• Title/Summary/Keyword: Legal regime

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Postcolonial Media Piracy Studies and Intellectual Property Regime as Global Control System

  • Yoon, Sangkil;Kim, Sanghyun
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.9
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    • pp.91-100
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    • 2022
  • The purpose of this study is to critically review the global intellectual property regime, which has been in full swing since the mid-1990s, from the perspective of postcolonialism. More specifically, by looking at issues which were raised by the Postcolonial Piracy Studies, it attempted to relativize the global IP system. This paper confirmed the postcolonialist view that universal concepts could never be completely universal or pure, and confirmed the non-state legalities view of media piracy as a conduit for participation in the global network through 'porous legalities' concept of Lawrence Liang. Finally, this paper raised the need to understand various relationships between the informal media economy and the formal media economy in a balanced perspective, rather than relying only on the neat dichotomy logic of illegality/legal.

Review of Operation of Military Aircraft within the Framework of Operations Law-Survey on Problems of Counteraction to Intrusion into airspace by steps by means of Aircraft, and Proposed Legislative Direction (군용항공기 운용의 작전법적 검토 - 항공기에 의한 단계별 공역 침범에 대한 대응조치의 문제점 및 입법방향에 대한 고찰-)

  • Joeng, Cheol
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.247-324
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    • 2003
  • Considering Republic of Korea that is known as the worlds one of the most compact airspace, together with development of technology of aerospace and ever-strengthening weapon systems of aircraft, is, in its reality, in a dire need for more practical infrastructure against any intrusion, of course also being mindful of the situation with the North Korea, to its national airspace or other controlled airspace. Republic of Koreas current legislative regime is unable to effectively respond to such crisis on any legal ground, and responsible government members are relying heavily on relevant military laws and regulations. Naturally, there exists strong possibility of various problems when there occurs an actual intrusion to Koreas airspace and lawful and legal resolution of the aftereffect is demanded. This article categorizes Korean peninsula and its national airspace into various kinds of airspaces; KADIZ; FIR; airspace above EEZ; airspace above contiguous zone; airspace above the high sea, and attempted to research and study these respective categories, given the unique nature of airspace and the current responsive measure. Furthermore, this article will review some of the relevant legislative actions and their sense of direction as solution to the discussed problems.

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Discrimination of Private Property Right Protection in the U.S. Urban Regeneration Projects: A Perspective of Legal Geography (미국 도시재생사업과 사유재산권 보호의 차별 - 법제지리학의 관점 -)

  • Kim, Yong-Chang
    • Journal of the Korean Geographical Society
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    • v.47 no.2
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    • pp.245-267
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    • 2012
  • This paper analyzes the discrimination of private property right protection in urban regeneration projects that is implemented by eminent domain based on public use in the United States. In spite of urban regeneration projects which depends on property condemnation for public use as a coercive power, it is executed on the discrimination of property right and sacrifice of the social disadvantages that transfer property from these private party to another big capitals and private developers. At first this paper investigates research trends in urban regeneration within the framework of multidisciplinary approach and suggests legal geographical perspective as a new research field. Next I figure out current state, types and numbers of brownfields site with the EPA and GAO data, and define these sites as results of deindustrialization and suburbanization process. Finally this paper uncover that the discrimination process of private property right is due to complex actions of expansion of public use concept in the U.S. Supreme Court from public ownership to economic public use, privatization of eminent domain, growth coalition regime and business friendly policy focused on economic development, class and racial bias, neoliberal movements of property right reform.

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A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • 이창우;강신영;이상집;김영구
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2002.11a
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    • pp.27-32
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    • 2002
  • Cultural property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located int eh southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery int eh world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulation. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

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Multilateral Nuclear Approaches (MNAs), Factors and Issues Lessons from IAEA Study to Regional Cooperation (다자간 원자력 협력: 요소와 현안)

  • Hwang Yong-Soo
    • Proceedings of the Korean Radioactive Waste Society Conference
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    • 2005.06a
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    • pp.56-66
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    • 2005
  • In response to the increasing emphasis being placed on the importance of international cooperation as part of global efforts to cope with growing non proliferation, and security, concerns in the nuclear field, the Director General of the International Atomic Energy Agency (IAEA), Mohamed ElBaradei, appointed an international group of experts to consider possible multilateral approaches to the nuclear fuel cycle. The mandate of the Expert Group was three fold: ${\bullet}$ To identify and provide an analysis of issues and options relevant to multilateral approaches to the front and back ends of the nuclear fuel cycle; ${\bullet}$ To provide an overview of the policy, legal, security, economic, institutional and technological incentives and disincentives for cooperation in multilateral arrangements for the front and back ends of the nuclear fuel cycle; and ${\bullet}$ To provide a brief review of the historical and current experiences and analyses relating to multilateral fuel cycle arrangements relevant to the work of the Expert Group. The overall purpose was to assess MNAs in the framework of a double objective: strengthening the international nuclear non proliferation regime and making the peaceful uses of nuclear energy more economical and attractive. The Group identifies options for MNAs - options in terms of policy, institutional and legal factors - for those parts of the nuclear fuel cycle of greatest sensitivity from the point of view of proliferation risk. It also reflects the Groups deliberations on the corresponding benefits and disadvantages (pros and cons) of the various options and approaches. Although the Expert Group was able to agree to forward the resulting report to the Director General, it is important to note that the report does not reflect agreement by all of the experts on any of the options, nor a consensus assessment of their respective value. It is intended only to present options for MNAs, and to reflect on the range of considerations which could impact on the desirability and feasibility of those options.

