• Korea and Global Affairs
• /
• v.1 no.2
• /
• pp.85-108
• /
• 2017

This study speculated on a continuous issue of North Korean defectors and strategies to improve North Korean human rights. North Korean defectors have immigrated to South Korea continuously since the late 1990s. Their immigration was motivated by low financial status in the harsh marching period of North Korea until the mid-1990s. However, the defection motives changed like this: planned defection, family-based group defection and future-oriented defection. The North Korean defectors had had severe human rights abuses as illegal immigrants in the blind spots of human rights of China and the third nations until they were admitted to South Korea after defection. Although South Korea tried to help them consistently both in public and private ways, it was not satisfactory. Therefore, the government and private sectors should pay more consistent attention to the human rights issue. As the National Assembly passed the North Korean Human Rights Act on March 2016, the government should recognize the issue of North Korean defectors as that of universal value and a national issue, and cooperate each other nationally and internationally in diverse ways.

• Journal of Arbitration Studies
• /
• v.29 no.3
• /
• pp.3-22
• /
• 2019

An issue of human rights abuse in business emerged as a serious social problem recently not only in Korea, but also worldwide. However, the stipulations in 'UNGPs' and 'OECD Guidelines' do not provide a legally binding dispute settlement mechanism. Under these circumstances, it is very well timed that the Working Group on International Arbitration of Business and Human Rights recently published the Draft Hague Rules on Business and Human Rights Arbitration, which will be launched in December 2019 as an effective and efficient alternative to mediation or court litigation. This paper examines the purpose, the structure, and the unique features of the Draft Hague Rules, among other provisions, including 1) Inequality of Arms between the Parties, 2) Appointing Authority, 3) Presiding Arbitrator's Qualification, 4) Evidentiary Procedures, 5) Remedy, and 6) Governing Law.

• Journal of Communications and Networks
• /
• v.8 no.2
• /
• pp.163-168
• /
• 2006

This paper presents one possible approach for liberalization of the radio spectrum based around spectrum usage rights (SURs) which are technology and usage neutral. This is challenging technically because of the complexity of defining rights which are flexible and technology-neutral while retaining sufficient safeguards against interference. The work presented here is part of an ongoing process of defining and testing SURs. Of com is currently considering SURs, though is not committed to implementing them at this stage, and will issue further discussion documents on this area in due course.

• International Commerce and Information Review
• /
• v.10 no.3
• /
• pp.291-313
• /
• 2008

As digital economy has dramatically evolved, new intellectual property rights protection has emerged as a pivotal issue which companies need to actively restxnid to. At the new digital era, the possession of new intellectual property rights determines the company values, and thus the protection of new intellectual property rights is getting more importance in the dimension of global competitiveness. The paper analyzes the changing aspect of digital economy and e-commerce paradigm, and explores the protection plan of new intellectual property rights focusing on e-commerce and digital goods transaction so that it can help the companies to strengthen their global competitiveness. After various case studies, we can find out that even though the companies have difficulty in settling out the strategies and policy due to the radical change of cycle in internet-centered digital economy, companies need to establish the systemic strategic plan to protect the new intellectual property rights stage by stage. Also, appropriate legal, institutional basis to protect the new intellectual property rights should be rearranged. The unsloved problems which relates with the protection of new intellectual property rights will be left for next research project.

• Journal of Intelligence and Information Systems
• /
• v.18 no.4
• /
• pp.59-77
• /
• 2012

This study focuses on predicting which firms will increase capital by issuing new stocks in the near future. Many stakeholders, including banks, credit rating agencies and investors, performs a variety of analyses for firms' growth, profitability, stability, activity, productivity, etc., and regularly report the firms' financial analysis indices. In the paper, we develop predictive models for rights issues using these financial analysis indices and data mining techniques. This study approaches to building the predictive models from the perspective of two different analyses. The first is the analysis period. We divide the analysis period into before and after the IMF financial crisis, and examine whether there is the difference between the two periods. The second is the prediction time. In order to predict when firms increase capital by issuing new stocks, the prediction time is categorized as one year, two years and three years later. Therefore Total six prediction models are developed and analyzed. In this paper, we employ the decision tree technique to build the prediction models for rights issues. The decision tree is the most widely used prediction method which builds decision trees to label or categorize cases into a set of known classes. In contrast to neural networks, logistic regression and SVM, decision tree techniques are well suited for high-dimensional applications and have strong explanation capabilities. There are well-known decision tree induction algorithms such as CHAID, CART, QUEST, C5.0, etc. Among them, we use C5.0 algorithm which is the most recently developed algorithm and yields performance better than other algorithms. We obtained data for the rights issue and financial analysis from TS2000 of Korea Listed Companies Association. A record of financial analysis data is consisted of 89 variables which include 9 growth indices, 30 profitability indices, 23 stability indices, 6 activity indices and 8 productivity indices. For the model building and test, we used 10,925 financial analysis data of total 658 listed firms. PASW Modeler 13 was used to build C5.0 decision trees for the six prediction models. Total 84 variables among financial analysis data are selected as the input variables of each model, and the rights issue status (issued or not issued) is defined as the output variable. To develop prediction models using C5.0 node (Node Options: Output type = Rule set, Use boosting = false, Cross-validate = false, Mode = Simple, Favor = Generality), we used 60% of data for model building and 40% of data for model test. The results of experimental analysis show that the prediction accuracies of data after the IMF financial crisis (59.04% to 60.43%) are about 10 percent higher than ones before IMF financial crisis (68.78% to 71.41%). These results indicate that since the IMF financial crisis, the reliability of financial analysis indices has increased and the firm intention of rights issue has been more obvious. The experiment results also show that the stability-related indices have a major impact on conducting rights issue in the case of short-term prediction. On the other hand, the long-term prediction of conducting rights issue is affected by financial analysis indices on profitability, stability, activity and productivity. All the prediction models include the industry code as one of significant variables. This means that companies in different types of industries show their different types of patterns for rights issue. We conclude that it is desirable for stakeholders to take into account stability-related indices and more various financial analysis indices for short-term prediction and long-term prediction, respectively. The current study has several limitations. First, we need to compare the differences in accuracy by using different data mining techniques such as neural networks, logistic regression and SVM. Second, we are required to develop and to evaluate new prediction models including variables which research in the theory of capital structure has mentioned about the relevance to rights issue.

• The Journal of the Korea Contents Association
• /
• v.5 no.4
• /
• pp.54-61
• /
• 2005

Sixty years have passed since the police system was established in Korea. So far, there have been consistent discussions on independence of police investigational rights. Political powers have mentioned its independence as one of their public commitments and specifically, it has been a big issue in respect to establishment of the current participation government. The issues involved in investigational rights were derived from the regulations as follows: 'Prosecutors shall manage investigation(No. 195. the Criminal Procedure Act) and 'The police shall be guided by prosecutors in respect to investigation'(No. 195. the Criminal Procedure Act). President No Mu-hyun proposed he would take care of the issues involved in investigational rights at an interview. This study speculates investigational right systems of countries that follow continental law system and English law system and more valid investigational right system based on the guaranty of human rights and the principle of power division to find reasonable suggestions on independence issue.

• KCID journal
• /
• v.14 no.1
• /
• pp.8-16
• /
• 2007

• The Korean Society of Law and Medicine
• /
• v.10 no.2
• /
• pp.455-492
• /
• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• The Research Journal of the Costume Culture
• /
• v.32 no.2
• /
• pp.287-298
• /
• 2024

Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

• Journal of the Korean Institute of Rural Architecture
• /
• v.10 no.1
• /
• pp.67-74
• /
• 2008

Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.