• Title/Summary/Keyword: PROPERTY RIGHT

Search Result 444, Processing Time 0.026 seconds

Study on the Way of Improvement by Analyzing the Problem Revealed in Current Cadastral Resurvey Project (현 지적재조사사업에 나타난 문제점분석에 의한 개선방향연구)

  • Kim, Uk Nam;Choi, Seung Pil
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
    • /
    • v.32 no.spc4_2
    • /
    • pp.431-442
    • /
    • 2014
  • The cadastral resurvey project has been planned for 19 years, from 2012 to 2030, which refers that now is at the beginning stage. The aim of a project was to correct the registration of cadastral register, which was not corresponding to the actual circumstances. As a national project, the government has been charged of this project to achieve the effective land management and protect the property rights of people, by changing analogue cadastral surveyed in 1910 to digital cadastral. On this paper, we focused on reinvestigating the principle of cadastral resurvey project and suggesting better solutions for problems, so as minimizing numbers of trials and errors in the project.

Current Issues & Prospects of International Space Law

  • Zwaan, Tanja Masson
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.25 no.1
    • /
    • pp.237-259
    • /
    • 2010
  • This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

  • PDF

A Study on the Plans for Activating Parallel Importation (병행수입 활성화 방안에 관한 연구)

  • Kang, Heuong-Jung;Wee, Sang-Woo
    • Korea Trade Review
    • /
    • v.42 no.6
    • /
    • pp.27-50
    • /
    • 2017
  • This study is to present practical plan to stimulate Parallel Import Policies, Which is one of the government policies to drop import prices of imported goods. Although, preliminary studies focused on legal aspects related to Intellectual Property Right, from the perspective of trade, we conducted a study on economic aspects through parallel import, consumer welfare, etc. For this study, the parallel import system of the United States and Japan was compared with Korea and the domestic parallel import market status was analyzed by comparing market price. According to the study, the current parallel import system lacked the limits of government regulation and distribution market structure. It proposed practical plans such as political suggestions and changes in distribution structure. This study is meaningful in analyzing the problem of parallel imports that currently occur in the Korea market based on data concerning parallel imports in practical terms

  • PDF

Music License in the Metaverse

  • Kyungsuk Kim
    • International journal of advanced smart convergence
    • /
    • v.12 no.4
    • /
    • pp.44-54
    • /
    • 2023
  • This paper provides a comprehensive analysis of the implications of the metaverse on the music industry, focusing on copyright issues and potential solutions. It delves into the concept and characteristics of metaverse platforms, describing them as environments that immerse users in a variety of virtual experiences. A significant portion of the paper is dedicated to exploring music use and copyright infringement in the metaverse. It examines how users incorporate existing music into their content, often leading to legal challenges due to copyright infringement. The paper discusses the role of online service providers (OSPs) in this context and the legal implications of their actions. The paper also addresses the 'safe harbor' provisions for OSPs and examines the balance between protecting rights holders and limiting OSP liability. It highlights the challenges and limitations of copyright enforcement in the metaverse, especially given the unique nature of content on platforms such as Roblox. Finally, the article proposes solutions to simplify music licensing in the metaverse, suggesting a shift from property rules to liability rules and the establishment of Collective Management Organizations (CMOs) to streamline the licensing process and better protect copyright holders' interests.

A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods- (국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 -)

  • Jeong, Hee-Jin
    • Korea Trade Review
    • /
    • v.42 no.1
    • /
    • pp.27-45
    • /
    • 2017
  • A new phenomenon in recent trade is the rising interest in the trade of product production and manufacturing methods themselves, unlike in the past, when the interest was focused on the trade of tangible goods. That is, technology is considered as the object of trade instead of a simple element of production as "technology itself is commercialized". The broad meaning of technology encompasses all the property of knowledge with economic value. Its narrow meaning refers to technology used to produce and manufacture goods. Technologies have features such as no forms, heterogeneity, accumulation of value and extinction of right. The trade of technology commands different styles and content from that of tangible goods due to their unique characteristics; and accordingly, has various risk factors. In other words, technology can be traded in various ways according to commercial objectives including licensing, technical partnership, and joint investment in addition to general trading. The specific forms of technology transfer strategies depend on the purposes and situations between corporations. In case of technical trade with any form, the parties should be cautious about the following practical aspects: First, the contract should clearly define the scope and transfer method of technology. It is a very important matter how the provider of technology will provide the user of technology with abstract technology with no substantiality. Second, a monopoly on technology recognized as intellectual property rights is granted to their inventors for some periods of time, but anyone can have access to that technology after the term of existence. Thus, it is important to check the terms of existence of a patent as well as the terms of contract. Third, the user of technology should fulfill his confidentiality obligation to prevent the technology of the provider from being leaked to a third party unjustly. Fourth, the provider of technology should make a contribution to the successful implementation of the technology by the user as well as provide the licensed technology. Finally, a model contract is recommended to minimizing the legal hiatus of complex technology transfer trade when concluding a contract.

