• Title/Summary/Keyword: Transfer of Development Rights

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Analysis on the Effect of Regional Characteristics and Housing Market Characteristics on Population Growth (지역 및 주택 시장 특성이 인구 증가에 미치는 영향 분석)

  • Oh, Sang-Ho;Suh, Jeong-Yeal
    • Journal of Cadastre & Land InformatiX
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    • v.49 no.1
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    • pp.123-144
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    • 2019
  • The purpose of this study is to grasp factors the increasing population growth rate of the region through the regional and housing market characteristics. This paper has used multiple regression as the dependent variable (average of the population growth rate of 85cities during the last five years) and the independent variables analyzed the regional and housing market characteristics on the average. The results of the analysis, The regional and housing market variables that have had a significant impact on the regional population growth rate over the last five years are birth rate, employment rate, production available population growth rate, apartment rate, resale rights rate, and apartment turnover rate and the number of businesses per thousand and has decreased. In other words, The regions where the population increased by region for the last five years were the ones with the transfer of public institutions (innovation cities) and land development among the Seoul metropolitan area and non-Seoul metropolitan area excluding Seoul and metropolitan cities. The results of this study is intentional to suggest Policy point of view for the balanced regional development presented at the government level for other the metropolitan area, such as the small and medium cities that are undergoing population decline.

A Study on the enforceability of Shrink-wrap License under the Contract Law of USA (미국(美國) 계약법(契約法)하에서 소위 "쉬링크랩라이센스" 계약(契約)에 관한 일고찰(一考察))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.129-150
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    • 2003
  • Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

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A study on job-satisfaction and Turn-over(Transferability) of Dental Technicians in Korea (한국 치과기공사의 직무만족과 직장이동에 관한 연구)

  • Lim, Byung-Chul
    • Journal of Technologic Dentistry
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    • v.11 no.1
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    • pp.71-81
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    • 1989
  • This study was aimed for bettering productivity and technical level of the dental 1 aboratory, and helping the dental technician's benefits and rights, and then endowing them some belonged atmospher and stability on their post by Improving job- satisfaction and maintaining the transferability of one's post at a proper limitation. Therefore, 320 dental technicians extracted randomly from all the technicians working at 494 dental laboratories were subjected for this study. The approach to the study was a way through some postal questionaires executed from March 29, 1988 until May 4, the same year, in which total 254 technicians answered, showing 79% resp"nserate. responserate. The data-analysis was done by a model of the dental technician's transferability from their post, as considering Mobley's(1978)-model of post-transferability, and results through the study are as follows : 1. Satisfaction at a given post showed that the married is better than the unmarried(<0.05), and the experienced is better than the inexperienced(P<0.01). 2. Age, sex, educational experience, and one's service-duration did not affect significantly to the respondent's satisfaction on their post, statistically. 3. Satisfaction at a given post differed in adccordance with given conditions of one's post, i. e.,it stowed high when the monthly payment was good(P<0.05), and when too much duty on their job was given, it was the worst as shown in an example of the next order, too much

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The Role of Patent Utilization for Technology Innovation and Legal Improvement (기술혁신에 있어서 특허활용의 역할 및 법제도적 개선방안)

  • Shim, Mi Rang;Jang, Tae Mi;Ryu, Kye Hwan
    • Journal of Korea Technology Innovation Society
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    • v.16 no.3
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    • pp.809-838
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    • 2013
  • Innovation is the development of new customers value through solutions that meet new needs, inarticulate needs, or old customer and market needs in value adding new ways. This is accomplished through more effective products, processes, services, technologies, or ideas that are readily available to markets, governments, and society. Innovation differs from invention in that innovation refers to the use of a better and, as a result, novel idea or method, whereas invention refers more directly to the creation of the idea or method itself. Therefore, the utilization of patents is the most important of the three aspects (creation, protection and utilization) in the patent system for getting to actual innovation. In order to increase the patent use, the rates of the applied patents to a real industrial process and the bargain and license of patent rights should be promoted. For promoting technological innovation substantially, there is necessary to escape from dichotomy of weakening or enhancing patent protection in the discussion on the changes of patent system for "Adequate patent guarantees". Furthermore, the legal and institutional improvements to enable the use of patent should be discussed together. Recently, open innovation is a new paradigm that assumes that firms can and should use external ideas as well as internal ideas, and internal and external paths to market, as the firms look to advance their technology" or "Innovating with partners by sharing risk and sharing reward." The boundaries between a firm and its environment have become more permeable; innovations can easily transfer inward and outward. The central idea behind open innovation is that in a world of widely distributed knowledge, companies cannot afford to rely entirely on their own research, but should instead buy or license processes or inventions (i.e. patents) from other companies. In addition, internal inventions not being used in a firm's business should be taken outside the company. In the era of open innovation, more flexible patent use strategy is essential. It is important that improvements for the legal system in order that patented technology can be applied for products and processes in a real industrial between outside and inside of the firms.

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Comparative legal review between national R&D projects and defence R&D programs - A study on improvement of royalty system for the promotion of aircraft industry - (국가연구개발사업 및 국방연구개발사업 간 비교법적 검토 - 항공기산업 진흥을 위한 기술료 제도 개선에 관한 연구 -)

  • Lee, Hae-Jun;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.153-180
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    • 2020
  • This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.