little attention paid to book piracy. Moreover, it was established that the poor attention given to book piracy may entrench the publication of pirated copy and would subsequently lead to poor library service provision at the long run.

• 한국도서관정보학회지
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• 제23권
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• pp.79-108
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• 1995

Government Publications are published to keep records of governmental activities and performances. In a rapidly changing information-oriented society, it is badly required for the operation system of government publications and a library to be effectively managed with government publications for satisfying 'right to know' of people and improving the obligation of government to 'let people know.' Accordingly, the purpose of this paper is to analyze such five research items as the situation of the publication and distribution of, government publications, the operation system of the publications in library, the number of publications regarding secondary information sources for the publications, and the legal deposit of the publications in the National Library, in order to proceed with a subject as to how much the government publication is satisfying 'right to know' of people. The research findings were suggested as follow : 1) Despite the fact that the publication of government publications has been gradually increased every year in numbers and kinds, it is unfortunately pointed out that the publications, distributions and sellings of them were not well organized and systematic. That is, the government publications had not been published more than 1.47% of all publications in number. Moreover, more than the half of the publications were non-periodically or annually published. To make the matter worse, it was not easy to get an access to the publications because of the publications not to be sold. 2) It a n.0, ppears that people could not use the publications efficiently because the library and administrative document office did not pay sufficient attention to public relations for all sorts of government publications. Not only that, there were not enough numbers of publications regarding such secondary information sources as bibliography, index and catalog. A speedy searching capacity for the information gave rise to another serious problem which the government publications could not be effectively used. 3) It is legally stated that all sorts of government publication should be deposited to the National Libraries. However, the law was not properly put into force because of lack of understanding of government agencies about the law.

• 무역상무연구
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• 제37권
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• pp.89-106
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• 2008

Since the implementation of International Standard Banking Practice(ISBP) in 2003, ICC Publication No. 645 has become an invaluable help to the documentary credit practitioners including banks, companies, transportation and insurance companies etc. However, with the approval of UCP 600 in October 2006, it has become necessary to provide an updated version of the ISBP. It should be emphasized that this ISBP is an updated version as opposed to a revision of ICC Publication No. 645. The new ISBP has been implemented concurrently with UCP 600 since July 1st, 2007. The first necessity was to replace UCP 500 article numbers with those of UCP 600. Second, where it was felt proper, the contents of some paragraphs that appear in ICC Publication No. 645 and that have been covered in UCP 600 have been removed from the updated version of the ISBP. This explains the reduction in the number of paragraphs from 200 to 185. The international standard banking practices documented in the new ISBP are consistent with UCP 600. This ISBP does not amend UCP 600. It explains how the practices articulated in UCP 600 are applied by documentary practitioners. The new ISBP and the UCP 600 should be read in their entirety and not in isolation. It should be kept in mind that any terms in a documentary credit which modifies or excludes the applicability of a provision of UCP 600 may also have an impact on the international standard banking practices. Consequently, when parties concerned must take into account any terms in a documentary credit that expressly modifies or excludes a rule contained in UCP 600.

• 의료법학
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• 제13권2호
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• 무역상무연구
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• 제36권
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• pp.47-84
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• 2007

The Uniform Customs and Practice for Documentary Credits ("UCP") may be treated as a useful laboratory for studying the scope and limitations of self regulation. This is due to its almost universal success on a global stage which provides it a perspective rarely available for self regulatory provisions and due to extensive experience of judicial review of it. In this sense, it is worthwhile to examine in brief the latest iteration of the UCP, Publication No. 600 ("UCP600"). This article describes and analyze some of core provisions of the UCP600 from the perspective of their adequacy as an exercise in self regulation. It is attempted first in view of several categories of private rulemaking; definitional rulemaking, default rules, procedural rules, and remedies. After that, it is examined second in view of sound rulemaking which is related to the relative role of law and practice. It points out rich and varied insights into the possibilities and problems associated with private rulemaking in connection with commercial transactions.

• 무역상무연구
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• 제38권
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• pp.71-96
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• 2008

Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.