• Korea Trade Review
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• v.42 no.5
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• pp.1-18
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• 2017

This study focuses on the recent case held as to control in franchising. On the basis of analysis of the recent case, it examines the validity of the decision and suggests practical advice. The extensive judicial precedent has held that the franchisor and the franchisee possess the independent contractor relationship. But Williams v. Jani-king of Philadelphia Inc. suggest the conversion of the franchisee's status to an employees instead of an independent contractor. Franchisees allege that they were wrongly classified as independent contractors instead of employees because Jani-King had the ability to control the manner in which franchisees perform their day-to-day tasks. The appeal court held that Pennsylvania law does not distinguish between controls put in place to protect a franchise's intellectual property and controls for other purposes, and a franchisee may be an employee or an independent contractor depending on the nature of the franchise system controls. However, some degree of controls by the franchisor over the franchisee is inherent in the franchise and may even be mandated by the federal and state laws. Moreover, the appeal court affirmed that the franchise agreement, policies manual, and training manual alone could be sufficient to resolve the employment status. But it seems appropriate that the right to control on the documents is considered with the actual control.

• Journal of the Korean Institute of Rural Architecture
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• v.25 no.4
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• pp.17-24
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• 2023

This study is about the traditional house of Kim Myeong-Gwan, the founder of Gwangsan Kim clan(光山金氏) and the 30th grandson of Heunggwang, the 49th king of the Unified Silla Dynasty. He sought a place to take refuge due to a plot and built a house in Jeongeup, adjacent to Yeonsan or Nonsan, Chungcheong-do, which is the home of the Gwangsan Kim clan. The location of old houses was analyzed through Hyeongselon(形勢論) and hyeongguklong(形局論) of Pungsu theory. The results of fengshui analysis of the house through fengshui literature that was presumed to have been used at the time are as follows.The dragon(龍) shows an auspicious condition in which the dragon vein is well connected from its roots in the Honam vein to Guksabong Mountain on Josan Mountain, Bibongsan Mountain on Sojo Mountain, and Mt. Changhasan reaching Jusan Mountain. Hyeol(穴) is a type of Wahyeol(窩穴) and is a Hwalwa(濶窩). Hyeolseong(穴星) is a Jeongche-Hyeolseong(正體穴星) and is a Suseong Hyeol(水星穴). HyeolJung(穴證) and Hyeolgi(穴忌) have the conditions to create hyeol. As for Sa(砂), the height of Hyeonmu(玄武) is not that high, but the Jujak(朱雀) is relatively high, the left blue dragon(左靑龍) is complemented by the outer blue dragon(外靑龍), and the right white tiger(右白虎) does not sufficiently surround the house. To compensate for this, Bibosu trees(裨補樹) were planted at the time of the construction of the house. As for the Water element, it appears to be auspicious as it approaches the old house in the form of a curve, but it has the disadvantage of not sufficiently surrounding the house, so an artificial pond is dug as a Bibo Pungsu(裨補風水). Through this study, it was found that Pungsu was applied as an important consideration factore in selecting the location of the house, and that Pungsu was not just a theory but had a practical effect in preserving the life and property of the family under the risky circumstances of the time.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Journal of Intelligence and Information Systems
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• v.19 no.3
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• pp.127-139
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• 2013

With an advent of recent knowledge-based society, the interest in intellectual property has increased. Firms have tired to result in productive outcomes through continuous innovative activity. Especially, ICT firms which lead high-tech industry have tried to manage intellectual property more systematically. Firm's interest in the patent has increased in order to manage the innovative activity and Knowledge property. The patent involves not only simple information but also important values as information of technology, management and right. Moreover, as the patent has the detailed contents regarding technology development activity, it is regarded as valuable data. The patent which reflects technology spread and research outcomes and business performances are closely interrelated as the patent is considered as a significant the level of firm's innovation. As the patent information which represents companies' intellectual capital is accumulated continuously, it has become possible to do quantitative analysis. The advantages of patent in the related industry information and it's standardize information can be easily obtained. Through the patent, the flow of knowledge can be determined. The patent information can analyze in various levels from patent to nation. The patent information is used to analyze technical status and the effects on performance. The patent which has a high frequency of citation refers to having high technological values. Analyzing the patent information contains both citation index analysis using the number of citation and network analysis using citation relationship. Network analysis can provide the information on the flows of knowledge and technological changes, and it can show future research direction. Studies using the patent citation analysis vary academically and practically. For the citation index research, studies to analyze influential big patent has been conducted, and for the network analysis research, studies to find out the flows of technology in a certain industry has been conducted. Social network analysis is applied not only in the sociology, but also in a field of management consulting and company's knowledge management. Research of how the company's network position has an impact on business performances has been conducted from various aspects in a field of network analysis. Social network analysis can be based on the visual forms. Network indicators are available through the quantitative analysis. Social network analysis is used when analyzing outcomes in terms of the position of network. Social network analysis focuses largely on centrality and structural holes. Centrality indicates that actors having central positions among other actors have an advantage to exert stronger influence for exchange relationship. Degree centrality, betweenness centrality and closeness centrality are used for centrality analysis. Structural holes refer to an empty place in social structure and are defined as efficiency and constraints. This study stresses and analyzes firms' network in terms of the patent and how network characteristics have an influence on business performances. For the purpose of doing this, seventy-four ICT companies listed in S&P500 are chosen for the sample. UCINET6 is used to analyze the network structural characteristics such as outdegree centrality, betweenness centrality and efficiency. Then, regression analysis test is conducted to find out how these network characteristics are related to business performance. It is found that each network index has significant impacts on net income, i.e. business performance. However, it is found that efficiency is negatively associated with business performance. As the efficiency increases, net income decreases and it has a negative impact on business performances. Furthermore, it is shown that betweenness centrality solely has statistically significance for the multiple regression analysis with three network indexes. The patent citation network analysis shows the flows of knowledge between firms, and it can be expected to contribute to company's management strategies by analyzing company's network structural positions.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• Journal of Animal Science and Technology
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• v.49 no.3
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• pp.387-394
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• 2007

