• Title/Summary/Keyword: Right of Nature

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A Study of Locke's Concept of Freedom of Speech as Proprietorship (소유권적 언론자유에 대한 일고찰 : 로크의 사회계약론을 중심으로)

  • Moon, Jong-Dae
    • Korean journal of communication and information
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    • v.17
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    • pp.7-36
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    • 2001
  • This thesis discussed the nature of freedom of speech with emphasis on Locke's theory of social contract. First, I examined the nature of freedom of speech induced from Locke's social contract, and argued that the nature of Locke's freedom of speech exists on the self-ownership of humans. Secondly, I studied how Locke's right of self-ownership was related to the right of freedom of speech and how it is realized in civil society. I could analyze how freedom of speech was actualized with un-equality in the social relations. Thirdly, I investigated how locke's possessive freedom of speech was materialized in the market society. I tried to find out the nature of freedom of speech actualization in the capitalist market society. Finally, 1 studied to what extent the state of Locke could intervene the freedom of speech and reconsidered the meaning of locke's limit of natural risht in modern society. Conclusively, Locke's notion of Natural Right and Law of Nature have greatly influenced contemporary idea of free speech. His idea helps understand the position of liberal democratic speech. It also shows well the relation of freedom of speech and Natural Right and has helped us understand freedom of speech in terms of the position of the right of property.

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Nature Inspired Engineering (자연 모사 공학)

  • Kim, Wan-Du
    • 한국전산유체공학회:학술대회논문집
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    • 2007.10a
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    • pp.7-19
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    • 2007
  • [ ${\Box}$ ] Biomimetics is the abstraction of good design from nature. ${\Box}$ Nature works for Maximum achievement at Minimum effort. ${\Box}$ When designing a new product, we can often find the right qualities and properties in a natural product.

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The Significance of Nature's silence in sijo (시조의 자연, 그 '말없음'의 의미론)

  • Ryoo Su-Yeoul
    • Sijohaknonchong
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    • v.20
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    • pp.5-27
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    • 2004
  • This article aims to clarify the significance of nature's silence in sijo by comparing with the works taking misunderstanding and lie as poetic materials. Sijo poets praise the silence of nature with correlating the false of the mundane language. This is the natural consequence in which they arrive by denying both 'mundane' and 'language'. In mundane world people struggle for their interest and distinguish between right and wrong. Therefore the silence of nature is not the principle of life but counter-pair of mundane politics. Sadaebu[사대부], the sijo poets praise the silence of nature to realize needs to rise above the boundary of right and wrong. Then they don't recognize the nature as pure scenary. As Confucianist, they recognize the nature in connection with mundane world. Because they have two persona, the scholar [사] and politician[대부]. In Confucianism the naturalization of moral and moralization of nature is pursued simultaneously.

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Pulmonary Leiomyoma; A Case Report (폐 평활근종 치험 1례)

  • 홍기표
    • Journal of Chest Surgery
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    • v.26 no.9
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    • pp.735-737
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    • 1993
  • We have experienced a case of leiomyoma in the right upper lobe of the lung in a 56 year old female. Preoperative studies revealed the tumor nature as benign, and we chose right upper lobectomywith video-assisted thoracoscope rather than with the usual posterolateral thoracotomy. Postoperativehistological diagnosis was pulmonary leiomyoma which is a rare type of benign lung tumor.

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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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A Study on Accounting for Fishery Right (어업권 회계에 관한 연구)

  • 정준수;김태용
    • The Journal of Fisheries Business Administration
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    • v.11 no.1_2
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    • pp.115-155
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    • 1980
  • Nowadays managers of fisheries enterprises and users of accounting information have a considerable interest in the fishery right. The fishery right, which is given by administrative quarters, is referred to exclusive fishing right in a certain coastal fishing ground, and it has been one of the property rights since the turn of the century. The main purpose of this study is to provide an improved accounting method of the fishery right from the side of accounting. To achieve this purpose, legal nature of the fishery right should be understood in the first place, for the fishery right, an intangible asset, is a sort of property right guaranteed by the fisheries laws, According to the basic law in the fisheries "Fisheries Law, " the fishery right is broken down largely into three categories; culture fishing right, set fishing right and common fishing right. The legal characteristics of these fishery rights are as followings: 1. The fishery right is a private right. 2. The fishery right is a property right. 3. The fishery right is a right in rem, and legal provisions pertaining to land are applied to the fishery right with necessary modifications. In addition to the above fishery rights, the Fisheries Law provides some provisions on the so-called entrance right, and those who obtained the right are authorized to access to a certain common fishing right fishing ground where they have been traditionally fishing. In the inland fisheries, the fishery right system similar to that of the coastal fisheries discussed above is adopted in conformity with the Inland Fisheries Developing and Expediting Law. Viewing from an angle of accounting, there are two kinds of additional fishing rights which are dealt as assets. These fishery rights dealt as asset include the license of entry in the so-called permitted fishing which is also called as fishery right in plain language, and tile entrance right obtained abroad. Although these two kinds of rights are not the fishery right from a viewpoint of law, they are regarded as fishing rights in accounting which intends to provide a useful economic information.formation.

