• Architectural research
• /
• v.9 no.1
• /
• pp.1-8
• /
• 2007

These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

• Journal of Arbitration Studies
• /
• v.30 no.2
• /
• pp.69-90
• /
• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• Journal of Information Processing Systems
• /
• v.11 no.2
• /
• pp.229-238
• /
• 2015

Web shells are programs that are written for a specific purpose in Web scripting languages, such as PHP, ASP, ASP.NET, JSP, PERL-CGI, etc. Web shells provide a means to communicate with the server's operating system via the interpreter of the web scripting languages. Hence, web shells can execute OS specific commands over HTTP. Usually, web attacks by malicious users are made by uploading one of these web shells to compromise the target web servers. Though there have been several approaches to detect such malicious web shells, no standard dataset has been built to compare various web shell detection techniques. In this paper, we present a collection of web shell files, WebSHArk 1.0, as a standard dataset for current and future studies in malicious web shell detection. To provide baseline results for future studies and for the improvement of current tools, we also present some benchmark results by scanning the WebSHArk dataset directory with three web shell scanning tools that are publicly available on the Internet. The WebSHArk 1.0 dataset is only available upon request via email to one of the authors, due to security and legal issues.

• Journal of Environmental Policy
• /
• v.14 no.2
• /
• pp.101-131
• /
• 2015

A cap-and-trade program accounting for 60 percent of total national greenhouse gas emissions was launched in South Korea in 2015. Academic literature expects that the implementation of such a policy is likely to adversely impact income distribution among various socioeconomic groups in developed countries. South Korea is challenged by equity issues, as well circumstances, the distributional implications of carbon pricing policies need to be examined and reflected in the design of the program prior to implementation in order not to exacerbate social inequity. Using environmentally extended input-output analysis together with household expenditure data, this study finds that a carbon pricing policy will be regressive in South Korea, but the extent depends on whether relative burdens of a carbon pricing policy are measured based on current incomes or proxies of permanent incomes. Along with poor households, this paper finds that elderly and urban households will be more adversely impacted in South Korea. These burdens can be relieved if a small fraction of the revenue is redistributed to households.

• Journal of Korean Society of Transportation
• /
• v.23 no.6 s.84
• /
• pp.55-67
• /
• 2005

There are 24 airways in Incehon IFR, including 11 domestic routes and 13 international routes. The airways designated by ministry of Transportation and Construction are the routes for aircraft to fly being serviced by air traffic control system for flight safety. This study reviewed safety situation of existing permanent airways within Incheon IFR and temporary airways connecting North and South Korea. The study tried to identify the problems related to airway operation and to suggest solutions to the questionable area. The main findings are as follows: It is necessary to improve the existing normal airway systems and enlargement of the route. The airway A593 has to be upgraded to normal route. The temporary airways established to connect Seoul and Pyongyang also needs to be upgraded by air traffic control transfer agreement between two Koreas.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.25 no.4
• /
• pp.154-160
• /
• 2017

In the former aviation law, only the Ministry of Land, Infrastructure and Transport has to provide air traffic services, In the case of providing aviation transportation service from civilian, such as aviation special education institution, private airfield installer, it was possible to carry out only by receiving a private contract from the government. But at the time of private consignment, the fact that the government has to bear the cost through the contract act. It is pointed out that it is a factor that hinders efficiency in the operation sector. Accordingly, in Article 85 of the Aviation Safety Act, which was enforced in March 2017, legal grounds were established to provide air traffic services excluding the Ministry of Land, Infrastructure and Transport. At the same time, we have introduced the air traffic services operating certification system, which enables the air traffic services to meet the requirements set by the Ministry of Land, Infrastructure and Transport in order to secure the safety of air traffic. In this study, we examine the major issues and problems of the small private control tower operated by the private institute in Korea. The effect of introduction of the air traffic services operating certification system which can introduce all the institutions which do not belong to the control agency in the former aviation law into the institutional system and the operation plan were examined.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.271-310
• /
• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

• The Korean Society of Law and Medicine
• /
• v.11 no.2
• /
• pp.181-208
• /
• 2010

Maternity services is often perceived as a troublesome business and obstetric litigation is on the increase in Western countries. Overall, the number of claim and cost of litigation to the NHS Litigation Authority (NHSLA) from maternity services in the UK is increasing every year. Maternity services account for 60-70% of the total sum paid. This has widespread implications for both the individual practitioners and the institutions where they work, due to increasing malpractice insurance premiums. Fear of litigation is also attracting fewer medical graduates into the specialty, leading to a recruitment crisis in obstetrics and gynaecology. The litigation process can cause pain, suffering and distress to clinicians as well as to the patients and their families. Litigation in maternity services is the result of a complex of events when malpractice (presumed or real) impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medicallegal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with other measures. Considering UK's experiences, NHS redress scheme make it easier to pursue small claims and birth related claims, without necessarily reducing the number of claims processed through the conventional legal system and perhaps encouraging even more of them. The task of dealing with the greater number of inquiries into their practice would inevitably create an added burden for clinicians and hospital managers. Thus further proposals are required to limit the cost of processing inflated claims and to consider whether clinicians should be given some protection from litigation alleging a failure to prevent birth related impairment.

• Journal of Korean Institute of Industrial Engineers
• /
• v.41 no.4
• /
• pp.352-358
• /
• 2015

It is important to guarantee the safety of vehicle to minimize the damage to the driver in case of the accidents. In order to inspect and later enhance the safety of vehicle, the owner of the vehicle usually have a vehicle safety inspection. The Korea Transportation Safety Authority (KOTSA) issues the Comprehensive Performance Inspection Certificate after vehicle inspection. The certificate only specify the legal inspection criteria for safety and measured values of the safety parameters, however, as ordinary driver in lack of expert knowledge about the vehicle is difficult to understand the contents of the Certificate. Thus, in this paper, the authors try to give the information about the inspection results in easier way to understand. This information not only guarantees the owner of the vehicle to better understand the inspection results, but it also gives the opportunity to the driver to deal with the specific problem listed in the results. The methods in this paper are to transform the vehicle inspection data into the non parametric distribution to easily represent the values to the index later on. Also, example indexes are presented to the actually inspected vehicle based on the reference distribution to show the better assessment of the developed method.

• Journal of Korean Library and Information Science Society
• /
• v.48 no.3
• /
• pp.21-44
• /
• 2017

This study examines policy issues for the future development of libraries belonging to the metropolitan office of education focusing on facilities (legal basis for installation), management (dedicated department), human resources and budget. This study collected and analyzed related data using National Law Information Center and National Library Statistics System. As a result of this study, the names of the libraries performing library functions varied due to the difference of the administrative organizations of the libraries in the metropolitan education office. In addition, library policy work carried out by the library department may be excluded from policy priorities as a subsidiary task. It is analyzed that the expansion of quota of the librarian deputy director to provide the opportunity for promotion of librarians and the increase of the library input budget against the total budget are necessary.