  • PDF

A Study on the Reform Measures for the Act on the Acqusition of Land for the Public Undertakings and Compensation : Focused on the Case of Harbor Construction ("공익사업을 위한 토지 등의 취득 및 보상에 관한 법률"에 의한 어업보상 적용사례와 문제점 및 개선방안에 대한 연구 : 항만 개발사업을 중심으로)

  • Moon, Jeong-Gab;Kang, Yong-Joo
    • The Journal of Fisheries Business Administration
    • /
    • v.37 no.3 s.72
    • /
    • pp.85-108
    • /
    • 2006
  • The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

  • PDF

Legal Study on Corporate Governance in China (중국법에 의한 기업지배구조에 관한 연구)

  • Kim, Jung-Ihl
    • The Journal of the Korea Contents Association
    • /
    • v.6 no.11
    • /
    • pp.8-14
    • /
    • 2006
  • With an analysis of government owned corporations based on Chinese law as a subject and in the light of comparing and assessing intra-company domination called internal management organization with the domination structure of already established advanced nations, the objective of this study is to analyze the reality and possibility of company domination structure of Chinese government owned corporations. Especially, the intra-company domination structure in China from the points of view such as general meeting of stock holders, director and board of directors, and board of auditors, this study examines the direction toward which internal domination organizations in China form. Also, related to chinese corporations, the study proposes the model in which the possession right of general meeting of stock holders, corporation property right of board of directors, corporation representative right of the senior executive and superintendency of board of auditors are mutually restricted and inter-connected.

  • PDF

A Study on Invasion of Privacy and Right to be forgotten by Internet Cookie Technology (인터넷 쿠키로 인한 프라이버시 침해와 잊혀질 권리에 관한 연구)

  • Choi, Younsung;Kwon, Oh-Geol;Won, Dongho
    • Journal of Internet Computing and Services
    • /
    • v.17 no.2
    • /
    • pp.77-85
    • /
    • 2016
  • Internet cookie technology is designed for solving unreliable problem of HTTP's inherent property and notifying user's previous activity to web site's server, so it is useful to provide suitable service for individual user. However, the cookie techniques are becoming more sophisticated such as the third cookie and super cookie. And its included information is applied for advertisement and target marketing strategy, so the problem occurs that user's personal information is collected excessively. However, our law does not recognize the internet cookie as personal information so user cannot know where own internet cookie is stored and applicable. Therefore, in this paper, we explain the internet cookie technology, the privacy invasion and right to be forgotten for solving problem due to the internet cookie. And we analysis the relationship between the information of internet cookie and personal information, and then present the improvement requirement on the law and technology to use internet cookie securely and conveniently.

National Health Insurance and the Responsibility of the Parliament (국민건강보험과 의회의 책임성)

  • Lee, Shin-Yong
    • Korean Journal of Social Welfare
    • /
    • v.60 no.3
    • /
    • pp.201-230
    • /
    • 2008
  • While the constitutional states emerged in the period of the constitutional monarchies to protect freedom and property of citizens from a illegal trespass of monarchs, the passive role of the constitutional states to protect them was changed in the modern parliamentary democracy in which the state is to play an active role to realize the basic rights. Today the state giving chances and social benefits to citizens plays a very important role so that the people may to enjoy a free life as a citizen. In the modern parliamentary democracy the role of the state, therefore, is transformed form passive roles to active ones realizing the basic rights for citizens. The active role of the state to embody the basic rights asks the parliament to bear more the responsibility for making laws than ever before. In the modern welfare state social rights are also recognized as a basic right. In this sense the parliament should play a active role to realize the social rights. But the Korean parliament excessively turns over his legislative right on the basis of a delegated legislation to the Administration. It does not fulfill its responsibility for which the modern parliamentary democracy asks. To realize the social rights the Korean parliament should play a more active role.

  • PDF

A Review on the Relationship of the Life Salvage and its Remuneration (해상인명구조와 보상체계에 관한 고찰)

  • Lee, Jung-won
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.491-524
    • /
    • 2017
  • Under the general maritime law, a life salvor has no claim against the person saved, and a pure life salvor has no right to compensation from the owner of the ship or its cargo. This harsh rule, which treats the salvor of life less generously than the salvor of property, has been modified by international conventions, statutes, so that life salvors may expect a reward in most cases. It is, especially, unreasonable that a prerequisite of a salvage award is that at least some of the property must be saved, because life of a person can not be compared to values of goods such as vessels and cargoes. Also it is not understandable that only pure life salvors can not expect a reward for the saving of life from the owners of the property. In the meantime, according to Article 39 of the Korean Maritime Search and Rescue Act (hereunder, KMSARA), any person who has gave assistance and rescued in accordance with a governmental officer's order may get a compensation for their time and labour. The above mentioned compensation which is stemmed from the KMSARA may play a role as a compliment for the lack of enough compensation to a life salvor. This means that even though a life salvor failed to save property, he may expect a minimum compensation from the KMSARA. However, it should be recognized that when a life salvor is entitled to both remuneration for the salvage of life and recourse of expenditures from the KMSARA, the total remuneration shall be paid only if and to the extent that such remuneration is greater than any reward recoverable by the salvor under the Korean Commercial Code and the KMSARA.