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A Study on Body Painting according to Nature Art Types (자연미술 유형에 따른 바디페인팅 연구)

  • Park, Jeongshin
    • Journal of Fashion Business
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    • v.18 no.4
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    • pp.66-79
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    • 2014
  • Unlike other body arts, body painting illuminates the value of art using eco-friendly formative activity and natural environment and highlights the need of eco-friendly activity. However, although body painting has focused on forming right relationship between human beings and nature, there are few researches which are linked with nature art. Therefore, the purpose of this study is to argue the need to study body painting as nature art in connection with natural environment and analyze body painting according to nature art types. The study methods included both theoretical review and empirical review. The theoretical review examined the concept and characteristics of nature art through previous researches and literature and the empirical review looked into the types and works of nature art and applied them to body painting works. The results were as follows. First, an installation type was possible by arranging and attaching certain materials to the body. Second, a physical type was possible by representing body itself as the part of nature. Third, a symbolic type was possible by making body appearance as a some symbol based on artist's idea. Fourth, a sound type was possible by stimulating auditory hallucination using the nature of objects and sensing a sound. Fifth, an ecological type was possible by conveying the message of living things in nature to the body. Sixth, an interior type was possible by inducing indoor installation of works. Seventh, a poetic type was possible by making one feel a poetic inspiration expressed in nature using the mystery of the sea and a simple sequential pattern of floral leaves. Eighth, a drawing type was possible by adding artist's intentional hand with a pictorical technique. Ninth, a indigenous type was possible by reproducing South American indian's primitive style. The review of this study suggests that body painting works have been expressed in experimental and temporary arrangement like nature art in nature and can be applied according to nine types of nature art.

A Study on the Buyer's Right of Reducing the Price in International Sale of Goods (국제물품매매에서 매수인의 대금감액권에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.37-58
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    • 2016
  • CISG Article 50 contains the remedy of price reduction but limits it if the seller has a right to cure. Reduction of price presupposes that the seller delivers non-conforming goods, and that the buyer decides to accept them nevertheless. The remedy of price reduction differs from all other remedies provided in CISG with regard to it effects and to the time-limits. As to the time-limits, unlike Articles 46 and 49, Article 50 does not contain the element within a reasonable time. CISG imposes no period of time for his reducing the price. The buyer's right to declare a reduction of the price is expressly subject to the seller's right to remedy any failure to perform his obligations pursuant to Articles 37 and 48. The problem lies in determining from where to take the figures for comparing the value of the goods contracted and of those delivered. The price level in this place will usually determine his considerations as to resale or repair of the defective goods. The buyer must examine the goods, or cause them to be examined, within, as short a period as is practicable in the circumstances. The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

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Theory of self-cultivation for the Unity of Heaven and Man, Mind and Nature in the Doctrine of the Mean (『중용(中庸)』의 천인심성합일(天人心性合一) 수양론(修養論))

  • Seo, Eun-Sook
    • (The)Study of the Eastern Classic
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    • no.35
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    • pp.243-274
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    • 2009
  • This paper attempts to explore the theory of self-cultivation(修養論) for the Unity of Heaven and Man, Mind and Nature(天人心性合一) in the Doctrine of the Mean(中庸). In the unity of heaven and Man, the meaning of the way of Heaven are doctrine of the Mean, sincerity, Nature, Sage, five ways forward, mind of the way, and the meaning of the way of man are thinking to be Cheng(誠之), secularity, the way, education, three methods of excelling, the way of man. The way of Heaven(天道) is the principle of the Universe and give the original Nature to Mankind. The way of Man(人道) is what man should do to accomplish the way of Heaven, and in that process, the unity of Heaven and Man accomplished. The unity of the mand and nature explained by the concept of mind's equilibrium-harmony. When the emotion arise rightly by rectifying mind, the mind unify with the original nature. After the unity of Heaven and Man and the unity of mind and nature, the whole world can governed by nine guidelines(九經) on the base of self-cultivation. There are several methods to get the unity of Heaven and Man and the unity of mind and nature. These are represented by the preserving mind and extending knowledge. In that methods, right timing by watchful when alone, loyalty-sympathetic understanding, selecting Goodness and holding on to it firmly, and fulfilling the mind's equilibrium-harmony

A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.