• Asian review of World Histories
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• v.3 no.1
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• pp.81-112
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• 2015

This essay interrogates the category of the 'global' in the emerging domain of 'global intellectual history'. Through a case study of the Indian social-religious reformer Rammohun Roy (1772/4-1833), I argue that notions of global selfhood and rights-consciousness (which have been preoccupying concerns of recent debates in intellectual history) have multiple conceptual and practical points of origin. Thus in early colonial India a person like Rammohun Roy could invoke centuries-old Indic terms of globality (vishva, jagat, sarva, sarvabhuta, etc.), selfhood (atman/brahman), and notions of right (adhikara) to liberation/salvation (mukti/moksha) as well as late precolonial discourses on 'worldly' rights consciousness (to life, property, religious toleration) and models of participatory governance present in an Indo-Islamic society, and hybridize these with Western-origin notions of rights and liberties. Thereby Rammohun could challenge the racial and confessional assumptions of colonial authority and produce a more deterritorialized and non-sectarian idea of selfhood and governance. However, Rammohun's comparativist world-historical notions excluded other models of selfhood and globality, such as those produced by devotional Vaishnava, Shaiva, and Shakta-Tantric discourses under the influence of non-Brahmanical communities and women. Rammohun's puritan condemnation of non-Brahmanical sexual and gender relations created a homogenized and hierarchical model of globality, obscuring alternate subaltern-inflected notions of selfhood. Class, caste, and gender biases rendered Rammohun supportive of British colonial rule and distanced him from popular anti-colonial revolts and social mobility movements in India. This article argues that today's intellectual historians run the risk of repeating Rammohun's biases (or those of Hegel's Weltgeschichte) if they privilege the historicity and value of certain models of global selfhood and rights-consciousness (such as those derived from a constructed notion of the 'West' or from constructed notions of various 'elite' classicized 'cultures'), to the exclusion of models produced by disenfranchised actors across the world. Instead of operating through hierarchical assumptions about local/global polarity, intellectual historians should remain sensitive to and learn from the universalizable models of selfhood, rights, and justice produced by actors in different spatio-temporal locations and intersections.

• SUVANNABHUMI
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• v.7 no.2
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• pp.79-103
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• 2015

Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70's and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present-truth-telling, prosecution for the crimes committed, and a grant of compensation.

• 한국사회정책
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• v.20 no.3
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• pp.117-140
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• 2013

This research focuses on the effects of international and national factors on the legislation of data privacy law in 117 countries from 1960 to 2011. Previous research on data privacy law usually put its emphasis on the contents of data privacy law, legal interpretation of data privacy law or legal cases; yet it lacks academic approaches from human rights perspectives. This paper points out the diffusion of data privacy law in nation states and analyzes the effects of national international factors affecting the legislation of data privacy law using an event history analysis. It turns out that the increasing number of internet users and international human rights regime are positively associated with the likelihood of having data privacy law. Contrary to our hypotheses, FDI, internal human rights practices, and the level of high technology do not show any effects on the likelihood of having a data privacy law.

• Journal of Korea Society of Digital Industry and Information Management
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• v.18 no.1
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• pp.37-45
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• 2022

With the development of the 4th industry, big data using AI is being used in many areas of our lives, and the importance of data is increasing accordingly. In particular, as various services using personal information appear and hacking attacks that exploit them appear in various ways, the importance of personal information management is increasing. Personal information must be managed safely even when collecting, retaining, using, providing, and destroying personal information, and the rights of information subjects must be protected. In this paper, an analysis was performed on the notification of usage history during the protection of the rights of information subjects using the MyData model. According to the Personal Information Protection Act, users must be periodically notified of the use of personal information, so we notify each individual of the use of personal information through e-mail or SNS once a year. It is difficult to understand and manage which company use my personal information. Therefore, in this paper, a personal information usage history notification system model was proposed, and as a result of performance analysis, it is possible to provide the controllability, availability, integrity, source authentication, and personal information self-determination rights.

