• Title/Summary/Keyword: Notice

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New gTLD Program: Uniform Rapid Suspension System and Trademark Clearinghouse (신규 일반 최상위 도메인의 도입과 통일신속정지제도(URS)에 대한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.113-131
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    • 2011
  • Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced the expansion of the number of generic top-level domains (gTLDs) beyond the current 22 gTLDs, and the gTLD Applicant Guidebook for ICANN's new gTLD program is now under consideration for approval. ICANN also introduces a "Trademark Clearinghouse" and the "Uniform Rapid Suspension (URS)" procedure to protect trademarks and expedite dispute resolution and save costs. The Trademark Clearinghouse is a central repository for information to be authenticated, stored and disseminated, pertaining to the rights of the trademark holders. Trademark holders would voluntarily provide data of their trademarks from all over the world, and it would assist a trademark watch service provided by the new gTLD registry for trademark holders and potential domain name registrants. The URS is a part of the new gTLD dispute resolution mechanisms created by ICANN to resolve cybersquatting disputes. A complainant in a URS proceeding must establish three elements that are very similar to the existing UDRP to succeed, but supposedly more expedited and cost efficient. Since the URS provides that it only protects court validated and registered trademarks, it is not clear whether unregistered marks used in commerce are protected under the URS. The URS escalates the complainant's burden of proof from a preponderance of evidence standard under the UDRP to a clear and convincing evidence standard. The notices to a respondent shall be sufficient if the URS Provider sends the notice of Complaint to the addresses listed in the Whois contact information. As registrants who wish to conceal their true identity often subscribe to the privacy/proxy service and the complainant's high rate of success in the UDRP proceeding is relevant to the respondents' default rate, the URS's simple notice requirement would deprive respondents of a fair opportunity to assert their rights over the disputed domain names.

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A Study on the Draft and Issues for the Revision of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙 개정안의 내용과 쟁점에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.43-70
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    • 2007
  • The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

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A Study on the Time of Examination of Buyer in Contract for International Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 매수인(買受人)의 물품검사시기(物品檢査時期))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.63-82
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    • 2003
  • The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

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The Impacts of Community Participation on Regional Health Planning Process (지역보건의료계획 수립과정에서의 주민참여실태와 이에 미치는 영향)

  • 김성옥;송건용
    • Health Policy and Management
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    • v.8 no.1
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    • pp.112-134
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    • 1998
  • The purpose of this study is to analyze the community participation in regional health planning by using the operational definition of participation channels, and to find out the significant variables of community participation channel which are highly related to the scores of regional health plan. The channels we adopted for the study are recommended in the guidebook for regional health planning. They are performing residents' helath survey, submitting written agreement of publics, holding public hearings, putting publicnotice, conducting community health committee meeting, submitting opinion of chambers and Mayors, and operating task-force for planning. We analyzed the selected data of 8 community participation channels, which were submitted by 141 rural health centers for the pursuit of governmental subsidy in 1997. The major findings of this study are as follows; 1. In the process of regional health planning, 88.7% of rural community health centers have performed the residents' health survey, 14.9% submitted written agreement of publics, 11.3% held public hearings, 39.0% put public notice, 46.8% conducting community health committee meeting, 48.9% submitted opinion of chambers, 61.7% submitted opinion of Mayors and 25.5% operated task-force for planning. The result shows that most of community participation channels have been utilized at very low rates, except the residents' health survey. 2. We have analyzed the impact of these community participation channels on the regional health plan scores. In the multiple regression model, we set the regional health plan score as the dependent variable., and the use of participation channels as the idependent variables(1 if the channels are used, 0 otherwise). Finally, the regression analyses show that two channel variables, opinion of chambers and public notice, were the significant positive channel variables on the score of community health plan.

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A Study on Teacher's Pre-Noticing and Actual Noticing in Mathematics Classroom (교사의 사전 주목하기와 수학수업에서 실제 주목하기에 대한 연구)

  • Lee, Eun Jung;Lee, Kyeong-Hwa
    • School Mathematics
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    • v.18 no.4
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    • pp.773-791
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    • 2016
  • Teacher noticing ability has been considered as one of important elements influencing a quality of teaching. Noticing is closely related to teachers' in the moment decision making in a class, and teachers notice things as they create and interact with their classroom setting. Mathematics teachers as an expert should notice students' mathematics learning during a class. The aim of this study was to analyze how mathematics teacher's pre-noticing activity that the teacher anticipated students' typical strategies and difficulties in learning targeted mathematics knowledge and prepared appropriate responses worked in practice. As a result, the teacher conducted three types of noticing in her classes: noticing shaping students' understanding by using students' misconceptions or errors; noticing creating students' learning opportunities based on their prior knowledge; noticing improving students' informal reasoning. This study concluded with discussion about the positive effect of teacher's pre-noticing activity on her actual noticing in practice, as well as implications for teacher education.

