• Title/Summary/Keyword: Policy Enforcement

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A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
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    • v.2 no.1
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    • pp.93-112
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    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

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Policy Factors in the Development of IT Assistive Devices: A Comparative Study between Korea and America (정보통신 보조기기 발달의 제도적 요인: 한국과 미국의 비교)

  • Cho, Joo-Eun
    • The KIPS Transactions:PartA
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    • v.14A no.1 s.105
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    • pp.25-30
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    • 2007
  • Korea has deeper digital divide between disabled and non-disabled people than other industrialized countries have. This study attributes the deep divide to policy factors and attempts to discern differences in policies concerning IT assistive devices between Korea and America. This study finds that major differences in policy exist between the two countries, and the differences account for Korea's unsatisfactory state of digital divide. Firstly, Korra has different 'perception' of assistive devices. While IT assistive devices are perceived as rehabilitation tools as well as bridges over digital divide in America, they are still foreign to social welfare and rehabilitation of disabled people in Korea. Secondly, the two countries differ in 'enforcement of policy.' In Korea, unlike in America, compliance with regulations on assistive devises is not compulsory. Besides, laws and regulations do not clarify possible sources of financing and legal sanctions, thus their enforcement is hardly effective. Thirdly, Korea's strategy for assistive device 'market' is very different from America's. America has long-term strategies to enliven the market for IT assistive devices. But Korea provided a lump sum of device development fund, and then gave out the assistive devices free of charge. As a result, the IT assistive device market has not been formed, and the foundation for further device development is yet to be constructed.

A Study on the Evaluation of Arctic Policy Priorities Using the CFPR Method-Focused on Policy of the Ministry of Oceans and Fisheries (CFPR법을 활용한 북극정책 우선순위 평가에 관한 연구 -해양수산부 정책을 중심으로)

  • Choi, Su-Beom;Park, Sung-Hoon;Kim, Dong-Myoung;Lee, Hae-Chan;Yeo, Gi-Tae
    • Journal of Navigation and Port Research
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    • v.44 no.3
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    • pp.253-263
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    • 2020
  • In the case of government policies related to the Arctic Ocean, there is a "Northern Sea activity promotion basic plan" presented by the Ministry of Maritime Affairs and Fisheries, but it is difficult to adjust the timing of the policy enforcement and consider the importance of policies because no concrete order of enforcement of policies or weight has been presented by the government. In view of this, the purpose of this study was to estimate the priorities of the government's Arctic policies. Additionally, this study also presents priorities for "support measures" and "foreign cooperation measures" for the smooth implementation of Arctic policies. As for the methodology of this study, the CFPR (Consistent Fuzzy P reference Relations) method, which can comprehensively estimate expert opinions, was applied. According to the results of the analysis, the most important Arctic policy of the government was shown to be "Cooperation for Shipping and Logistics, such as Pioneering Northern Sea Routes" (0.087), followed by "Fostering Professional Manpower" (0.086), and "P reparing Institutional Foundation and Blueprint" (0.085). The results of this study have implications for the establishment of Arctic Ocean-related policies by policymakers as well as authorities.

A Study on Reimbursement for Legal Deposit of Digital Produce (디지털자료 납본에 대한 보상 체계 연구)

  • Kwak, Seung-Jin;Choi, Jae-Hwang;Cho, Young-Joo;Ryu, Hee-Kyeung
    • Journal of Korean Library and Information Science Society
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    • v.39 no.2
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    • pp.65-83
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    • 2008
  • The National Library of Korea establishes an Act on Legal Deposit and Use for the Online Digital Products in 2007 and it is preparing an enforcement. The purpose of this study is to suggest rate base on legal deposit of digital products before enforcement of this bill. To reach the goal, this study reviewed the legal deposit acts on digital products in the world. Also the opinion of main stakeholders in this area was collected such as digital book publishers and music copyright association. In conclusion, this study proposed rate base of reimbursement for legal deposit of digital products.

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A Study on the Policy of the Dress and Clothing of Se-Jong in the Yi Dynasty (조선왕조(朝鮮王朝) 세종(世宗)의 복식정책(服飾政策) - 세종(世宗) 팔년(八年) "관복지제(官服之制)"의 제정동기(制定動機)와 그 실시(實施) 여부(如否) -)

  • Lee, Sang-Eun
    • Journal of the Korean Society of Costume
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    • v.5
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    • pp.165-171
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    • 1981
  • During the period of 3rd Tae-Jong and 4th Se-Jong, Yi Dynasty has established sound basis for ruling power and aristocratic social cast system. And the regulation for official dress has also been firmly established during the same period. The establishment of KWAN BOK SACK (Office of Hat-Dress) in 16th year of Tae-Jong (1416 A.D.) and the enforcement of KWAN BOK JI JAE (System of Hat and Dress) in 8th year of Se-Jong(1426 A.D) indicates the completion of system of official dress in the dynasty. In this study, the author tried to find out the concept of color in the ruling society since the concept of color in KWAN BOK JI JAE, which is the social reglation in the fendal dynasty, had greatly been influenced by these class of people. Effort has also been given to investigate what motivated the establishment and enforcement of KWAN BOK JI JAE, through the descriptions revealed in SE-JONG SILLOK. It can be concluded in the first that, in KWAN BOK JI JAE no new color concept appeared and its significance only remains on the fact that it establshed the social regulations which were existed before. And secondly, the works of Se-Jong in KWAN BOK JI JAE, in contrast to his magnificance in other fields, only showed great influence of toadyism (Chinese culture).

