• Title/Summary/Keyword: Protection of Law

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Some Thoughts on Non-Finance Oriented Shipping Instruments in the pre-WTO Era (WTO 체제 이전의 해운보호수단에 관한 소고)

  • Park, Myong-Sop;Lee, Eun-Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.55-70
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    • 2003
  • Shipping protectionist measures are imposed to help the national fleet based on the protection that shares are low and that there are economic benefits from increasing them. Relative to the complexity of those objectives, protection is fairly simple and blunt instrument of policy. Shipping protectionist measures are classified into two groups on the basis of the nature of protectionist tools; finance-oriented and non-finance oriented instruments. The thesis aims to show non-finance oriented shipping instruments in the pre-WTO Period. Chapter 2 deals with the development of protectionism in shipping. Chapter 3 Classified non-finance oriented protection such as Cargo Reservation, Cargo Sharing and Cargo Control. Chapter 4 outlined and examined the effect of Non-Finance Oriented Shipping Instruments which was the most important in developing countries.

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Study on the Establishment of the Act on the Prevention and Protection of Technology Leakage ('기술유출방지 및 보호지원에 관한 법률'제정에 관한 연구)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.487-497
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    • 2017
  • South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

The Fair and Equitable Treatment Standards through the Arbitral Award Cases under International Investment Disputes (국제투자분쟁에서 중재사례를 통해 본 공정.공평대우의 기준)

  • Choi, Young Joo;Hwang, Ji Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.61-78
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    • 2013
  • The purpose of this study is to clarify the standard of fair and equitable treatment. Although most international investment treaties prescribe fair and equitable treatment that is the obligation to provide fair and equitable treatment to foreign investor, there is no clear definition and specific elements of fair and equitable treatment. Through the arbitral award cases we can find that tribunals have interpreted to include six principles; Due process & Protection from denial of justice, Good faith, Reasonableness & Nondiscrimination, Compliance with contractual obligation, Full protection and security, Transparency & Protection of the investor's legitimate expectations. This study suggest that host countries and investors focus on international trends concerning investment disputes in order to avoid future disputes. So future disputes can be prevented and prepared in advance.

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A Study on the Current Public Interest Reporte Protection System (현행 공익신고자 보호제도에 관한 연구)

  • Lee, Young-Woo;Jang, Su-Yeon
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.07a
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    • pp.195-197
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    • 2020
  • 현행 우리나라는 공익침해행위와 관련하여 2011년 3월 공익신고자 보호법이 제정되어 민간부문에서의 공익신고자를 보호하고 있다. 대부분의 공익침해행위는 조직 내부에서 은밀하게 이루어지고 있어 조직 내부의 문제점을 잘 알고 있는 조직 구성원들의 신고로 인하여 외부에 알려지게 된다. 그러나 신고로 인하여 공익신고자가 받게 되는 불이익에 대한 실질적인 보호조치가 미흡하여 신고자를 효과적으로 보호하기 위한 제도를 강화하는 방안이 필요하다. 이에 본 연구에서는 현행 우리나라 공익신고자 보호제도에 대한 주요 내용을 검토하고, 공익신고자의 보호 등을 위한 합리적인 개선방안을 제시하고자 한다.

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A Study on the Organization and Authority of the Personal Information Protection Commission (개인정보보호위원회의 조직과 권한에 관한 연구)

  • Kim, Ilhwan;Kim, Jaehyoun
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.149-156
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    • 2015
  • The Personal Information Protection Commission shall be established under the direct jurisdiction of the President and shall independently perform affairs under its authority. It shall be comprised of total 15 members (5 members designated by the President, 5 members elected at the National Assembly and 5 members designated by the Chief Justice of the Supreme Court), including one minister-level Chairperson and one vice-minister-level standing member. Main functions of the Personal Information Protection Commission include deliberation and resolution of major policies and improvement of ordinances and systems related to personal information protection, coordination of opinions among public institutions in regards to the management of personal information, recommendation of improvement such as suspension of infringement by a central administrative agency, a local government and a constitutional institution, and submission of annual reports on personal information protection to the National Assembly. The function and role of the Personal Information Protection Commission regulated by the current law are insufficient in terms of independence and authorities of protection agencies compared to the international standard or level of discussion. The Commission thus cannot play a sufficient role as an independent agency for efficient protection of personal information. Therefore, there is a need for law revision that revives the purpose of the establishment of the Personal Information Protection Commission.

City Development and Green Space Protection

  • Li, Jun-hong
    • Journal of the Korean Institute of Landscape Architecture International Edition
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    • no.1
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    • pp.28-32
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    • 2001
  • The author has analyzed the ecological problems caused by city development and the comprehensive benefits of green space(e.g. ecological, social and economic benefits). The important role of green space in city sustainable development was discussed. Through benefits analysis of green space in city development in Kunming City, the author offered specific measures for green space protection in Kunming: strengthen plant management according to law; enhance nation awareness of plant protection; rationally plan city green land system;and use scientific forms of green land.

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The Practice and Effect of Water Conservation Legislation in China

  • Liu, Dingxiang;Li, Jianguo
    • Proceedings of the Korea Water Resources Association Conference
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    • 2012.05a
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    • pp.19-19
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    • 2012
  • After more 60 years' legislative practice of water resources protection, the Chinese government has initially established a legislative system of water resources protection, based on Water Law. From the development course of water resources protection legislation, the paper mainly analyzes the legal framework, main content & management system of water resources protection, and pointed out the improved direction of water resources conservation legislation in China in the future.

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A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

A Study on Infringement Cases of Software Copyright and the Dispute Settlement (소프트웨어 저작권 침해사례와 분쟁해결에 관한 연구)

  • 장병윤
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.547-584
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    • 2004
  • Information technology(IT) is changing rapidly based on growth of internet and computer businesses. Therefore, computer programs and softwares are distributed to computer users promptly for their productivity increase and efficient work. So, in the distribution, the softwares will be copied or released through network or other methods which are not authorized by the program owners. In that case, copyright dispute is incurred and various issues are come out due to infringement of the software copyright. Thus, the purpose of this study is to research infringement cases of the software copyright and how to settle the dispute which is related with software programs. To achieve the purpose of this study, this research consisted of 5 chapters. At chapter 1 introduction, it mentioned necessity of this study, purpose and how to research this study, and at chapter 2 dispute factors indicated and summarized for technical resolution. At chapter 3, infringement cases of software copyright analyzed and studied upon intellectual property(IP) related laws. And methods of dispute settlement discussed and suggested to chapter 4 for copyright and intellectual property protection. Also, it emphasized importance of arbitration to resolve the issues timely and avoid time and economical consumption. Of course, arbitration law has to be matched with the trend of technology development for effective settlement. At chapter 5 conclusion, it summarized this research and suggested further research for empirical test of economic value of the software copyright upon the aspect of business, law, and engineering. In this study, the results are 1) IP related laws have to be enacted or revised to meet technical changes for the protection of software copyright on time. The enactment or the revision of law takes a long time, therefore, to deal the dispute effectively, 2) arbitration law has to be utilized efficiently in order to resolve issues and settle the dispute promptly. It is suggested the dispute settlement through arbitration to save time and economic matters for legislation, and to harmony with the technology trends. 3) Recognition of software copyright is to be improved by users and enterprises for development of software related industries and intellectual property protection. In conclusion, the protection of software copyright is important than any other things in the field of IT because of the development of industry and intellectual property related laws. The development is for areas of business, law and engineering, so research and practices are to be combined with the areas so that it could resolve the dispute settlement and IP protection effectively.

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