• Korean Association of Arts Management
• /
• no.51
• /
• pp.191-219
• /
• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
• /
• v.7 no.3
• /
• pp.31-41
• /
• 2017

Through the evolutionary process of the North Korean defector support policies, this research investigates the background behind the formation of non-profit organizations for the North Korean defectors and to identify and understand the problem through their characteristics and functions. Starting from 1990, with an increase in the North Korean Defectors' population as well as the introduction of multicultural society, various environmental factors, such as the domestic socio-environmental changes, resulted an increase in number of private organizations. However, not to mention the size and functions of the organizations, some do not even have required legal organizational structures in place. Their business activities, in some cases, are irrelevant to the original purpose and objectives. Moreover, the fact that 83% of the North Korean Defectors Organizations are based in Seoul while 25.5% of the North Korean Defector residing in Seoul, inevitably make the reputation of the organizations to be illegal and dishonest due to the excessive level of competitions among the similar types of organizations. In reality, the organizations show lack of growth in the areas such as securing necessary employments to the Defectors or providing educations to the youth, who will eventually become the future leaders, in building the awareness capacity toward the unification. These results show that, in conducting their activities, the organizations must be aware of the rights and responsibilities as the constituents of the society, plus the government's practical efforts in improving these issues are also necessary.

• Journal of Korea Trade
• /
• v.27 no.2
• /
• pp.115-129
• /
• 2023

Purpose - This study empirically analyzes the consumer value of risk management associated with illegal, unreported, and unregulated (IUU) fishing of fishery products imported to Korea. The global regulatory paradigm for IUU fishing has shifted from production-centered to market-centered. As a result, changes in the international fisheries trade environment emphasizing "transparency" and "legality" of the production process are accelerating. Therefore, changes in the management systems of fishery products entering the country are also needed. Accordingly, this study estimated the consumer value for risk management of IUU fishing, targeting major fish species imported to Korea, and derived the feasibility of introducing related policies. Design/methodology - This study used the choice experiment as an analysis model to estimate consumers' willingness to pay for the "possibility to check for IUU fishing." The choice experiment assumes that the value of a good or service is composed of separable attributes and that the sum of the part-worth of these individual attributes becomes the total value. In this study, respondents were presented with profiles comprising three attributes (country of origin, price, and possibility of checking IUU fishing) and the levels of frozen poulp squid, the subject of the analysis. The participants were asked to select their preferred profile. The marginal willingness to pay for each attribute was derived from the results of the respondents' choices using conditional logit model estimates. Findings - There is a marked difference in utility based on the preference of the country of origin of fishery products among consumers. In addition, the utility of fishery products that have undergone IUU fishing verification was observed to be higher, with the utility marked to be higher for lower prices. Originality/value - Estimating the policy value of the risk management in IUU fishing of imported fisheries products in this study is a novel attempt that has never been conducted before. Several studies have been conducted to assess the risk of IUU fishing associated with the import of fishery products internationally. However, such studies are yet to be conducted in Korea. Instead, policies and studies have focused on issues related to complying with trading partners' legal and transparent standards for exporting fishery products. This study should be the beginning of more in-depth empirical and theoretical explorations to establish order in the domestic seafood market and respond to changes in international regulations on IUU fishing.

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.3
• /
• pp.569-577
• /
• 2023

This study selected seven carbon-neutral villages, considering the characteristics of each region, including all five administrative districts of Changwon City, and proposed activation plans based on business evaluations through surveys of local residents and FGIs with leaders. The analysis showed that carbon-neutral education was the most important factor for activating carbon-neutral villages, with a response rate of 91.9% for 17 multiple-choice questions, followed by legal (ordinance) arrangements at 79.3% and village organization building at 74.1%. Based on this, the following activation plans through the participation of residents who are involved in the project of creating a carbon-neutral village in Changwon City were proposed. First, the characteristics of each carbon-neutral village model were classified into a resource circulation-based model, an environmental creation-based model, an environmental education and experience event-based model, and an energy efficiency-based model. Second, it is necessary to create and present carbon-neutral village growth stage guidelines for the growth of carbon-neutral villages. Third, manuals and teaching materials related to carbon neutrality, such as theories, issues, and practices, need to be produced and distributed for leaders and activists to easily apply and access for self-government operation of the village. Finally, if a carbon-neutral support center that is legally installable in Changwon City is established, it is expected that the lives of local residents will become more sustainable for carbon-neutral living in preparation for climate crises.