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A Study on Fisheries Resources Control Systems by Total Allowable Catch (총허용어획량(總許容漁獲量)에 의한 어업자원관리제도(漁業資源管理制度)에 관한 연구)

  • Cha, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.10 no.2
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    • pp.162-183
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    • 1998
  • The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

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A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • Lee, Chang-Woo;Kang, Sin-Young;Lee, Sang-Jip;Kim, Young-Gu
    • Journal of Navigation and Port Research
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    • v.26 no.5
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    • pp.511-516
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    • 2002
  • Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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A Brief Review of Backgrounds behind "Multi-Purpose Performance Halls" in South Korea (우리나라 다목적 공연장의 탄생배경에 관한 소고)

  • Kim, Kyoung-A
    • (The) Research of the performance art and culture
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    • no.41
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    • pp.5-38
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    • 2020
  • The current state of performance halls in South Korea is closely related to the performance art and culture of the nation as the culture of putting on and enjoying a performance is deeply rooted in public culture and arts halls representing each area at the local government level. Today, public culture and arts halls have multiple management purposes, and the subjects of their management are in the public domain including the central and local governments or investment and donation foundations in overwhelming cases. Public culture and arts halls thus have close correlations with the institutional aspect of cultural policies as the objects of culture and art policies at the central and local government level. The full-blown era of public culture and arts halls opened up in the 1980s~1990s, during which multi-purpose performance halls of a similar structure became universal around the nation. Public culture and arts halls of the uniform shape were distributed around the nation with no premise of genre characteristics or local environments for arts, and this was attributed to the cultural policies of the military regime. The Park Chung-hee regime proclaimed Yusin that was beyond the Constitution and enacted the Culture and Arts Promotion Act(September, 1972), which was the first culture and arts act in the nation. Based on the act, a five-year plan for the promotion of culture and arts(1973) was made and led to the construction of cultural facilities. "Public culture and arts" halls or "culture" halls were built to serve multiple purposes around the nation because the Culture and Arts Promotion Act, which is called the starting point of the nation's legal system for culture and arts, defined "culture and arts" as "matters regarding literature, art, music, entertainment, and publications." The definition became a ground for the current "multi-purpose" concept. The organization of Ministry of Culture and Public Information set up a culture and administration system to state its supervision of "culture and arts" and distinguish popular culture from the promotion of arts. During the period, former President Park exhibited his perception of "culture=arts=culture and arts" in his speeches. Arts belonged to the category of culture, but it was considered as "culture and arts." There was no department devoted to arts policies when the act was enacted with a broad scope of culture accepted. This ambiguity worked as a mechanism to mobilize arts in ideological utilizations as a policy. Against this backdrop, the Sejong Center for the Performing Arts, a multi-purpose performance hall, was established in 1978 based on the Culture and Arts Promotion Act under the supervision of Ministry of Culture and Public Information. There were, however, conflicts of value over the issue of accepting the popular music among the "culture and arts = multiple purposes" of the system, "culture ≠ arts" of the cultural organization that pushed forward its establishment, and "culture and arts = arts" perceived by the powerful class. The new military regime seized power after Coup d'état of December 12, 1979 and failed at its culture policy of bringing the resistance force within the system. It tried to differentiate itself from the Park regime by converting the perception into "expansion of opportunities for the people to enjoy culture" to gain people's supports both from the side of resistance and that of support. For the Chun Doo-hwan regime, differentiating itself from the previous regime was to secure legitimacy. Expansion of opportunities to enjoy culture was pushed forward at the level of national distribution. This approach thus failed to settle down as a long-term policy of arts development, and the military regime tried to secure its legitimacy through the symbolism of hardware. During the period, the institutional ground for public culture and arts halls was based on the definition of "culture and arts" in the Culture and Arts Promotion Act enacted under the Yusin system of the Park regime. The "multi-purpose" concept, which was the management goal of public performance halls, was born based on this. In this context of the times, proscenium performance halls of a similar structure and public culture and arts halls with a similar management goal were established around the nation, leading to today's performance art and culture in the nation.

The Political Recognition Surrounding Candlelight Rally and Taegeukgi Rally: A Big Data Analytics on Online News Comments (촛불 집회와 태극기 집회를 둘러싼 정국 인식: 온라인 뉴스 댓글에 대한 빅데이터 분석)

  • Kim, ChanWoo;Jung, Byungkee
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.6
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    • pp.875-885
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    • 2018
  • This study analyzed the major issues of the Candlelight Rally and Taegukgi Rally registered in news comments of the politics section of the portal site from October 24, 2016 to March 19, 2017. We examined the political recognition of the two rallies with the Named Entity Recognition. The main analytical items are the responsibility for impeachment, the subject and method of settlement, and other major issues. As a result of the analysis, the comments of the Candlelight Rally focused on the impeachment support and the legal penalties of the regime ministers, and insisted on resolving the political situation through the next election after impeachment. The comments of the Taegukgi Rally focused on the rejection of the impeachment to maintain the regime and insisted on rejecting the impeachment of the Constitutional Court. The conflicts between the group that supported Candlelight Rallis and the group that supported Taegukgi rallies are predicted to last at least for the time being (Park Geun-hye's trial period) after the presidential election. After the impeachment of the President and replacement of the regime this conflict will develop into the confrontation between the pursuit of liquidation and new politics and the attempt to influence the trial of Park Geun-hye. Therefore, the efforts to integrate society in the aftermath are necessary.