To investigate the effects of deboning time and muscle type of ham on quality characteristics of cooked press ham, a total of twelve pigs(barrow, 100±5kg) were slaughtered and split in half. The left side ham of carcasses was deboned immediately after slaughter whereas the right side ham was deboned after chilling for 24 hours at 4℃. Each of two muscles(SM; Semimembranosus, BF; Biceps femoris) was used to make a press ham. The pH of hot-boning muscles was significantly(p＜0.05) higher than that of cold- boning muscles, and the pH of SM samples was significantly(p＜0.05) higher than BF samples. Hot-boning muscles showed significantly(p<0.05) longer sarcomere length compared with cold-boning muscles. There was no significant difference in myoglobin(Mb) percentage between SM and BF muscles, but SM samples of hot-boning showed significantly(p<0.05) lower L* value compared to hot-boning BF samples. The lightness(L*) of hot-boning muscles was significantly(p<0.05) lower than that of cold-boning muscles. These results suggested that the dark color of hot-boning samples might be due to not only the high muscle pH but also the long sarcomere length without difference in Mb percentage. Hardness and gumminess of hot-boning press ham were significantly(p<0.05) lower than those of cold-boning samples. These results implied that color and pH of press ham did not affected by deboning time or muscle type of ham. However data suggested that texture and panel test of press ham might be improved by using hot-boned muscle due to long sarcomere length of raw meat.

• Journal of the Korean Wood Science and Technology
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• v.44 no.1
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• pp.57-66
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• 2016

In order to develop materials with a low environmental load for restoring the destroyed forest, seven types of wood-concrete hybrid laminated materials were manufactured with four softwoods, three hardwoods and concrete, and the effect of wood density on bending creep property was investigated. The bending creep curves showed a shape to considerably increase at the upper right side, and the curves were found to show a linear behavior beyond about 30 min - 1 hour, as behaviors of solid woods and wood-based materials. The initial compliances of wood-concrete hybrid-laminated materials decreased with an increase in the wood density, and those values showed 0.9 - 1.2 times of the concrete one. The creep compliances of hybrid laminated materials showed very low values, which were 0.4 - 0.8 times of the concrete ones. The relative creep were very low with a range from 8.2% to 17.0% range, which were 0.3 - 0.7 times of the concrete ones. These results indicate that these materials can be applied for restoring the destroyed forest to reduce creep deformation of the conventional concrete materials by hybrid-laminating concrete and woods.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.8 no.1
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• pp.61-68
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• 2013

As modern society changes toward knowledge based society, the patent policy and professional manpower need to be changed because interest and importance about patent, trademarks, intellectual property right and copyright of business secret are increasing. In order to facilitate trading of the technology developed in the private sector and to promote the business, the Act of technology transfer and commercialization promotion is prepared. In the law, the article 14 says that who have expertise on commercialization of the technology transfer can be registered as a technology trader to the Minister of Knowledge Economy. For the purpose of finding improvements of the technology trader's registration system, comparison method was studied. Technology trader compare with licensed real estate agent which is similar with it in terms of trade. There are several results from this study by followings. The unique tasks of technology traders should be specified for increasing authority of technology transfer expert. Manual criteria of post management should be prepared through registration certificate management agency which operated by charging. In addition, The announcement document should be prepared carefully for necessity of announcement and registration criteria of technology trading business. These improvements are enable to motivate trading market and impact to expand the base of technology marketing and technology transfer-commercialization.