• Title/Summary/Keyword: PROPERTY RIGHT

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A Study of the Film Director's Status and Role on the Basis of French Director's Contracts (프랑스영화감독계약서에서 본 감독의 지위와 역할)

  • ROH, Chul-Hwan
    • Trans-
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    • v.2
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    • pp.75-94
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    • 2017
  • The film director is the responsible for artistic quality of the film. In Hollywood, the director considered as a technician only visualizes the given scenario. In the 1950s, young critics of the Cahiers du cinéma, who were at the center of Nouvelle Vague, re-qualified some Hollywood directors, for example Alfred Hitchcock, Howard Hawks and John Ford. They are considered "auteurs(authors)" because their films have their own styles. In France, the word "auteur-directoir" is often used in the film production. It refers to the person who writes the original screenplay of a movie. Auteur's legal definition of copyright is set out in Article L.111-1 of the Intellectual Property Code: "the auteur of a work of the mind enjoys the work by reason only of its creation, of an exclusive intangible property right and opposable to all. On the other hand, in the definition of producer, it is the natural or legal person who takes the initiative and responsibility for the realization of the work according to Article L. 132-23 of the same code. We study here the competence and responsibility of the French director as an "auteur" by consulting the two types of contract: director-technician and author-director. We rant to offer a reflection on the position of the film director and the relationship between the director and the producer.

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Material Characteristics and Nondestructive Deterioration Assessment for the Celestial Chart Stone, Korea (천상열차분야지도 각석의 재질특성과 비파괴 훼손도 평가)

  • Yoo, Ji Hyun;Lee, Myeong Seong;Choie, Myoungju;Ahn, Yu Bin;Kim, Yuri
    • The Journal of the Petrological Society of Korea
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    • v.27 no.4
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    • pp.207-222
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    • 2018
  • Celestial Chart Stones (original and reproduction) in the National Palace Museum are representative scientific cultural heritage of Korea. Material analysis and nondestructive deterioration assessment were conducted for long-term preservation of these stones. Material analysis revealed that the original was composed of slate and the reproduction was made of dolostone. The original consists of quartz, mica, dolomite minerals, while the reproduction was made up of dolomite, calcite and forsterite. Major deterioration factors of the original stone were cracks and breakouts. In case of the reproduction, scratches and artificial materials were mainly observed. The green and black surface contaminants present at the sides and back of the two celestial chart stones were interpreted as resin-based paint materials. The physical property evaluation using ultrasonic velocity showed a low velocity in the upper left side of the original, while the front right side of the reproduction showed a weak property. Meanwhile, the To-Tc method using ultrasonic velocity was applied to major cracks that impede stability of the original. As a result, it has been calculated that the beginning and the center of the crack are the deepest.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

A Study on Legal Issues with Airline Over-booking Practice (항공권 초과예약의 법률적 문제에 관한 연구)

  • Jeong, Jun-Sik;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.143-166
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    • 2012
  • This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

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Effect of Irradiation on the Color, Microbiological Quality, and Sensory Attributes of Frozen Ground Beef, Pork, and Chicken after 6 Months at $-6^{\circ}C$

  • Waje, Catherine;Kim, Mi-Yeung;Nam, Ki-Chang;Jo, Cheo-Run;Kim, Dong-Ho;Lee, Ju-Woon;Kwon, Joong-Ho
    • Food Science and Biotechnology
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    • v.17 no.1
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    • pp.212-215
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    • 2008
  • The effect of gamma irradiation on the Hunter color values, microbiological quality, and sensory attributes of frozen ground beef, pork, and chicken was investigated. Fresh meat samples were purchased from local markets, packed and frozen in polyethylene bags, and irradiated at 5 kGy. The Hunter's L-values (lightness) were not significantly different in all the meat samples after irradiation, but the a-values (redness) were higher in the irradiated beef and pork than the non-irradiated ones. After 6 months of storage at $-6^{\circ}C$, the L-values increased in all the meat samples and the a-value in chicken was lower in the irradiated sample than that of the control. The microbial counts decreased in all the samples right after irradiation, but the coliforms and yeasts & molds increased by 1-2 log cycles after 6 months even under frozen state. The overall acceptability of the meat was not affected by irradiation. Panelists had a higher likeness for the increased redness in irradiated beef. In general, only the color changes in meat as a result of irradiation were found to be species-dependent.

