• Title/Summary/Keyword: Regional Conflict

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A Study on Several Points at Issue in International Technology Transfer Contract - Focusing on ICC Model International Technology Transfer Contract(2009) - (국제기술이전계약(國際技術移轉契約)의 몇 가지 주요쟁점 검토 - ICC Model International Technology Transfer Contract(2009)를 중심으로 -)

  • Oh, Won Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.59
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    • pp.3-26
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    • 2013
  • The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.

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Problems in the Medical Dispute Medication System and Improvement Plan (의료분쟁조정제도 운영상의 문제점 및 개선방안)

  • Choi, Jang Seop
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.91-122
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    • 2014
  • For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

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A Study on the Arbitration and Maritime Dispute Resolution in Korea and Japan (한·일 해사분쟁해결과 중재제도에 관한 고찰)

  • Yu, Byoung yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.65-97
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    • 2014
  • Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.

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Study of a Improvement Plans about Efficient Operation of Korean Volunteer Fire Departments (우리나라 의용소방대의 효율적인 운영에 관한 개선방안 연구)

  • Kim, Hyeong-Do;Lee, Si-Young
    • Fire Science and Engineering
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    • v.31 no.5
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    • pp.95-106
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    • 2017
  • This study sought for an improvement plan of overall fire-fighting activities and all kinds of support activities of service for public welfare of Korean Volunteer Fire Departments by utilizing the internal fire administration data and statistical yearbooks of the (Old)Ministry of Public Safety and Security (MPSS), the statistics of the (Old) National Emergency Management(NEMA), and the data of the National Statistical Office (NSO) of 5 years from 2012 to 2016 and drawing the practical problems through the statistical analysis. The results of the study are as follows: First, the quota management system of Volunteer Fire Departments that considers the characteristics of rural areas should be supplemented. Second, the culture and training system to solve internal conflict factors of Volunteer Fire Departments should be strengthened. Third, management members readership competency of operating organizations including volunteer fire marshals should be strengthened. Fourth, the education and training system of Volunteer Fire Departments to satisfy regional conditions should be established. Fifth, the reward system for Volunteer Fire Departments' activities of large disaster sites should be improved. The result of the study will be expected to be utilized as the basic data to develop Korean Volunteer Fire Departments in the future.

The Process of Archiving Sewol Accident and its Meaning (세월호 사건 기록화의 과정과 의의)

  • Ahn, Byung Woo
    • The Korean Journal of Archival Studies
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    • no.44
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    • pp.217-241
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    • 2015
  • The sinking of the Sewol ferry has not only induced an intense conflict in Korean society but also been developed into a sociopolitical issue. This paper divides this accident into five stages and examines the records produced at each stage. The Sewolho Citizen Archive Network and the Ansan Citizen Record Committee began the archiving of Sewol and created the 416 Archives. The records of Sewol are social and political records that hold envidencial and historical value. They can be used to rebuild and recover the wounded community as well as to investigate the truth behind the case. Accident archiving collects materials different to the ones which public archiving does, allowing people to view the incident from a different standpoint. It is also characterized as an archiving of the current issue, social movement and regional community. Accident archiving is a method which ensures credibility and impartiality in memory. In light of Sewol archives, accident archiving can contribute to form mature democracy.

Philippine Democracy and Constitutional Engineering: Power Sharing, Accountability, Effectiveness and Stability (필리핀 민주주의의 헌정공학: 권력공유, 책임성, 효율성, 안정성)

  • KIM, Dong-Yeob
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.1-44
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    • 2013
  • This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

Alliance of the Baltic States in the System of Collective Security

  • Kikste, Kaspars;Djakona, Antonina
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.189-194
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    • 2022
  • The formation of a new world order is primarily caused by new conditions and military operations on the European continent. The intensification of military-political tension led to the formation of new centers of power and gravity, which in turn led to the concentration of weapons and general militarization. Changes in the world order as a result of military conflicts and an increase in hot spots in the world, an increase in threats and the formation of centers of military gravity, the inability of existing institutions to resolve the situation lead to the need to develop new security mechanisms. Studies show that in the current situation, the countries of the Baltic countries are especially actively increasing their level of technologization of the army and militarization in general. The creation of any alliance is always conditioned by the presence of external threats. Naturally, the increase in the number of threats creates preconditions for the development of new forms of cooperation within existing military alliances. It seems obvious that due to the current situation in the context of the military conflict and military aggression of Russia in Ukraine, as well as its constant threats, including to the Baltic countries, there is a need to form a certain alliance that can protect the eastern border of Europe and form a certain border between European countries and aggressor countries. The Baltic countries are actively involved in these processes, in addition, it is the Baltic countries that can enter the new military alliance proposed by Britain, which will unite Poland, Ukraine, the Baltic countries and, possibly, Great Britain.

PRC Maritime Operational Capability and the Task for the ROK Military (중국군의 해양작전능력과 한국군의 과제)