• The Journal of Korean Medical History
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• v.29 no.2
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• pp.83-105
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• 2016

Traditional medical knowledge and its biological resources, including Korean Medicine, has regarded as an important object of intellectual property rights. International organizations have been discussed and implemented various treaties on how to exercise and protect the property rights of traditional medicines. In Korea, the governmental policies and the academic societies have endeavored to establish the protection method and academic foundations of Korean Medicine's intellectual properties. This study will examine the current situation of discussions in major international organizations and Korean governmental policies related to the protection of traditional medical intellectual properties. Furthermore, this paper will contemplate the possible arguments and countermeasures to protect the traditional knowledge of Korean Medicine. We hope that this study will contribute to find the reasonable and effective ways of protection of Korean Medicine's intellectual property rights.

• Journal of the Korea Fashion and Costume Design Association
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• v.3 no.2
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• pp.5-21
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• 2001

The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

• Journal of Forest and Environmental Science
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• v.32 no.1
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• pp.82-93
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• 2016

This article presents an overview of the Native Customary Rights to forests and its role in protecting the future of native people of Sarawak, Malaysia. The native people have had a long history and strong relationship with their forests. Existing documents and studies have been critically reviewed and analyzed in order to elaborate the Native Customary Rights which are critical to the native people of this region. To have a better understanding on Native Customary Rights, it is important to answer three related questions: (i) Who is a native of Sarawak, (ii) What is 'custom', and (iii) What is the nature of 'rights'? The roles of Native Customary Rights for economic, political or social reasons, operate through informal rules embedded in the natives' customs and traditions. These rules have never been codified into formal laws because the adat system merely functions to manage the human relations which are tied to culture thus making it difficult to codify the culture into laws. It is evident that there are several issues underlying the development of Native Customary Rights: (i) Native Customary Rights are considered as inferiority to those of the State, (ii) the issue of over-shadowing of traditional laws by the colonial rule and the current statutory laws and, (iii) projects and land schemes involving the Native Land. It is understood that the challenges of promoting Native Customary Rights are daunting task; however, the constitutional laws need to carefully revise to provide a better future for the natives.

• Journal of Ginseng Research
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• v.47 no.3
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• pp.359-365
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• 2023

Ginseng was the most revered of the herbs in ancient times in China, Korea, Japan, America. Ginseng was discovered over 5000 years ago in the mountains of Manchuria, China. References to ginseng are found in books dating back more than two millennia. It is revered by the Chinese people as it is considered a herb for everything use and therefore for a wide range of diseases (currently its Latin name derived from the Greek panacea, meanings, that is, for everything). So, it was used exclusively by the Chinese Emperor's, and they were willing to pay the price without problems. Increasing its fame, ginseng brought a flourishing international trade that allowed Korea to supply China with silk and medicines in exchange for wild ginseng and later along with what grows in America.

• International Commerce and Information Review
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• v.13 no.3
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• pp.489-510
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• 2011

Free Trade Agreement (FTA) between the Korea, of the one part, and the EU and its member states, of the other part, has been effective, as of 1 Jul 2011. EU enlarged its members up to 27 countries including Romania and Bulgaria in 2007, and stood up as the second largest trading partner to the Korea right after the China. FTA, generally, shows the several different figures according to the countries concerned on the agreement The EU has long history and cultural, educational assets. In addition to that, the EU also has economical, industrial bases. Therefore, the EU seeks fruitful profits utilizing its intellectual property rights. There are copyrights and related rights, trade marks, geographical indications, designs, and patents, etc. on the Chapter 10. intellectual property rights of the Korea EU FTA. Among them, the others except geographical indications seem to be somewhat the terms advantageous to the Korea. It is possible to ask further requirements to the Korea in the years to come because the EU member countries are very much interested in the practical profits of intellectual property rights. Thus, it would be essential tasks for us to review the intellectual property rights protection and features of the Korea EU FTA.

• Journal of Korean Society of Archives and Records Management
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• v.12 no.3
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• pp.47-69
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• 2012

There are so many personal experiences and innermost feelings in oral history resource. Thus, when we use the oral history resource, it has a lot of the possibility to arise ethical and legal issues. To prevent the problems and to protect interviewee, it is needed to comply the guideline for ethical and legal issues through the oral history project. The ethical issues are applied to every step of the project. The most important principle for ethical issues are the mind to protect the dignity of interviewee. The moral right is classified the right of privacy and defamation issues. The right of privacy is basic human rights to guard for the freedom of the individual. The defamation is defined as a false statement of the fact about a person which tend to injure that person's interest.