Weighted Hadamard Transform in the Helix of Plants and Animals :Symmetry and Element-wise Inverse Matrices (동식물의 나선속의 하중(荷重) Hadamard Transform : 대칭과 Element-wise Inverse 행렬)

  • Park, Ju-Yong;Kim, Jung-Su;Lee, Moon-Ho
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.16 no.6
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    • pp.319-327
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    • 2016
  • In this paper we investigate that most of plants and animals have the symmetric property, such as a tree or a sheep's horn. In addition, the human body is also symmetric and contains the DNA. We can see the logarithm helices in Fibonacci series and animals, and helices of plants. The sunflower has a shape of circle. A circle is circular symmetric because the shapes are same when it is shifted on the center. Einstein's spatial relativity is the relation of time and space conversion by the symmetrically generalization of time and space conversion over the spacial. The left and right helices of plants and animals are the symmetric and have element-wise inverse relationships each other. The weight of center weight Hadamard matrix is 2 and is same as the base 2 of natural logarithm. The helix matrices are symmetric and have element-wise inverses.

Analysis on the Technological Innovation and Cooperative Networks of Service Industries by Region (서비스업 기술혁신과 협력네트워크의 특성 : 수도권과 비수도권 비교 분석을 중심으로)

  • Choi Ji-Sun
    • Journal of the Korean Geographical Society
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    • v.40 no.1 s.106
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    • pp.63-77
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    • 2005
  • Innovation, esp. technological innovation, in service sectors has drawn much attention as innovation-driven economy and service-led growth has been emphasized in the 21st century. This paper attempts to analyze the technological innovation from the perspective of geography and to understand the role of cooperative networks in the technological innovation. In sum, this study reveals that more firms in the Seoul Metropolitan Area (SMA) tended to succeed in the technological innovation in service sectors than those in the provinces. However, the difference originated from the difference in firms' internal capabilities, not from the difference in the external innovative capabilities represented by cooperative networks relevant to innovative milieu. In terms of cooperative partners, the fm in the provinces placed special importance on universities as cooperative partners, while the firms in the SMA put much emphasis on various types of cooperative partners. The cooperation with private partners was a statistically meaningful variable for the occurrence of technological innovation, regardless of firms' location. The cooperation with public partners proved to influence firms' application for the intellectual property right such as patents in both the SMA and the provinces.

Implementation of Embedded System for Vehicle Tracking and License Plates Recognition using Spatial Relative Distance (공간상관거리를 이용한 차량 추적과 번호판 자동 인식 임베디드 시스템 구현)

  • Kang, Jin-Suk;Choi, Yeon-Sung;Kim, Jang-Hyung
    • The KIPS Transactions:PartB
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    • v.10B no.4
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    • pp.411-418
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    • 2003
  • The proposed system in this paper uses a camera attached to a mobile device in order to inquire a car and track its location anywhere. To do this, the system recognizes and verifies license plates on the front and back of a cu. The plates are scanned by the camera attached to a mobile device. The technology enables us to detect a car registration number and to transmit the number along with the location of the device to a server through a wireless communication network. The information of a car obtained through the terminal is encoded and transmitted to a server in a remote place through a wireless communication network also. The car registration number and its location information are decoded and transmitted as a text to the server in a remote place. In order to track a user´s location through spatial relative distance estimated in real-time, the server uses the spatial and attribute information which are the most prior to the desired data value. With this property information, the right location can be calculated.

A Study on the Adjustment of Tariff Rates and Construction Fee in Korean District Heating Industry (지역난방사업의 공사비부담금과 열요금 연계조정방안에 관한 연구)

  • Kim, Hyunsook
    • Environmental and Resource Economics Review
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    • v.17 no.3
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    • pp.91-134
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    • 2008
  • Korean district heating companies levy comprehensive construction fee on consumers in the beginning of construction period and the consumers' burden is much higher than those in any other network industries in Korea. It has also many problems such as inappropriate fee calculation method, cross subsidization, property right dispute, etc.. I show that the cut of construction fee by 30% and at the same time, the upward adjustment of tariff rates by 4~6% for 20 years on average will maintain current profitability based on the standard model simulation, I also suggest that fixed charge part of double tariff should be increased to 25% of total tariff and the cut of construction fee should be levied on fixed charge, directly to improve efficiency.

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