• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.57-64
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• 2022

This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

• Journal of Soil and Groundwater Environment
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• v.28 no.6
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• pp.1-8
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• 2023

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

• Journal of Fisheries and Marine Sciences Education
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• v.17 no.3
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• pp.340-360
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• 2005

Fishery resource rents(i.e. windfall gains or excess profit), which tend to lead a variety of important economic, social, political problems, have been a fundamental cause of unbalance between fishery resource use and management. Thus, there may exist several sorts of optimal level of resource utilization such as economic maximum sustainable yield, biological maximum sustainable yield, social optimum production, socio-political optimum yield, etc. The fishery resource use level seems to a large extent to be determined by the characteristics of fishermen's rent seeking structure. As well known, fishery resources as common properties have a characteristic of being difficult to establish private property rights. Therefore, their use rights are controlled by the permit and/or the license system. As a result, absolute or differential rents are formed by the changes in institutional arrangements. Rent problems are often transformed into serious socio-political issues when the rent in a given industry is much higher to a socially unacceptable extent than the average of other industries. However, individual fishermen or fishermen's groups tend to behave aggressively to change the existing fishery institutions towards maximizing fishery rents. These rent-seeking behaviors often tend to nullify fishery management schemes. The larger is the relative rent difference between fisheries and other industries, the more aggressive tend to be the rent-seeking behaviors in fisheries.

• Journal of the Korean Society for information Management
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• v.18 no.4
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• pp.127-142
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• 2001

It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• Journal of KIISE:Computer Systems and Theory
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• v.35 no.9_10
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• pp.441-451
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• 2008

Currently, the X.509 proxy certificate is widely used to delegate an entity's right to another entity in the computational grid environment. However it has two drawbacks: the potential security threat caused by intraceability of a delegation chain and the inefficiency caused by an interactive communication between the right grantor and the right grantee on the delegation protocol. To address these problems for computational grids, we propose a new delegation protocol without additional cost. We use an ID-based key generation technique to generate a proxy private key which is a means to exercise the delegated signing right. By applying the ID-based key generation technique, the proposed protocol has the delegation traceability and the non-interactive delegation property. Since the right delegation occurs massively in the computational grid environment, our protocol can contribute the security enhancement by providing the delegation traceability and the efficiency enhancement by reducing the inter-domain communication cost.

• Journal of Applied Tourism Food and Beverage Management and Research
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• v.7
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• pp.7-39
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• 1997

Many of legislations related to tourism has been made up to now since the year 1961 when modern tourism studies started. In restropect of the year 1988, the year 2002 is expected to be another chance for tourism. In order to take this chance again, new laws and regulations are necessary. Therefore, the object of this study are decided as follows: 1) to put 'the right to go sightseeing' in statutory form at constitution. 2) to realise the private law of tourism 3) to make the environment law of tourism 4) to make the facility law of tourism 5) to make the transportation law of tourism 6) to make the cultural property law of tourism 7) to make the food law of tourism 8) to make the related law of tourism 9) to make the advertising law of tourism, the tax law of tourism, and the economy law of tourism As tourism laws like above exist, tourism industry would be developed more than now.

• Journal of Environmental Impact Assessment
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• v.23 no.1
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• pp.51-65
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• 2014

ODA projects such as multi-purpose dam, industrial complex, road construction etc. have resulted in environmental damage and resident relocation including destruction of site of living. Even the grandiose developments as ODA projects have made clear the value clashes between development and environmental conservation, and have brought about conflicts between public interests and public environmental right, and the discordance between public interests and private property rights in the recipient country. This study summarizes and analyses the Korea's ODA projects and will suggest the public participation and governance system based on Saemaul Movement, Strategic Environmental Assessment and Environmental Impact Assessment based on the guideline of OECD DAC, and emphasize Strategic Environmental Assessment and Social Impact Assessment in the procedure of ODA projects. In the future the ODA project should be implemented for the overcome of poverty and response to climate change based on the experience and trial and errors of Korea's compact growth and past ODA projects.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2006.05a
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• pp.163-166
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• 2006

The field of medical images has been digitalized as the development of computer and the digitalization of the medical instruments. As a result it causes a lot of problems such as an illegal copy related to medical images and property right of the medical images. Therefore, digital watermarking is used for discrimination whether the data are modified or not. It is also used to protect both the property right of medical images and the private life of many patients. The proposed theories, the Non-blind and the Blind method, have two problems. One is needed an original image and the other is using a gaussian watermarking. This paper proposes the new Blind Watermarking using binary images in order to easily recognize the results of watermark. This algorithm is described that an watermark of a binary image is wavelet-transformed, and then a transformed watermark is inserted in medium-band of frequency domains of original image by the Circular Input method. The propose method presented the good performance of over 0.97 in NC.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.