• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.387-421
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• 2003

On the above, a comparison between preliminary draft conventions and comments by the Int'l Chamber of Commerce, contents of preliminary draft convention, problems and alternative are discussed. The conclusions are as follows thereof : The laws of MLEC and MLES made preparation for electronic era of CISG. But electronic circumstances are more changed than the time of regulation of them. Therefore the business world needs a stand-alone convention dealing broadly with the issues of contract formation in electronic commerce. At last, preliminary draft convention delivered a second round. But the base of the instrument was also MLEC and MLES. The revised preliminary draft convention is much amended beyond preliminary draft convention. At its forty-one sessions, the working group reviewed articles 1-11 of the revised preliminary draft convention presented by the secretariat. The remainder was pending until the time of its forty-two sessions. Therefore, on the base of deliberations and decisions of that sessions and them of thirty-six sessions of UNCITRAL, which will be held on comming november, the draft convention which will be prepared by the secretariate, be re-revised preliminary draft convention. According to review of working group on them, preliminary draft convention will officially be draft convention or revise by secretariate. Under these situations, my points of view on draft convention are as follows : As though e-UCP is used carring out side by side with UCP, after e-CISG making in order to adjust CISG to "on" transaction, it is very easy and prompt for business worked to use CISG with e-CISG. This will facilitate ratification of the CISG. For this case, I already presented contents of e-CISG. It is very important for the preliminary draft convention to deal specially with issues related to electronic contracting or to electronic transaction, because according to which way, its contents and scope of application will be different. But the revised draft convention is regretably compromising both them. Consequently, its contents are very confusing and we could not expect its success. If e-CISG will regulate, it is desirable that, if possible, working group has to make the general rule, and the making of useful, practical, affordable rule for electronic commerce, for example Uniform Customs and Practices for Electronic Commerce(e-UEC) in order to solve the specific practical problems, if any, which business currently faces regarding electronic contracting, has to entrust ICC. If working group want to make e-CISG, it is important not to hesitate and take a significant amount of time.

• Korean journal of communication and information
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• v.38
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• pp.211-244
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• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• Korean journal of communication and information
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• v.58
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• pp.106-129
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• 2012

Social Network Service(SNS), which are an emerging form of political architecture, have been a political means to promote civic engagement and shape pubic opinions on social issues. Along with the influence of SNSs, the governmental control on the dissemination of information over SNSs has increased more and more. It would be ideal if the autonomous governance regulates SNSs which facilitate the networks of the dispersed people. It is the fact, though, that compulsory regulations under which the government controls impose policy and legal restrictions on political expressions. The current study addresses expressive and participatory nature embedded in technological characteristics of SNSs and discusses the problems of content regulations of political expression over SNSs. First of all, it is analyzed that light touch regulation or light touch monitoring should be applied to regulating content on SNSs, particularly political expressions. Constitutional Court proclaimed that legal restrictions on the Internet could infringe basic rights of the people and thus under unambiguous standards, the Doctrine of Clear and Present Danger should be applied to its content. Second, it is found that clarifying the definition of illegality in the application of legal restrictions is necessary to minimize the excessive misleading. Third, it is required that Korea Communications Standards Commission under the government control needs to change in determining the scope of illegal information. In a domestic level, there needs to be safeguards for the protection of the self-regulatory organization such as KISO to guarantee voluntary and autonomous regulatory practices.

• Journal of radiological science and technology
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• v.30 no.2
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• pp.89-93
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• 2007

Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contract that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of his office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium.

• The Journal of the Convergence on Culture Technology
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• v.9 no.2
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• pp.221-226
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• 2023

Can art really change the way people understand and interact with nature in order to reduce the possibility that ecological disasters will continue to expand due to failure to correct human actions that damage the global environment? What is the artistic methodology to realize environmental justice and sustainability of life on Earth? This paper seeks to find answers to these questions. Finding ways to look at, feel, understand, and act for the global environment, that is, the process of considering the way of orientation toward the global environment will lead to critical thinking of the history in which human centered behaviors treated nature as a resource for exploitation rather than a source of life. Therefore, this paper pays attention to the ecological art of The Harrison Studio, which is called the 'pioneer of the environmental art movement'. In the main body, The Harrison Studio's major projects are analyzed to find ecological implications and aesthetic strategies. In particular, their dialogical methodologies are demonstrated in detail. To this end, the significance of various collaborative practices of The Harrison Studio is explained. The Harrison Studio contributed to expanding the scope of practical experience and understanding of the value of eological art. They have the power to look back on the direction of ecological consciousness by constantly producing mutually connected and overlapping epistemic dimensions without being limited to any uniform rules of exchange.