• Information Systems Review
• /
• v.25 no.4
• /
• pp.113-130
• /
• 2023

Due to economic development and increasing gross national income, the number of automobiles continues to rise, leading to a serious issue of illegal parking due to limited road conditions and insufficient parking facilities. Illegal parking causes significant inconvenience and displeasure to people and can even result in accidents and loss of lives. The severity of accidents and their consequences, related to the growing number of vehicles and illegal parking, is escalating, particularly in the metropolitan areas. Consequently, efforts are being made to address this problem as a cause of social issues and come up with measures to reduce illegal parking. In particular, half of the public complaints in the metropolitan area are related to illegal parking, and the highest physical and human damage occurs in Gyeonggi. Thus, this study aims to use machine learning techniques based on data related to illegal parking in Suwon city, Gyeonggi, to categorize regional characteristics and propose effective measures to crack down on illegal parking. Additionally, practical, social, policy, and legal measures to decrease illegal parking in the metropolitan area are suggested. This study has academic significance in that it solved the problem of illegal parking, which is mentioned as one of the social problems that cause traffic congestion, by classifying regional characteristics using K-prototype, a machine learning algorithm. Furthermore, the results of this study contribute to practical and social aspects by providing measures to decrease illegal parking in the metropolitan area.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.17 no.6
• /
• pp.1-12
• /
• 2022

This paper put the goal on boosting up early startup investment by delivering and positioning SAFE as the main early startup investment type in Korea. In particular, this paper proves the better fitting of SAFE as to the early stage of venture investment than these of Convertible Note. This paper as referring the previous studies of SAFE as the major keystone issues determining active SAFE applying (legal positioning issue, tax treatment issue, failure of inducing the following investment with uncertainty over maturity) proposes boosting up policy of Korean SAFE. First, as to accounting treatment of SAFE, it suggests SAFE to recognize legally as "the capital" on the Korean Venture Investment Act of introducing SAFE actively as venture investment type. Second, as to tax treatment issue, it proposes on amending venture indication rule as the best alternative of resolving tax issue by accepting SAFE as the investment meeting to venture investment requirement. Third, as benchmarking foreign cases, it delivers the method of modifying foreign SAFE Contract Format by adding up more clauses about safety vehicles against the failure of the following investment and fixing maturity date and event. Ultimately, all resolutions of this paper fall on highlighting the role of Korean Venture Investment Act and Ministry of SMEs and Startups.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.181-226
• /
• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.2
• /
• pp.47-67
• /
• 2009

In recent years, greenhouse gas (GHG) reduction has become high priority issue in international aviation. GHG emissions from the aviation sector only accounts for approximately 2 percent of total GHG emissions in the world. However, as with GHG gases in other sectors, it has been pointed out as a contributing factor to global warming and there is an ongoing conversation in the aviation community to establish international framework for emissions reductions. In the case of international aviation, effects of aviation activities of a State go beyond the airports and airspace of that State. This makes compiling of GHG emissions data very difficult. There are also other legal and technical issues, namely the principle of “Common but Differentiated Responsibility (CBDR)” under the United Nations Framework Convention on Climate Change (UNFCCC) and “Fair Opportunity” principle of the Chicago Convention. For all these reason, it is expected that it will not be an easy job to establish an internationally agreed mechanism for reducing emissions in spite of continuing collaboration among States. UN adopted the UNFCCC in 1990 and the Kyoto Protocol in 1997 to impose common but differentiated responsibility on emissions reductions. In international aviation, ICAO has been taking the lead in measures for the aviation sector. In this role, ICAO held the High-level Meeting on International Aviation and Climate Change on 7 to 9 October 2009 at its Headquarters in Montreal and endorsed recommendations on reducing GHG from international aviation which will also be reported to the 15th Meeting of the Conference of the Parties (COP15). Key items include basic principle in global aviation emissions reduction: aspirational goals and implementation options: strategies and measures to achieve goals: means to measure and monitor the implementation; and financial and human resources. It is very likely that the Republic of Korea will be included among the Parties subject to mandatory limitation or reduction of GHG emissions after 2013. Therefore, it is necessary for Korea to thoroughly analyze ICAO measures to develop comprehensive measures for reducing aviation emissions and to take proactive actions to prepare for future discussions on critical issues after COP15.