  • Kim, Min-Seok
    • Strategy21
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    • s.33
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    • pp.65-112
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    • 2014
  • Recent trends show that the PRC has stepped aside its "army-centered approach" and placed greater emphasis on its Navy and Air Force for a wider range of operations, thereby reducing its ground force and harnessing its economic power and military technology into naval development. A quantitative growth of the PLA Navy itself is no surprise as this is not a recent phenomenon. Now is the time to pay closer attention to the level of PRC naval force's performance and the extent of its warfighting capacity in the maritime domain. It is also worth asking what China can do with its widening naval power foundation. In short, it is time to delve into several possible scenarios I which the PRC poses a real threat. With this in mind, in Section Two the paper seeks to observe the construction progress of PRC's naval power and its future prospects up to the year 2020, and categorize time frame according to its major force improvement trends. By analyzing qualitative improvements made over time, such as the scale of investment and the number of ships compared to increase in displacement (tonnage), this paper attempts to identify salient features in the construction of naval power. Chapter Three sets out performance evaluation on each type of PRC naval ships as well as capabilities of the Navy, Air Force, the Second Artillery (i.e., strategic missile forces) and satellites that could support maritime warfare. Finall, the concluding chapter estimates the PRC's maritime warfighting capability as anticipated in respective conflict scenarios, and considers its impact on the Korean Peninsula and proposes the directions ROK should steer in response. First of all, since the 1980s the PRC navy has undergone transitions as the focus of its military strategic outlook shifted from ground warfare to maritime warfare, and within 30 years of its effort to construct naval power while greatly reducing the size of its ground forces, the PRC has succeeded in building its naval power next to the U.S.'s in the world in terms of number, with acquisition of an aircraft carrier, Chinese-version of the Aegis, submarines and so on. The PRC also enjoys great potentials to qualitatively develop its forces such as indigenous aircraft carriers, next-generation strategic submarines, next-generation destroyers and so forth, which is possible because the PRC has accumulated its independent production capabilities in the process of its 30-year-long efforts. Secondly, one could argue that ROK still has its chances of coping with the PRC in naval power since, despite its continuous efforts, many estimate that the PRC naval force is roughly ten or more years behind that of superpowers such as the U.S., on areas including radar detection capability, EW capability, C4I and data-link systems, doctrines on force employment as well as tactics, and such gap cannot be easily overcome. The most probable scenarios involving the PRC in sea areas surrounding the Korean Peninsula are: first, upon the outbreak of war in the peninsula, the PRC may pursue military intervention through sea, thereby undermining efforts of the ROK-U.S. combined operations; second, ROK-PRC or PRC-Japan conflicts over maritime jurisdiction or ownership over the Senkaku/Diaoyu islands could inflict damage to ROK territorial sovereignty or economic gains. The PRC would likely attempt to resolve the conflict employing blitzkrieg tactics before U.S. forces arrive on the scene, while at the same time delaying and denying access of the incoming U.S. forces. If this proves unattainable, the PRC could take a course of action adopting "long-term attrition warfare," thus weakening its enemy's sustainability. All in all, thiss paper makes three proposals on how the ROK should respond. First, modern warfare as well as the emergent future warfare demonstrates that the center stage of battle is no longer the domestic territory, but rather further away into the sea and space. In this respect, the ROKN should take advantage of the distinct feature of battle space on the peninsula, which is surrounded by the seas, and obtain capabilities to intercept more than 50 percent of the enemy's ballistic missiles, including those of North Korea. In tandem with this capacity, employment of a large scale of UAV/F Carrier for Kill Chain operations should enhance effectiveness. This is because conditions are more favorable to defend from sea, on matters concerning accuracy rates against enemy targets, minimized threat of friendly damage, and cost effectiveness. Second, to maintain readiness for a North Korean crisis where timely deployment of US forces is not possible, the ROKN ought to obtain capabilities to hold the enemy attack at bay while deterring PRC naval intervention. It is also argued that ROKN should strengthen its power so as to protect national interests in the seas surrounding the peninsula without support from the USN, should ROK-PRC or ROK-Japan conflict arise concerning maritime jurisprudence. Third, the ROK should fortify infrastructures for independent construction of naval power and expand its R&D efforts, and for this purpose, the ROK should make the most of the advantages stemming from the ROK-U.S. alliance inducing active support from the United States. The rationale behind this argument is that while it is strategically effective to rely on alliance or jump on the bandwagon, the ultimate goal is always to acquire an independent response capability as much as possible.

The application of photographs resources for constructive social studies (구성주의적 사회과 교육을 위한 사진자료 활용방안)

  • Lee, Ki-Bok;Hwang, Hong-Seop
    • Journal of the Korean association of regional geographers
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    • v.6 no.3
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    • pp.117-138
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    • 2000
  • This study is, from the view point of constructive social studies which is the foundation of the 7th curriculum, to explore whether there is any viable program and to investigate it by which students, using photo resources in social studies, can organize their knowledge in the way of self-directed thinking. The main results are as follows: If it is a principle of knowledge construction process of constructive social studies that individual construction (cognitive construction) develops into communal construction(social construction) and yet communal construction develops itself, interacting with individual construction, it will be meet the objectives of social studies. In social studies, photos are a powerful communication tool. communicating with photos enables to invoke not only the visual aspects but also invisible aspects of social phenomena from photos. It, therefore, can help develop thinking power through inquiry learning, which is one of the emphasis of the 7th curriculum. Having analyzed photo resources appeared on the regional textbooks in elementary social studies, they have been appeared that even though the importance and amount of space photo resources occupy per page is big with regard to total resources, most of the photos failed to lad to self-directed thinking but just assistant material in stead. Besides, there appeared some problems with the title, variety, size, position, tone of color, visibility of the photos, and further with the combination of the photos. Developing of photo resources for constructive social studies is to overcome some problems inherent in current text books and to reflect the theoretical background of the 7th curriculum. To develop the sort of photo that can realize the point just mentioned, it would be highly preferable to provide photo database to facilitate study with homepage through web-based interaction. To take advantage of constructive photo resources, the instruction is strategized in four stages, intuition, conflict, accommodation, and equilibration stage. With the advancement of the era of image culture, curriculum developers are required to develop dynamic, multidimensional digital photos rather than static photos when develop text books.

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A study on Operation Rules of Korean Air Defence Identification Zone (한국 방공식별구역 운영규칙에 관한 고찰)

  • Kwon, Jong-Pil;Lee, Yeong H.
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.189-217
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    • 2017
  • Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

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