• The Magazine of the Society of Air-Conditioning and Refrigerating Engineers of Korea
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• v.17 no.4
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• pp.418-425
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• 1988

Since conventional computer program is workable only with velocity boundary condition, in practical fluid passage such as clean room which usually have wide inlets and outlets, it is not easy to measure velocity itself because of its vector property. Furthermore a certain assumption of velocity at boundaries may lead to physically unreasonable results. From this motivation, we have developed a computer program to predict whole flow field imposed on pressure-based boundary condition which can be measured by relatively simple method. The only additional velocity boundary condition that should be imposed on to make the problem unique, are no slip condition at all walls and zero cross stream velocity at inlet. The result of present study was compared with that by Bernoulli equation being used practically. They were coincident well each other within 5%, therefore the validity of the present method is proved. In the present work, the flow field in a clean room subject to pressure-based boundary conditions at an inlet and two exits was predicted numerically. The pressure difference between the inlet and the left exit which keeps relatively low pressure among two exits is fixed as 150[Pa] and the pressure at the right exit is varied from zero to 150[Pa] by the increment of 25[Pa]. For each cases the flow characteristics in the clean room, the velocity profile at the inlet, and the flow rate through the two exits was predicted. The flow rate through the right exit imposed on relatively higher pressure than the left exit decreased linearly according to the increase of pressure of the right exit. When the pressure of the right exit is increased enough to cause back flow at the exit, the flow rate is rapidly decreased.

• The Journal of the Korea Contents Association
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• v.21 no.6
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• pp.228-236
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• 2021

This research investigates the causes of infringements related to authors' moral rights which has most conflict among moral rights of authorship, through analysis of judicial precedents and compare whether there subsists any differences in viewpoints between judicial precedent trend and those on behind the scene of broadcast production. Copyright is divided into intellectual property and moral rights of authorship. Right to the integrity of the work is part of moral rights of authorship and produce one content and used in various media. When the edit is needed to fit the organization and advertisement time, advanced consultation from the rightful owner or written consent is needed. However, under the time pressure or ignorance of copyright, the arbitrary edits are made and content is used. This infringes the right of the integrity of the work. When we produce and use cinematographic works and other audiovisual works, there are considerable variablilies stemming from authorship, production cost and program staff. Therefore, prior conscent is needed to acquire and use the copyright in a proper manner. However, due to production-oriented environment and low understanding of the copyright protection, we usually depend on the users' work practices rhather than insufficiency of copyright laws in dealing with the infringement of right to the industry. In conclusion, we need to provide meticulous work manual and to focus on systematic eduction of professional copyright manpower.

• The Journal of Fisheries Business Administration
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• v.22 no.1
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• pp.1-52
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• 1991

This study deals with the evolutional history of the holding and utilization of fisheries resources in Korea. Fisheries resources have the basic characteristics of the density dependent self-regulating renewable and common property resources, Irrational utilization of fisheries resources is mainly due to the unlimited access to the resources. The holding and utilization of fisheries resources in Koryo era was opened to everyone. But it was nationalized in the early Yi Dynasty. The purpose of its nationalization was to provent the paticular powered-man with their monoplized holding and to levy fisheries tax. Eoeop-peop, the first modern fisheries law in Korea, was enacted as a part of the invasion policy of Japan in 1908. With the japanese annexation of Korea in 1910, the Japanese Government established a new institutional system of fisheries as a part of an overall reformation of the institutional for an implementation of the colonial policy. It was very the new enacted Fisheries Law (Gyogyorei). Also the Government enacted compulsorily another new Fisheries Law (Chosen Gyogyorei) with its adjunct laws and regulations revise the institutional system of fisheries on May 1, 1930. After Eoeop-peop enactment, the fisheries resources in Korea could be used only under the license, permission, and statement. After Korea was from Japan in 1945, Korea Government at last enacted the new fisheries law (Susaneop-peop) in 1953. The goal of Susaneop-peop was to achive the general usage and protection of the fisheries resources, and to attain the development and democratization of the fishery in Korea. This law was amended 13 times until 1990. The license fishery have a legal right on the fishery, called a fishery rigt. This right means a right of exclusive occupation and utilization of a unit of the inshore fishing grounds. The main evolutional issues of license fishery are as the following : 1) the foundation of the exclusive usable fishery right(1911, Gyogyorei), 2) the deletion of the settled U9space lift net and settled space sein net fishery, and the expansion of the cooperative fishery-No.1, 2, and 3 type cooperative fishery-(3rd amendment, 1963), 3) the deletion of the No.2 and 3 type cooperative fishery, and the separation of the culturing fishery in No.1 and 2 type culturing fishery (13th amendment, 1990). The effective period of the license fishery was amended as the following : 1) 1908(Eoeop-peop) : within 10 years, renovation system, 2) 1929(Chosen Gyogyorei) : within 10 years, unlimited extension system, 3) 1971. 7th amendment : 10 years, renovation system, 4) 1972. 8th amendment : 10 years, only 1 extension system, 5) 1975. 9th amendment : 5-10 years, only 1 extension system, 6) 1990.13th amendment : 10 years, within 10 years of total extensional years. The priority order of the fishery license was established in 1953 (Susaneop-peop). The amendment of it is as follows : 1) 1953. enactment \circled1 the fishing grounds that the fishery right is extablished 1st order : the existing fishery right man, unlimited renovation 2nd order : the corporate that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the corporate that the regional fisherfolk organized 2nd order : the rest experienced fishermen 2) 1971. 9th amendment \circled1 the fishing grounds that the fishery right is established 1st order : the existing fishery right man, unlimited renovation 2nd order : the Eochongye that the regional fisherfolk organized 3rd order : the regional fishery cooperative that the regional fisherfolk organized 4th order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen 3) 1981. 10th amendment \circled1 the inside of No.1 type cooperative fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd orer : the rest experienced fishermen 4) 1990. 13th amendment \circled1 No.1 type cultural fishery 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 No.2 type cultural and settle fisher : general priority order The effective period of the permission fishery was amended 6 timed. First, it was within 5 years and renovation system (Eoeop-peop). Now it is 5 years and renovation system. The effective period of the statement fishery was amended 4 times. First, it was within 5 years, and then was amended within 3 years(Chonsen Gyogyorei). Now it is 5 years.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.10 no.8
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• pp.1407-1413
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• 2006

