• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.143-172
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• 2006

This study focuses on the risk management of "Digital Goods" appeared with the progress of information technology(IT) in international transaction. As a result of that digital goods have a lot of uncertainty between the general goods or service which have been deal with object of international transaction broadly because digital goods hold uniqueness. In this study, the author give a definition of "Digital Goods" and make an examination of uniqueness of that in international transaction. Next, six risks are defined base on risk theory and risk analysis matrix applying risk mapping model is made. Conclusionally, risk transfer as insurance is adequate to manage business risk, security risk, credit risk and legal risk. Meanwhile, risk avoidance is adequate to manage reputation risk and market risk. But, this study have following three limits. Firstly, concerning definition of the risk, real case is not applied owing to lack of transaction data. Secondly, measuring of the risk is not based on absolute data but relative data. Lastly, suggesting way of risk management is not concrete and practical to international trader of digital goods.

• Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
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• 2004.03a
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• pp.613-616
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• 2004

Recently, in a field of cadastre, a computerization of cadastral map is in progress with great growth of GSIS field. Also, the needs for the integration of land and building information are widely increasing for integral-management and its application of various land related information. Through a revision of cadastral laws to replace the existing 2D-Cadastre with the 3D-Cadastre, a legal basis to register the position of buildings and facilities is prepared in the governmental or civil fields. This paper presented 3D-Cadastre theory that has been studied on Europe and surveyed building position directly with Totalstation at cadastral control point after choosing pilot test area, Also, the most efficient surveying method of registering building in a cadastral map is presented with comparing and analyzing building position after surveying digital orthophoto and digital map.

• Journal of Acupuncture Research
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• v.19 no.1
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• pp.244-261
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• 2002

Objective & Methods : For development the new therapy applied on musculoskeletal and related diseases, We reviewed the XiaZhenDao therapy of new therapies used in other countries by texts and papers. Results : We investigated the theory, standardization, indications, contraindications, using methods, notices and advantages in textures, and compared this with other therapies. We discussed problems and requirements to using this therapy in Korea. Conclusion : The XiaZhenDao therapy is very effective new therapy to treat musculoskeletal and related diseases. To using this therapy in Korea, we will have to prepare legal and systemic equipments and supply complete educations and practices.

• Journal of Information Science Theory and Practice
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• v.6 no.1
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• pp.18-30
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• 2018

Interest in open data is continuing to grow around the world. In particular, open government data are considered an important element in securing government transparency and creating new industrial values. The South Korean government has enacted legislation on opening public data and provided diversified policy and technical support. However, there are also limitations to effectively utilizing open data in various areas. This paper introduces an administrative district knowledge model to improve the sharing and utilization of open government data, where the data are semantically linked to generate a knowledge graph that connects various data based on administrative districts. The administrative district knowledge model semantically models the legal definition of administrative districts in South Korea, and the administrative district knowledge graph is linked to data that can serve as an administrative basis, such as addresses and postal codes, for potential use in hospitals, schools, and traffic control.

• Journal of Physiology & Pathology in Korean Medicine
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• v.33 no.5
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• pp.261-266
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• 2019

In order to cope with various issues about access to public health system of Korean medicine and reformation of college curriculum and argument of pseudoscience on Korean medicine etc., a new definition of Korean medicine was devised. Two ways of approach were tried through analysis of precedent cases of definition on traditional medicine firstly and analysis on concept and logic of Korean medicine secondly. As a result, Korean medicine can be defined as a science of theories and application techniques for maintaining health and diagnosing, treating and preventing conditions、causes、prognosis of diseases or damages based on the correlative and complicated understanding about the structure and function of mind and body out of human lives under the environment and society. This definition can be used as a basis to derive legal rights or scope in area of research and education policies and social institutions of the Korean medicine and to confront scientification criticism hereafter.

• Asian Journal of Innovation and Policy
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• v.7 no.3
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• pp.606-624
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• 2018

Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

• Journal of English Language & Literature
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• v.54 no.1
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• pp.61-76
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• 2008

F. Scott Fitzgerald's The Great Gatsby has been interpreted to be saturated with the lamentation over the distortion and evaporation of the American dream. The application of Friedrich Nietzsche's mythic concept of Dionysus, discussed in The Birth of Tragedy, surfaces a fresh layer of the novel, subverting the established pessimistic reading. To focus on a peripheral character, Myrtle Wilson, through Nietzsche's theory brings forth an optimistic vision of the author. A Dionysian ecstasy so powerfully overwhelms Myrtle that she perceives Tom, the very picture of corruption and crime in Fitzgerald's text, as a benefic liberator. Her impassioned perception of Tom enables her to soar over both legal or moral censorship and her realistic confinement. Myrtle's amoral passion endows her with the vital desire to live. Her Dionysian dynamo embodies the core of new version of the American dream Fitzgerald suggests as a measure to reanimate the lost generation of his nation.

• Maritime Security
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• v.1 no.1
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• pp.31-59
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• 2020

The purpose of this study is to clarify why Russia has changed its position on the Caspian Sea Convention to allow cross-Caspian routes. The theory that explains Russia's change of position on Eurasian integration suggests isolation from the West and rising political and economic importance in the Asia-Pacific as cause, but fails to explain the cause of the change in position that could allow Western influence. Thus, this article suggests that a change in Russia's perception on expanding Eurasia's influence as the cause of the change on its position on the Caspian Sea.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.37-73
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• 2001

I. Preface It is widely understood that the 21st century, with the development of information technology(IT) and the spread of networks, will be called a digital economy where information-driven business will be norm rather than the smokestack economy of the past. And the drastically changed world market is expected to generate even more commercial transactions across the world creating large numbers of legal disputes. Therefore, each country will attempt to develop ADR(Alternative Dispute Resolution) as an alternative to judicial proceedings in order to cope with not only the ever-increasing international commercial claims but also domestic legal disputes. Taking this reality into account, this study begins with an exploration of mediation procedure as a way of helping the court faced with its overwhelming numbers of lawsuits. And also this study makes a theoretical comparison between ADR and mediation procedure, analyzing critical factors affecting the mediation agreement. Furthermore, it is designed to find ways for disputing parties to make better use of mediation and ensure fairness to the parties involved. It tries to enhance mediators' understanding of critical factors influencing the mediation agreement and their ability to handle commercial disputes in a more efficient way. To make an empirical analysis of these factors, bibliographic research and questionnaire were used. This analysis will fill the gap between the theory and reality, and make possible the structured research on the factors. Therefore, this study sets the model by which we can evaluate how the three critical factors (parties' inclination, mediators' characteristics, institutional features) affect the parties reaching a mediation agreement. Based on this analysis, a theoretical hypothesis was built and a questionnaire was made and distributed. During the course of this work, SPSSWIN 10.0 program was applied.