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A Study of Reservoir Management System in Japan - Focus on Hyogo Prefecture - (일본 농업용 저수지 관리 체계에 관한 연구 - 효고현을 중심으로 -)

  • Park, Jin-Wook
    • Journal of Korean Society of Rural Planning
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    • v.27 no.1
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    • pp.1-8
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    • 2021
  • The study aims to draw out implications regarding systematic reservoir management through analyzing the reservoir conservation activities and policies in Hyogo Prefecture which has the most agricultural reservoirs in Japan and similar agricultural form to that of Korea. The results are as follows. First, it turns out that consistency in policies and persistent drive are key to success. Since the late 1990s, the Hyogo Prefectural government has expanded the reservoir conservation policies, consistently trying to ellicit the multifunctionality of reservoir, and also has shown persistent drive toward the conservation policies through systematic process. Second, it is clear that the Prefectural government has shown a great degree of activeness. It established ordinances before acts were legislated by the central government. In addition, the Hyogo Prefectural government ran a supportive organization with its own funds. Third, the establishment of systematic enforcement system played a critical role. The efficiency in the policy enforcement derived from the dual conferences, Prefectural-level conference dealing with the related policies throughout the Prefecture, and local-level conference discussing policies based on regional characteristics.

Product Placement for Broadcasting Advertising Industry Revitalization (방송광고산업 활성화를 위한 간접광고)

  • Lee, Hee-Bok;Cha, Young-Ran
    • The Journal of the Korea Contents Association
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    • v.10 no.10
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    • pp.128-139
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    • 2010
  • Since the revised enforcement ordinance of the broadcasting legislation, Product Placement that was introduced in May, 2010 has expanded the stable income of broadcasting contents and broadcasting advertising industry, and improved the quality of the broadcasting contents and its service. However, as a result of Product Placement enforcement for the past 3 months, it reveals many problems, and is blamed for being unable to meet the intent of the law. Accordingly, Product Placement is not established properly. Thus, it is required to improve the detailed action plan for revitalization of Broadcasting Contents and Broadcasting Advertising Industry as originally intended. For example, the outsourcing production company involved in producing programs like dramas and the broadcaster have failed to reach negotiation on distributing proportion and it is keenly in need of its related study. This study is to cover the current status and the problems of introducing Product Placement, and is expected to provide the policy implications and the practical lessons. However, it displays limits that it ends in exploring and policy debate. It is henceforth expected to continue various studies of measuring the effectiveness, strategy, creative, and so forth based on discussion of introducing Product Placement.

A Comparison of Income Level and Work-Related Fatalities for Finding Causes and Measures for Construction Sector (소득수준 대비 산재사망지수 비교를 통한 건설분야 산업재해 분석 및 저감대책)

  • Yi, Kyoo-Jin
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.4
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    • pp.3-10
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    • 2014
  • As the income level of a country gets improved, people's social, economic, and cultural expectation will grow at the same time. Although the income level of Korea has been remarkably improved, her work-related fatality rate is the highest among OECD countries. Moreover, the rate hasn't been reduced for more than 10 years. This study aims to provide appropriate measures for work-related fatality reduction by comparing the income levels and the work-related fatality rates of countries and by analysing the problems of our worker-oriented accident prevention policy. For the comparison of income level and work-related fatalities, this study suggests income-level incorporated fatality rate, and it turned out that the rate of Korea is the highest among the countries. In order to find out the causes of that result, this study has found that our law enforcement is much weaker than that of UK, which implicates more strict law enforcement policy is needed to improve our work-related safety.

A Review on the Direction of the Framework Act on Resource Circulation for Establishing a Resource Circulation Society (자원순환사회 형성을 위한 "자원순환기본법"이 나아가야 할 방향)

  • Lee, Il-Seuk;Kang, Hong-Yoon
    • Resources Recycling
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    • v.25 no.6
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    • pp.82-91
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    • 2016
  • The framework act on resource circulation was got through the Korea National Assembly in May, 2016. It is the most important to analyze and understand its purpose, main contents, and policy direction of the framework act because this act will lead the resource circulation policy. Korea government is going to enact subordinate statutes such as its enforcement decree and regulation to enforce the act in January, 2018. No later than enforcement of the act, its subordinate statutes should be studied indepth and consulted without any bias in order to satisfy the intent - promotion of transition toward a resource circulation society - of the act. Therefore, in this study, the points in dispute in the act are indicated and the issues and specific directions of key articles are reviewed. The ideas to maximize the effectiveness of its subordinate statutes are also suggested.

A Study on the Direction of the Military Personnel Act Revisions for the Implementation of Defense Vision 2050 (국방비전 2050 구현을 위한 군(軍) 인사법 개정방향 연구)

  • Chang-In Lee;Sang-Hyuk Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.1
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    • pp.401-405
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    • 2023
  • From a phenomenological perspective on military human resources to carry out the government's "Defense Vision 2050" project, this study presents the direction of revision of the military pension along with the age and continuous retirement age system under Article 8 of the Military Personnel Act and the promotion criteria under Article 33 of the Enforcement Decree of the Military Act. The Military Personnel Act and the Enforcement Decree of the Military Personnel Act, which was created 60 years ago, are contrary to the equity of the current situation in 2022, and the conflicts continue to be drawn in terms of internal and external aspects of military human resources carrying out the "Defense Vision 2050" project, which is the keynote of the government's policy. In addition, this is linked to the national financial burden of military pension finances. Therefore, this study began with the need to revise the Military Personnel Act so that excellent human resources can continue to be introduced into a military system and perform stable duties through retirement age guarantee systems rather than class retirement.