• 제목/요약/키워드: Nullification

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WTO 보복조치의 동등요건에 관한 연구 (A Study on the Equivalence Requirement of WTO Retaliation)

  • 강수미
    • 한국중재학회지:중재연구
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    • 제23권2호
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    • pp.81-113
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    • 2013
  • The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

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역사의 재구성-세즈윅의 『린우드가』에 나타난 '미국' 건국과 여성의 역할 (Reconstructing History: Founding 'America' and Woman's Role in Sedgwick's The Linwoods)

  • 손정희
    • 영어영문학
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    • 제57권2호
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    • pp.265-284
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    • 2011
  • This paper examines how Sedgwick makes a political allegory of founding the nation in domestic terms in The Linwoods (1835). Set in the Revolutionary period, The Linwoods is a historical fiction reconstructed by the writer in order to diagnose currently controversial issues. In this aspect, Sedgwick's interest in history is genealogical in Foucaudian sense. Foucault's genealogical method provides a way of recuperating a part of history hidden, submerged, obliterated by the official history. Seen in a genealogical perspective, the story of the Linwoods can be viewed as a political allegory in order to explore political conflicts of Sedgwick's own day. Faced with the threat of national disunion presented in the Nullification Crisis of sectional conflicts and divisions, Sedgwick attempts to provide a fictional solution to the first serious challenge to the U. S. Constitution. Going back to the times around the American Revolution, Sedgwick emphasizes how strenuously the American Constitution of America was formed as the outcome of the war against the tyranny of Britain, and how the Union was made on the basis of the cooperation between the States. By posing a contrast of political positions between family members, Sedgwick imagines a family/nation that allows diverse political positions. The conclusion of a diversity of marriages between man and woman who agree to be united after overcoming their differences in political affiliations seems to show her conservative proclivity to support the Union. However, by emphasizing the principles of freedom and equality represented by the significant role of Isabella and Rose, an African-American slave, in the victory of the American Revolution, Sedgwick also supports the spirit of the Jacksonian American democracy.

소프트웨어 개발단계 Use-After-Free 보안약점 제거방안 연구 (A Study on the Remove Use-After-Free Security Weakness)

  • 박용구;최진영
    • 정보처리학회논문지:컴퓨터 및 통신 시스템
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    • 제6권1호
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    • pp.43-50
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    • 2017
  • 최근 컴퓨터 시스템 내부에 존재하는 웹 브라우저, 운영체제 커널 등에서 Use-After-Free 보안문제가 지속적으로 발생하고 있다. 해당 보안약점은 기존의 보안약점 탐지방법으로 제거하기 어려우며 소프트웨어 내부에 해당 보안약점이 존재할 경우 내부 보안에 심각한 영향을 미친다. 본 논문에서는 소프트웨어 개발 과정에서 해당 보안약점을 제거하기 위한 방안을 연구하였다. 이 과정에서 해당 보안약점의 발생 원인을 정리하고 이를 제거하기 위한 방법을 제시한다.

MTE 를 활용한 사용 후 해제 공격 방어기법 연구 (A Study on Defense Technique Against Use-After-Free Attacks Using MTE)

  • 황윤성;유준승;백윤흥
    • 한국정보처리학회:학술대회논문집
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    • 한국정보처리학회 2024년도 춘계학술발표대회
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    • pp.279-282
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    • 2024
  • The Use-after-free (UAF) bug is a long-standing temporal memory safety issue. To prevent UAF attacks, two commonly used approaches are lock-and-key and pointer nullification. Recently, ARM architecture supports the Memory Tagging Extension (MTE) that implemented a lock-and-key mechanism using a 4-bit tag during memory access. Previous research proposed a virtual address tagging scheme utilizing MTE to prevent UAF attacks. In this paper, we aimed to measure a simplified version of the previously proposed virtual address tagging scheme on real machines supporting MTE by implementing a simple module and conducting experiments.