• KDI Journal of Economic Policy
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• v.12 no.3
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• pp.95-123
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• 1990

Advertising, while providing a linkage between sales and consumption, helps promote rational consumption patterns by expanding the scope of information for consumers facing an ever-increasing array of consumption decisions. In so doing, advertising promotes competition among suppliers and sellers, thereby improving market transparency. Intrinsically, advertising can influence the instantaneous decisions made by consumers, and because of this peculiar feature of advertising, ensuring fair advertising practices is a policy issue of great importance. Concurrently, discerning whether the amount of advertising, which is determined by the profit motive of advertisers, is socially appropriate or whether this amount constitutes a waste of scarce resources is a necessary and indispensable consideration in establishing a public policy to respond to the mounting deluge of advertising. Although the Fair Trade Act and numerous other related laws are being enforced with regard to advertising, it may be difficult to say that a unified, practicable and logical basis for regulating the variegated and complex forms of advertising has been established. This paper examines the various theoretical arguments on the welfare effects of advertising as a rationale to justify regulation from the viewpoint of economics. In this manner, this paper helps define the essential nature of advertising and seeks to present a rational approach toward the regulation of advertising.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.121-146
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• 2018

In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

• Korean Journal of Construction Engineering and Management
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• v.15 no.6
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• pp.92-104
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• 2014

CM services have been increasingly practiced over the two decades in the Korean construction industry, and recent efforts focus on further development in advanced CM capabilities and expansion to overseas market. However, there has been lack of holistic research to investigate current status and future direction of CM industry in Korea. In this context, the purposes of this study are 1) to analyze current status of Korean CM industry in terms of owners, market, CM firms, contracts, and work scopes, 2) to define different types of CM practices, and 3) to propose growth models for Korean CM firms based on the defined CM project types. An extensive literature review and statistical analysis of 2012 CM contracts were performed in order to analyze the CM status. Based on the analyses, ten different CM types are defined, and growth paths of CM firms are illustrated. Implications and lessons learned during the statistical analysis and workshops are briefly introduced as well.

• Journal of KIISE:Computing Practices and Letters
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• v.5 no.5
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• pp.583-594
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• 1999

With the advance of VLSI and network technologies, it has now become a common practice to deploy a various forms of distributed computing environments. A study shows that a lot of network-aware computers are in an idle state for considerable amount of time depending on the types of users and time frames of the day. If we can take the full advantage of those idle computers, we can obtain the enormous combined processing power without further costly investment. In this paper, we present a distributed batch-processing system, called the Java Distributed Batch-processing System (JDBS), which allows us to execute CPU-intensive, independent jobs across a pool of idle workstations on top of extant distributed computing environments. Since JDBS is implemented using a Java programming language, it not only extends the scope of machine types that can be joined to the pool, but makes it a lot easier to build an entire system. Besides, JDBS is scalable and fault-tolerant due to its multi-cluster organization and intelligent strategies. A graphical user interface is also provided to facilitate the registration and unregistration, job submission, and job monitoring.

• Journal of Korea Technology Innovation Society
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• v.16 no.4
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• pp.1109-1133
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• 2013

In an effort to discover new technologies and to forecast social changes of technologies, a number of technology life-cycle models have been developed and employed. The hype cycle, a graphical tool developed by a consulting firm, Gartner, is one of the most widely used models for the purpose and it is recognised as a practical one. However, more research is needed on theoretical frames, relations and empirical practices of the model. In this study, hype cycle comparisons in Korean and global search websites were performed by means of web-search traffic which is proposed as an empirical measurement of public expectation, analysed in a specific product or country in previous researches. First, search traffic and market share for new cars were compared in Korea and the U.S. with a view to identifying differences between the hype cycles in the two countries about the same product. The results show the similarity between the two countries with the statistical significance. Next, comparative analysis between search traffic and supply rate for several products in Korea was conducted to check out their patterns. According to the analysis, all the products seem to be at the "Peak of inflated expectations" in the hype cycles and they are similar to one another in the hype cycle. This study is of significance in aspects of expanding the scope of hype cycle analysis with web-search traffic because it introduced domestic web-search traffic analysis from Naver to analyse consumers' expectations in Korea by comparison with that from Google in other countries. In addition, this research can help to explain social phenomina more persuasively with search traffic and to give scientific objectivity to the hype cycle model. Furthermore, it can contribute to developing strategies of companies, such as marketing strategy.