• Journal of Arbitration Studies
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• v.21 no.2
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• pp.85-112
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• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• Smart Media Journal
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• v.12 no.11
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• pp.185-197
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• 2023

This study was conducted using text mining and network theory to extract useful information for application for occupancy and performance of permit tasks contained in the permit contents from the permit register, which is used only for the simple purpose of recording occupancy permit information. Based on text mining, we analyzed and compared the frequency of vocabulary occurrence and topic modeling in five regions, including Seoul, Gyeonggi, Gyeongsang, Jeolla, Chungcheong, and Gangwon, as well as normalization processes such as stopword removal and morpheme analysis. By applying four types of centrality algorithms, including stage, proximity, mediation, and eigenvector, which are widely used in network theory, we looked at keywords that are in a central position or act as an intermediary in the network. Through a comprehensive analysis of vocabulary appearance frequency, topic modeling, and network centrality, it was found that the 'installation' keyword was the most influential in all regions. This is believed to be the result of the Ministry of Environment's permit management office issuing many permits for constructing facilities or installing structures. In addition, it was found that keywords related to road facilities, flood control facilities, underground facilities, power/communication facilities, sports/park facilities, etc. were at a central position or played a role as an intermediary in topic modeling and networks. Most of the keywords appeared to have a Zipf's law statistical distribution with low frequency of occurrence and low distribution ratio.