The field of medical images has been digitalized as the development of computer and the digitalization of the medical instruments. As a result it causes a lot of problems such as an illegal copy related to medical images and property right of the medical images. Therefore, digital watermarking is used for discrimination whether the data are modified or not. It is also used to protect both the property right of medical images and the private life of many patients. The proposed theories, the Non-blind and the Blind method, have two problems. One is needed an original image and the other is using a gaussian watermarking. This paper proposes the new Blind Watermarking using binary images in order to easily recognize the results of watermark. This algorism is described that an watermark of a binary image is wavelet-transformed, and then a transformed watermark is inserted in medium-band of frequency domains of original image by the Circular Input method. This method don't have any loss when image didn't have any attack. As a result Watermark can be perfectly extracted by using this algorithm. And Maximam PSNR value is improved 3.35dB. This algorithm will be improved by using gray level image and color image.

• Journal of Agricultural Extension & Community Development
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• v.21 no.3
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• pp.243-269
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• 2014

Traditional agriculture technology is absolutely valuable not only to preserve biological diversity but construct an eco-friendly agricultural system. As the awareness of food safety has been growing, traditional technologies in the past agriculture literatures have obtained more attention sine chemical or synthesized fertilizer and agricultural pesticide were not used in these traditional agriculture ways. This study aims to evaluate development values on six kinds of agriculture literatures published before initial 1970s using Delphi technique and Correspondence analysis. The domains of assesment are include livestock sanitation, breeding management, feeding program and an extra part which 261 traditional agriculture technologies were first extracted from. From these technologies, livestock experts deducted 228 items and selected items more than 3.0 from all three areas including usefulness, scientific characteristic and economical efficiency utilizing Delphi technique.: 35 items from usefulness, 31 items from scientific characteristic, and 18 items from economical efficiency. The 23 technology items were finalized after adding five modern feasibility items recommended by experts to 18 items gaining more than 3.0 in at least three areas. The agriculture technologies were categorized into four areas where were analyzed using Correspondence analysis. The results revealed that 'sustainable farming technology', 'scientific character verification', ' modernized technology development', and 'intellectual property right' were placed closely one another except 'economy efficiency'. The result implicated that scientific verification and economy efficiency should be considered in order to sustain traditional agriculture technology into a modernized way and to protect intellectual property right of these technologies.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.113-146
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• 2005

Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

• Management & Information Systems Review
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• v.32 no.1
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• pp.195-216
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• 2013

This Study investigates evaluation policies for goodwill under the current tax law and suggests improvements as follows. First, even though not appear on the financial statements of acquiree at the date of acquisition, the current corporate tax raw regulates that firms need to estimate purchased goodwill including acquisition amount and additionally recognizable intangible property right with no distinction. According to this rule, purchased goodwill from business combination under the current tax raw has a drawback in overestimating. So, there is need of further improvement on the current related purchased goodwill regime to distinguish additionally recognized intangible property right from purchased goodwill. Second, in the consideration of internally generated goodwill, suggested in the current inheritance and gift tax act as a supplementary evaluation technique, the estimated value of goodwill may contain some bias, since the current regulation uniformly applies to all the companies with no industry characteristics. This may particularly become problematic while computing abnormal earnings, uniformly applying the 10% normal return to all the companies since the normal return is not likely to reflect industry characteristics and thus the computed abnormal earnings may be biased. Therefore, there is need to revise the current regulation relating to the normal return, to convert from the existing 10% rule to the industry average rate of return method.