• Journal of Software Assessment and Valuation
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• v.16 no.2
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• pp.25-35
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• 2020

In the Korean litigation system, structural maldistribution of evidence still remains a conundrum. Numerous solutions have been discussed so far and, today, few people deny the need for adopting a system similar to the discovery procedure in the United States. In the intellectual property (IP) domain, a wide range of legislative attempts have been made to improve the litigation system, especially for patent litigation. However, the adoption of discovery in copyright litigation is seldom discussed, despite the fact that copyright infringement lawsuits increasingly involve highly technical issues, especially in case of copyrightable computer programs. The lack of discussion on discovery adoption forms a stark contrast with the active attempts to adapt and adopt discovery procedure for patent litigation. In copyright infringement lawsuits, especially for copyrighted computer programs, securing evidence takes on crucial importance. However, in reality, there are numerous obstacles. Some lawsuits proceed even without properly securing the infringed work. To address this issue, the current litigation system needs to be improved by adopting a procedure similar to discovery. This paper reviews what solutions are being utilized today, and how we should approach the issue.

• Fire Science and Engineering
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• v.27 no.6
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• pp.97-103
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• 2013

This study analyzes the present public construction ordering system focussing on the legal framework for the fire facilities construction business and investigates the problem of subcontracting, and further reviews why Separate Prime Contracting should be recommended in policy, social, legislative and regulative terms. This study suggests the amendment of Fire Facilities Construction Business Act, with new bill drafting. The result of this study shows the present public construction ordering system has huge disparities between main building construction business and fire facilities construction business, and recommend Separate Prime Contracting should be adopted in the fields of fire facilities construction business. The system of Separate Prime Contracting may secure business entities' responsibility and higher quality of fire facilities, and also result in reasonable construction practices in reasonable costs. This system may also contribute to improve public safety level in fire facilities construction.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.505-510
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• 2002

Bans on TBT based antifouling paints have been drafted since 1998 by meetings 42, 43, 45 and 46 for the MEPC (Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of IMO in October 2001. It was a key issue that there should be a global prohibition on the application of organo-tin compounds as biocides in Anti-fouling systems by Jan. 2003, and a complete prohibition on the presence of organo-tin compounds on ships by 1 Jan. 2008. This paper suggests a method to design International Anti-fouling system cretificate, Record of anti-fouling system, Endorsement of the Records, Declaration on Anti-fouling System, Port State Control and reform(legislative) associated a law.

• Korean Journal of Legislative Studies
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• v.24 no.2
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• pp.39-66
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• 2018

This paper analyzes the structures and issues of 2018 Korean local elections based on the author's observations on the electoral processes. Even if this paper does not follow a traditional statistical method, it provides the interpretative meanings of 2018 local elections by utilizing an expert's observations of campaign processes. This result of 2018 election can be summarized into two analytical frames. In terms of electoral competition structure, three key factors, such as presidential approval rating, party competition structure, ideological spectrum, tend to affect the winning of governing party. In the light of election issue, the inter-Korean summit, the Washington-Pyeongyang summit, Incheon deprecating remark were positive to the vote gains of governing party, but the negative campaign, the drucking scandal and the swing voters were found not to be significant. The local election in Korea tends to show dual meanings, a proxy war of national-level politics and a composition process of local government. This paper found that the 2018 election has dual meanings at the same time, in a sense that it is the punishment of the ex-governing party's wrongdoing and the power change of local government.

• Journal of the Korea Society of Computer and Information
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• v.14 no.10
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• pp.111-121
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• 2009

Public Information Documental of the administrative, legislative and judicial etc. is lastingness documental and need administration. Whenever the crime event happens, judicature's documental is lent frequently to reference data and is returned, event posting of documental, hysteresis inquiry, lending/return, conservation search, documental exhaust management must consist for administration of lastingness documental. RFID is utilized by the practical use plan of recent Ubiquitous information. Because attaching tag to lastingness documental that use RFID in this treatise, register and manage documental, and chase hysteresis, and design upkeep, present condition analysis of lastingness documental to search, S/W, H/W, network layout, Ubiquitous RFID lastingness recording administration system. Construct lastingness recording administration system after a performance experiment and a chase experiment that is applied in spot that attach 900MHz important duty's RFID tag. After construction practice, create link sex with connection system, security analysis and Forensic data and analyze improvement effect. Is going to contribute Ubiquitous information technology application and Forensic technology development in country documental administration through. research of this treatise.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.135-170
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• 2018

The recent success of populist parties and candidates in the US and European countries leads to a massive amount of empirical research on populism, a deviant form of representative democracy. Much ink has been spilled to define populism and to identify the causes of its rise and continued success in democratic political system. However, little is known about populist attitudes of individual voters. Using a large-scale online survey fielded in the context of the South Korean presidential election in 2017, this study examines (1) what determines populist attitudes of South Korean voters and (2) how populist attitudes are associated with evaluations of political parties, candidates, and political issues. Statistical analysis reveals that people high on populism are more likely to support an underdog left-wing political party and its presidential candidate, and are less likely to support policies implemented or proposed under the auspices of the Park Geun-hye administration. These findings do not necessarily suggest the inherent affinity between populism and left-wing ideology; rather, it implies populist attitudes happened to appear in 2017, in reactions to lack of confidence in the previous government.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.195-225
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• 2009

One of the most significant additions to the Warsaw Convention liability system, brought about by the coming into force of the Montreal Convention 1999(MC 99), was the creation of the new so-called fifth jurisdiction, whereby an Article 17 action for damages for passanger bodily injury or death only, may be brought at the option of the claimant/plaintiff. The fifth jurisdiction-the pernanent residence of the passenger at the time of the accident,provided that the carrier has a specified business presence in that jurisdiction-was one of the provisions of MC99 that provoked the most debate at the Montreal Conference leading to the adoption of MC99. Some scholars in China fear that the fifth jurisdiction will be abused after the MC99 came into force to China in 2005. The present article argues that the fifth jurisdiction would not be abused as long as such international private doctrines as forum non-conveniens are applied by the trial court appropriately. The article also points out that the challenge before the legislative body of China is to amend the civil aviation law and other related laws so that to solve the conflicts among the laws and meet the obligations provided by the MC99.

• International Commerce and Information Review
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• v.6 no.1
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• pp.249-265
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• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.40-66
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• 2002

The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

• Management & Information Systems Review
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• v.4
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• pp.611-629
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• 2000

In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.