• Journal of Arbitration Studies
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• v.21 no.2
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• pp.27-46
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• 2011

In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

• Ocean and Polar Research
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• v.29 no.2
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• pp.165-185
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• 2007

Exploitation of transboundary oil and gas on continental shelves may cause conflicts between or among States concerned due to the physical character of these resources. As oil and gas are fluid, exploitation of such a transboundary oil field by one side may affect other parties in other jurisdictions. However, there is no universal international legal regime on the issue. This article tries to find the international legal regime governing such resources through analysing UN Assembly's resolutions, UNCLOS, international judicial opinions, bilateral agreements and ILC activities relating to transboundary natural resources. As a result of this study, it seems that each coastal State has an inherent sovereign right on its part of the transboundary oil and gas deposit, but this right is not unlimited. Each state involved with the deposit has a duty to cooperate with other states-through information exchange, consultation, and negotiation. Furthermore, the state has an obligation to refrain from unilateral action when there is a possibility of causing irrevocable damage to the interests of the other states.

• The Journal of the Convergence on Culture Technology
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• v.7 no.3
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• pp.285-292
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• 2021

In Sapiens it shows the reason that sapiens has conquered the earth for the invention of intersubjective reality. In Homodeus sapiens made the science revolution through the religion of humanism. The development of science showed that human free will and emotion is just made through the chemical interaction of neuron which can be manipulated and developed. Algorithm and data wlll be the sovereign which make decision in everything. Yuval Harari tells us the Homodeus appear and break down the order of equality. His anticipation proves right in competition law issues. The collusion through the algorithm makes it difficult to apply existing cartel logic. Agreement is the ground of responsibility but undertaking is not responsible in the market where sovereign algorithm decides eveything. Extreme price differentiation can appear and break down the existing market logic and competition dogma. Everything changes and it is necessary to have the flexible attitude and develop new logic.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.297-332
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• 1996

It is well observed in the satellite telecommunication policy of several States that legal constraints imposed upon the service coverage of satellite telecommunication as well as broadcasting are to be relaxed in a progressive way. Major aspects of such policy change lie in the adoption of policy refusing traditional concept of national frontier. In the case of direct broadcasting satellite service, while a debate upon the legal issues regarding the spill-over effect of that service is no more major concern of the States, many multinational enterprises are looking for strategic alliance for regional or global DBS project. On the other hand, an implementation plan for connecting the world through global mobile personal communication satellite system is being pursued by several joint effort of multinational firms. Legal issues arise regarding the regulatory competence of each State, Especially, a controversial issue is concerning the sovereign right well recognized upon the regulation of telecommunication. This study is focusing upon the evolution of such policy change for the purpose of allowing us to expect future develpment of worldwide satellite telecommunication policy environment.

• Analyses & Alternatives
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• v.4 no.2
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• pp.163-202
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• 2020

This paper examines how Japanese society produced and reproduced a distinctively gendered history and memories of the experience of WWII and colonialism in the postwar era. We argue that these gendered narratives, which were embedded in postwar debates about the Peace Constitution and comfort women, have engendered contradictions and made the historical conflicts with neighboring countries challenging to resolve. On the one hand, this deepens conflict, but on the other, it also generates stability in East Asia. After Japan's defeat in WWII, the American Occupation government created the Peace Constitution, which permanently "renounces war as a sovereign right of the nation and the threat or use of force as means of settling international disputes." The removal of the state's monopoly on violence - the symbol of masculinity - resulted in Japan's feminization. This feminization led to collective forgetting of prewar imperialism and militarism in postwar Japan. While collectively forgetting the wartime history of comfort women within these feminized narratives, the conservative movement to revise the Peace Constitution attempted to recover Japan's masculinity for a new, autonomous role in international politics, as uncertainty in East Asia increased. Ironically, however, this effort strengthened Japan's femininity because it involved forgetting Japan's masculine role in the past. This forgetting has undermined efforts to achieve masculine independence, thus reinforcing dependence on the United States. Recurrent debates about the Peace Constitution and comfort women have influenced how Japanese political elites and intellectual society have constructed distinctive social institutions, imagined foreign relations, and framed contemporary problems, as indicated in their gendered restructuring of history.

• International Journal of Internet, Broadcasting and Communication
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• v.13 no.2
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• pp.60-66
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• 2021

Blockchain is a technology that enables trust-based consensus and verification based on a decentralized network. Distributed ID (DID) is based on a decentralized structure, and users have the right to manage their own ID. Recently, interest in self-sovereign identity authentication is increasing. In this paper, as a method for transparent and safe sovereignty management of data, among data pseudonymization techniques for blockchain use, various methods for data encryption processing are examined. The public key technique (homomorphic encryption) has high flexibility and security because different algorithms are applied to the entire sentence for encryption and decryption. As a result, the computational efficiency decreases. The hash function method (MD5) can maintain flexibility and is higher than the security-related two-way encryption method, but there is a threat of collision. Zero-knowledge proof is based on public key encryption based on a mutual proof method, and complex formulas are applied to processes such as personal identification, key distribution, and digital signature. It requires consensus and verification process, so the operation efficiency is lowered to the level of O (log_eN) ~ O(N²). In this paper, data encryption processing for blockchain DID, based on zero-knowledge proof, was proposed and a one-way encryption method considering data use range and frequency of use was proposed. Based on the content presented in the thesis, it is possible to process corrected zero-knowledge proof and to process data efficiently.

• Journal of the Korean Geographical Society
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• v.45 no.3
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• pp.414-429
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• 2010

With regard to Ieodo, South Korea and China argue that Ieodo belongs to their territory respectively, considering its history. However, both parties haven't suggested concrete evidence to support their argument. Even if they suggest corroborative facts, they are distorted or exaggerated like myth. Therefore, it is important by what side primitive title and effective control are exercised in settling the problem of Ieodo. The issue was to suggest coherence logic by finding concrete geographical facts in the East China Seat the time of applying a method of boundary decision followed by the marine act, namely principle of median line and principle of equidistance. China has argued that China should occupy most of continental shelf in the East China Sea on the basis of silt, a deposit of the continent. However, the base of the East China Sea is a part of Eurasian Plate. In addition, a geographical contribution to formation of the continent shelf by the Korean Peninsula is equal to the Chinese Continent. Ieodo is 'Island of mythos' in China, but is 'Island of legend' suggested by concrete facts in South Korea. Therefore, its cultural titile and primitive title are belonged to South Korea, before its historical title.

• Ocean and Polar Research
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• v.26 no.4
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• pp.669-678
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• 2004

Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

• Journal of the Korean Geographical Society
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• v.40 no.6 s.111
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• pp.595-612
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• 2005

This paper is to inquire into nature of the educated's geography from 1905 to 1910 by researching relevant geographical resources in HAKBO published by the Academic Society. At that time, the Patriotic Enlightenment Movement was active, and the Academic Society attempted to enlighten people, to enrich the country, and to restore the sovereign right. The educated tried to understand the reality in view of social Darwinism and make their country the winner as well as the fit in the struggle for existence by this movement. Their effort can be seen in HAKBO and geography in it. The contents of geography in HAKBO was related to world-wide geographical information and intended to instil patriotism into the hearts of people. As their research methods, they adopted systematic geographical method by comparing between region and region, or studying relationships of the nature and human, and Hettner's regional geographical method which describes human after the nature. Hence, it is proved that the educated's geography in HAKBO introduced modem geography in western society for Patriotic Enlightenment and it used its geographical methods.

• The Journal of Fisheries Business Administration
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• v.34 no.1
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• pp.69-85
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• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.