• Journal of the Korean Institute of Landscape Architecture
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• v.30 no.2
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• pp.23-38
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• 2002

The purpose of this paper is to propose directions for urban greening and nature conservation in small-to-medium-sized cities in Korea for implementation of the Local Agenda 21 (LA 21 hereafter). In this paper, the status of implementation of the LA 21 in both Korea and Japan have been examined. In addition, the green-related plans of both countries have been compared. The cities of Jeonju and Sagamihara were chosen as examples to compare. The result of the research is as follows: 1)With regard to the responsible bodies, in Korea, the implementing plans were initiated by the environment-related authorities of local governments while, in Japan, the plans of action were initiated through consultative committees reflecting opinions from citizens and business entities. 2)Concerning the status of implementation of LA 21, the city of Jeonju has adopted a plan of action and then implemented the plan through a consultative body without adequate legal ground. On the other hand, the city of Sagamihara has enacted a local ordinance to implement the LA 21 It was learned that the newly enacted ordinance has positively been interrelated to existing environmental plans. 3)Regarding urban greening and nature conservation plans, the city of Jeonju has focused on comprehensive measures to preserve and restore ecology while the city of Sagamihara has clearly suggested educational purposes in its plans in addition to preserving and restoring ecology. 4)In terms of support by law or legal system concerned, it has been teamed that, compared with Japan, Korean plans have not been properly supported by law or the legal system to urban greening and nature conservation plans. The same was shown in the city of Jeonju as compared with the city of Sagamihara. As for future directions, the follow are proposed: 1) establishment of a local Committee on Sustainable Development, 2) enactment of relevant and regulations such as the Master Plan of Parks and Green Open paces, 3) establishment of ecological greening plans.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.61-80
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• 2013

The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

• The Journal of the Korea Contents Association
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• v.13 no.1
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• pp.175-185
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• 2013

The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.147-175
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• 2023

The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.

• Journal of Korean Philosophical Society
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• v.123
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• pp.245-279
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• 2012

Hans Kelsen, one of prominent advocators of legal positivism, insisted that every theory of natural law try to show that it is possible to deduce from the nature, that is to say from the nature of man certain rules which provide an altogether adequate prescription for human behavior. But it is impossible to deduce from the nature certain ethical rules. The purpose of this study is to show his insistence false. Firstly, He is based on false assumption that 'nature' in theory of nature law is 'nature' in natural science. Secondary, He is based on false assumption that the entire systems of natural law are deduced from only one first natural law. Thirdly, He makes logical fallacies, that is, straw man, false dichotomy and so on. Fourthly, in spite of his critique of every theory of natural theory, this study tries to certify that theories of natural law of I. Kant and J. Maritain and so on are very excellent.

• Journal of Technology Innovation
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• v.7 no.1
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• pp.187-205
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• 1999

Traditional analyses of patent system have considered innovations in isolation and precluded the technological interrelationships between innovations. Common feature of cumulativeness during the process of technological change, however, brings the scope of patent protection into the major policy concern and currently occupies the central position in recent patent reform controversy. This study surveys the recent developments in the economic analysis of patent scope with corresponding introduction to the legal perspectives regarding patent scope. Although the issue of patent scope is complex in nature and depends crucially upon technological environment and the nature of innovations, this study can enlarge the understanding of the pros and cons of patent scope policy, which will become increasingly disputable in the forth-coming era of specialized patent court in Korea.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.3
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• pp.445-459
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• 2010

The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.133-157
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• 2014

To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

• The Korean Journal of Archival Studies
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• no.60
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• pp.89-121
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• 2019

According to ISO 15489, records are "information" (ISO 15489-1: 2001, 3.15) that "an organization or individual produces, receives or maintains as evidence or information in the course of carrying out its legal obligations or in the conduct of its business". Records in KS ISO 15489 are also referred to as "information that is produced, received and maintained as evidence and information presented by the organization or individual in the course of performing legal obligations or in the course of business" (Korean Industrial Standards KS X ISO 15489). Based on the definitions, the nature of the legal traits of record is examined, focusing on the evidential elements of the record.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.