• Journal of Hospice and Palliative Care
• /
• v.6 no.2
• /
• pp.133-143
• /
• 2003

Purpose : Amont the various issues concerning bio-ethics, the concern on euthanasia has increased along with the development of medical technology. Thus, the general public tends to have more liberal opinion. They have detail research data and real practices in US, Europe and Australia, but we lack such studies in our country. This study was undertaken to address the need of studies on the recognition of euthanasia among the public because the existing studies have been focused on the medical staff. Methods : Survey 413 people the age of 17 or more, from May to July 2000. Testify the data on the variation of demography and the recognition of euthanasia by using SAS 6.12, the statistic program. Results : 304 people (73.6%) think that euthanasia should be legislated, 156 people (37.8%) permit euthanasia to the rage of voluntary one, and 234 people (56.6%) permit passive euthanasia. When the subject of voluntary euthanasia was himself, more people whose age is 35 or more (P=0.001) responded that they will undertake euthanasia. And, on issues related to the passive euthanasia, one's educational background (P=0.046) and economic power (P=0.040) arrangement showed significant differences. When the subject of voluntary euthanasia is other people, more people whose age is 35 or more than 35 (P=0.001), whose sex is male (P=0.001), and married people (P=0.002) were for allowing the matter. For the subject of passive euthanasia, survey participant's occupation (P=0.016) created meaningful difference. More people whose age is 35 or more than 35 responded that they want voluntary euthanasia for themselves (P=0.001), and in the case when euthanasia is legislated, marital status (P=0.002) also shows meaningful difference. Passive euthanasia is permitted by the more people whose age is less than 35 for respondents other people (P=0.001), marital status show meaningful difference in case for respondent himself. In the case of legal euthanasia is more people whose age is 35 or more than 35 (P=0.001), sex is male (P=0.004) and more married people (P=0.001) responded that they want voluntary euthanasia for other people. And, age (P=0.002), sex (P=0.001), education (P=0.025) and economic power (P=0.001) show meaningful difference for case the subject of passive euthanasia. Conclusion : Most of general public responded that the legislation on euthanasia is required; and, age, education and economic power seem to have an influence on their decisions on euthanasia. Not only such a study of demographic and sociological correlation; but, various basic data on the legislation of euthanasia are needed.

• Journal of Science Education
• /
• v.34 no.2
• /
• pp.291-305
• /
• 2010

The aim of this study was to survey the perceptions of the elementary school teachers on the smallscale chemistry(SSC) following its training session. The teachers participating in the survey were 266 teachers in the Gyeongnam province. They were given a questionnaire that focused on the nine areas of the SSC: Needs for the teacher training and its application, its benefits, issues of safety and danger as well as treatment of environmental pollution, its economic efficiency and the development of investigative skills. The designed questionnaire was checked by an authority, and the responses to each question were tallied and analyzed. The results are as follows. The biggest problems of the traditional experimental methods as rated by the teachers were, in the order of importance, the preparation time, the legal liability of teachers for the safety and accidents, financial issues, disposal of the experimental wastes and the lack of relevant data. Since most of the teachers had not experienced the SSC lab programs in the field, they responded positively to the questions of need for its introduction and training. The implementation of the experimental SSC lab programs should proceed in the following order: introduction into the textbook, teacher training program, after-school education and the invitation of instructors. The most useful materials for the SSC program were CDs, videos, books and various printed materials, in that order. The responses regarding benefits of the SSC program included its simplicity, convenience, time savings, diversity, qualitative and quantitative aspects, integration into the regular class and use of toys. In particular, the teachers mentioned the increased safety due to the small amount of experimental reagents needed and the durability of plastic instruments. The familarity from the use of everyday tools as well as easy access to and the low-cost of the instruments were other important benefits. The teachers in general rated the educational content of the program highly, but many also found it to be average. Some pointed out the lack of sufficient discussion due to the individual or pair groupings as a potential shortcoming. The potential for development of problem solving ability and improvement of skills was rated positively. The number of teacher who rated the development of creativity positively was just over the half. As for the area of improving investigative skills, many found its assessment difficult and confusing because of the lack of its systemic definition and categorization. Based on the findings of this study, I would like to recommend the application and a wider dissemination of the small-scale chemistry lab program into the elementary school science curriculum.