A Study on the State of Fashion Marketing Using the SNS -Focused on the Facebook- (SNS를 이용한 패션업체의 마케팅 실태 연구 -Facebook을 중심으로-)

  • Kim, Tae-Jin;Chin, Seong-Ah
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.5
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    • pp.2305-2312
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    • 2012
  • Rapid evolutions in recent years related to IT (information technology) which has been exceedingly developed make it possible to utilize its application in broad fields as providing a convenient way to gather and to reuse information. As smart phones have been sporadic nowadays which boost increase of SNS in real-time making more dynamic, it is becoming more worthful as a marketing tool in the field of fashion area. In this study, we have explored some case studies in which they are actively using Facebook. We have selected 10 fashion brands to compare their activities in boards containing 'notice', 'like this', 'people talking about this' and 'event'. We also conduct the correlation analysis between the indicators above, using Spearman's rank correlation coefficient. As a consequence, we can confirm that 'notice' highly correlates with 'like this', but we cannot find any other correlations between the other factors. As a reasult, marketing in Facebook is more efficient communication way between the companies and customers than using other current mass media, it shows that SNS in fashion marketing could be an innovative solution to overcome current limitations caused probably by lack of communications.

A Study on the Revision of Man-day Cost Calculation Method for Information and Communication Facilities Construction Supervision (정보통신설비공사 감리대가 품셈개정에 관한 연구)

  • Lee, Jin-Ho;Kang, Byeong-Gwon
    • Journal of Convergence for Information Technology
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    • v.10 no.2
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    • pp.1-8
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    • 2020
  • The standardized procurement of supervisory cost for the construction of domestic Information and Communication Technology(ICT) facilities, which is announced by the Korea Engineering and Construction Association in May 2009, has been applied in the public institutions and private industries. However, the previous standardized procurement is not widely applied in recent years because the ICT and social economic environment have been rapidly changed and the previous equations to calculate the supervisory cost is not simplified. As results, the needs for a new standardized procurement has been increased and the Ministry of Industry, Commerce and Energy has published a notice with new standard procurement. In this paper, we provide the explanation of the background and the derivation process of the notice based on authors' experiences of project participation. As research method, we compare the previous mad-day cost of ICT construction and that of another area including electric facility construction, and then we explain a new procurement equation based on WBS(Work Breakdown Structure).

Design of Advanced Monitoring Concept to Strengthen the Performance of Marine DGPS (항만 DGPS의 성능을 강화하기 위한 향상된 감시 개념 설계)

  • Shin, Mi-Young;Ko, Jae-Young;Han, Young-Hhoon;Kim, Young-Ki;Seo, Ki-Yeol
    • Journal of Navigation and Port Research
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    • v.40 no.1
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    • pp.21-26
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    • 2016
  • Even in the marine industry was required the looser positioning performance as compared to other application domain, a high-quality positioning performance and reliability are becoming ever more important. The high-quality performance includes not only accuracy but also integrity, continuity, and availability. However, current DGPS service is not satisfying the minimum positioning performance requirements for maritime user proposed by IMO. Especially, no one can guarantee the required integrity performance by DGPS service. This paper presents the advanced monitoring concept to strengthen the performance of current DGPS through the enhanced monitoring, guarantee and notice functions. To this, the limitations of the integrity monitoring function of current DGPS are analyzed, and a countermeasure is prepared to improve the limitations of the current integrity monitoring function. This paper can be applied as basis research to improvement of the DGPS service.

Derivation of regional annual mean rainfall erosivity for predicting topsoil erosion in Korea (표토침식량 산정을 위한 지역별 연평균 강우침식인자 유도)

  • Lee, Joon-Hak
    • Journal of Korea Water Resources Association
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    • v.51 no.9
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    • pp.783-793
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    • 2018
  • The purpose of this study to present updated regional annual mean rainfall erosivity data in the Republic of Korea. In 2012, Ministry of Environment in Korea published the notice about investigation and survey procedure for the amount of topsoil erosion and adopted USLE (Universal Soil Loss Equation) model to predict the amount of national-scale soil erosion in Korea. In the notice, regional rainfall erosivity values for 158 sites, which is essential to apply the USLE, were included, however, these values came from the data made before 1997 and need to be updated. This study collected, classified and combined annual mean rainfall erosivity data from the literature review to analyze the data. We presented that new iso-erodent map, interpolated by IDW (Inverse Distance Weighted) method and extracted updated regional annual mean rainfall erosivity data at 167 regions for 1961~2015. These values will be used as updated rainfall erosivity data to predict the amount of topsoil erosion in Korea.

A Study on the Improvement of the Standards of Backfill Materials for Underground Pipelines Carrying Natural Gas (도시가스 배관용 되메움재 기준 개선에 관한 연구)

  • Ryou, Young-Don;Kwak, Che-Sik;Ryu, Young-Jo;Lee, Su-Kyung
    • Journal of the Korean Institute of Gas
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    • v.12 no.3
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    • pp.75-80
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    • 2008
  • According to the Integrated Notice on City Gas Safety Management Standards, materials for bedding and foundation which are around the pipe should be sands or fine grade soil without large particle that is more than 19 mm size. However, sands are mostly used at gas pipeline construction sites and this causes a shortage of sands and an increase of construction costs. It even causes the disruption of natural environment. In order to improve the standards of backfill material, we have researched regulations in other countries and investigated the pipeline construction sites to survey the present state of backfilling. We also have studied what the bedding and foundation materials affect on buried gas pipelines. Lastly, we have suggested suitable materials for bedding and foundation besides sands. We are sure this paper help the government amend the Notice about backfill materials.

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