Experimental Verification of Induction Phenomenon on Telecommunication Lines by Applying Its Occurrence Mechanisms Using an Artificial ELF Source Generator

  • Lee, Sang-Mu;Gimm, Yoon-Myoung;Eun, Chang-Soo
    • Journal of electromagnetic engineering and science
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    • 제10권4호
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    • pp.276-281
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    • 2010
  • In this paper, an electromagnetic induction on a telecommunication line by the distribution line of a power provision system or a feeder line of an electrified railway system has been verified through experiments. The basic cause of induction occurrence by these practical power provision systems is the returning current through the earth. This principle has been confirmed by the experiments documented in this paper which implemented these mechanisms to incur an induction. Experimental methods were used to produce the returning current through the earth. The experiment to find a relationship between inducing strength and the distance between the two phase lines in a power provision line has also been included to confirm that, when the distance is enlarged, the induction effect increases as the cross-nullification effect of magnetic fluxes decreases. An experiment for the existence of a shielding effect by another conduction length material has been addedas a protection measure against the induction.

보건의료전문가 출신 국회의원이 보건의료정책 형성에 미친 영향에 관한 연구 (A Study on Ex-Health Professional National Assembly Members' Influences on Health Care Policy Making in the National Assembly)

  • 류창욱;이재희
    • 보건행정학회지
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    • 제25권4호
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    • pp.307-322
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    • 2015
  • In most democratic countries, influential professional interest groups often become a part of the iron triangle in the policy making process. One of the typical methods by which professional interest groups participate in policy making process may be by having interest group members in the national assembly, who are sympathetic to the group, implementing policies through legislation. In this study we found that from the Constitutional National Assembly through the 18th National Assembly, 147 members of the National Assembly of the Republic of Korea have been ex health care professionals. The research analyzed the roles of these members in health care law amendments as requested by the professional organizations. This study analyzed 11 major cases that involved nullification or amendment of legislations in favor of the healthcare profession, against the basic policies of the government. The study showed that in the 11 major cases, policies were amended in the direction intended by the National Assembly members and other organizations with similar interests, which was against the policy stance of the government. However, these cases did not unilaterally imply that the National Assembly has been captured by the interest groups through the legislators with health care professional background; rather, they should be perceived to be influenced by the exhibited loss of governability by the government in respect to healthcare policy decisions, loss of initiative due to lack of controllability, and reversals and inconsistencies of the policies.

주식회사(株式會社) 이사(理事)의 자기거래(自己去來)와 형사책임(刑事責任) (Director's Self-Dealing and Criminal Liability)

  • 이존걸;김병기
    • 한국콘텐츠학회논문지
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    • 제9권9호
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    • pp.210-217
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    • 2009
  • 주식회사 이사자기거래의 문제는 주주와 채권자, 회사거래의 상대방 등 이해관계인의 보호의 필요성과 회사자본유지의 이념 그리고 경영현실의 필요성 등 여러 가지 고려사항 속에서 이사의 자기거래를 허용하되 거래의 공정성을 확보할 수 있도록 자기거래를 어떤 방법으로 적절하게 규제할 것인가가 중요한 과제이다. 자기거래는 상법 제622조의 특별배임죄의 처벌대상이 될 수도 있다. 우리 상법은 회사법의 기본이념인 기업의 유지 강화와 거래의 동적인 안정을 보장하고, 기업경영의 건전성과 투명성을 확보하기 위하여 배당 규제와 공개규제를 절차적으로 강화하고 있다. 또한 이에 관여한 행위자들에 대한 형사책임도 병행하여 강화해가는 추세에 있다. 하지만 급변하는 경영현실 속에서 과연 이사의 자기거래가 형사처벌의 대상이 되는 것이 타당한지는 고민할 문제이며, 이에 대하여 영미법상의 경영판단의 원칙을 고려함이 필요할 것으로 보여 진다.