• Title/Summary/Keyword: Market-Share Liability

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International Liability for Damage Caused by Space Debris (우주잔해 손해에 대한 국제책임)

  • Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.173-205
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    • 2008
  • Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.

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A Study on Main Issues of the Constitutional Petition against "the Newspaper Law" (신문법 위헌소송의 주요 쟁점에 관한 연구)

  • Lee, Yong-Sung
    • Korean journal of communication and information
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    • v.33
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    • pp.227-251
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    • 2006
  • The Law Ensuring the Freedom and the Functions of Liability of the Newspapers ("The Newspaper Law") which was passed in the National Assembly on January 1, 2005 is considered as a tremendous setback compared to "the Newspaper Bill" of civil press organizations. Of the two instruments to ensure the editorial freedom, the regulation on the newspaper company ownership share distribution was eliminated and the editorial committee (editorial codes of ethics) became an arbitrary system. That is, the Newspaper Law was criticized as a law of "half-success." However, the Newspaper Law has its own benefit by institutionalizing the establishment of the Korea Commission for the Press, the Press Fund, and the Korea Newspaper Circulation Service for Promoting Newspaper Businesses and by strengthening the criteria to estimate market dominant businesspeople in newspaper market than general markets to ensure the diversity of public opinions. As the Newspaper Law was promulgated, Donga-Ilbo and Chosun-Ilbo submitted the Constitutional Petition against "the Newspaper Law" and the Constitutional Court is expected to give the decision soon. Based on the "Supplements on the Grounds of the Constitutional Petition against the Newspaper Law" ("the Petition"), this paper will examine the main issues of the debates over the Constitutionality of the Newspaper Law.

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The Impact of Innovation on Operational Performance in Chinese High-Tech Enterprises

  • Liping Yuan;Minghao Huang
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.2
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    • pp.179-195
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    • 2024
  • The technological innovation of high-tech enterprises plays a positive driving role in operational performance. Investigating the factors influencing the operational performance of high-tech enterprises and the effects of technological innovation on operational performance is a targeted approach to promoting the growth of economic benefits and enhancing the foundation of enterprise efficiency. Additionally, it holds positive significance for the increase in market share of high-tech enterprises. This paper, considering the characteristics of high-tech enterprises, selects three influencing factors: research and development (R&D) investment intensity, the number of authorized patents, and the increment of intangible assets. Theoretical analysis is conducted on the impact mechanism and effects of these factors on operational performance. Based on this, empirical analysis is performed using relevant data of Chinese high-tech enterprises from 2011 to 2019. The study indicates that R&D investment intensity has a significant positive promoting effect on operational performance, the number of authorized patents also positively influences operational performance significantly, while the asset-liability ratio of high-tech enterprises has a notable inhibitory effect on operational performance. Finally, relevant recommendations are proposed.