• 한국중재학회지:중재연구
• /
• 제21권2호
• /
• pp.27-46
• /
• 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
• /
• 제29권2호
• /
• pp.165-185
• /
• 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.

• 문화기술의 융합
• /
• 제7권3호
• /
• pp.285-292
• /
• 2021

상호주관적 실재를 상상해 내고 협력함으로써 지구를 정복했던 사피엔스는 인간의 자유의지, 감정을 판단기준으로 삼아 의미를 부여하는 인본주의에 터잡아 근대 과학혁명시대까지 이끌었다. 그런데 과학기술 발전은 인간의 자유의지, 감정 등이 뉴런의 화학작용에 불과하고 그 조작, 개선이 가능하다는 것을 알게 되었다. 주된 의사결정을 알고리즘이나 데이터가 주권자로서 행하는 시대에 초인간이 등장하여 기존 평등질서를 무너뜨리는 시대가 열릴 것이다. 유발하라리가 호모데우스에서 한 이러한 예상은 경쟁법 영역에서도 나타나 알고리즘에 의한 가격결정을 기존 담합논리로 포섭하지 못하는 난관에 봉착하게 될 것이다. 나아가 더 극단적 가격차별이 기존 시장원리와 경쟁법적 도그마를 무너뜨리는 상황까지 이를 수 있다. 변화의 시대에 기존논리의 변용이나 새로운 논리의 개발의 필요가 있다.

• 항공우주정책ㆍ법학회지
• /
• 제8권
• /
• pp.297-332
• /
• 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.

• 분석과 대안
• /
• 제4권2호
• /
• pp.163-202
• /
• 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
• /
• 제13권2호
• /
• pp.60-66
• /
• 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.

• 대한지리학회지
• /
• 제45권3호
• /
• pp.414-429
• /
• 2010

이어도 영유권 분쟁에 있어서 인접국인 중국의 부당한 주장에 대해 한국으로서 정합적인 논리를 개발 설득함으로써 문제를 평화적으로 해결하는 데 본 연구의 목적이 있다. 이를 위해 먼저 이어도의 자연경관의 특징과 형성과정을 자연지리학으로 정리하고. 이를 토대로 중국의 견강부회적인 주장에 대해 구체적이고 객관적인 반박 논리를 개발한다. 지질 지형과 관련한 지질사를 봤을 때 이어도가 제주도의 부속암초라는 사실이 그대로 드러나고 있으며, 중국이 주장하는 인문학적 증거, 즉 $\ll$산해경$\gg$에 대한 중국측의 해석은 우려할 정도로 왜곡되고 있다. 뿐만 아니라 중국측이 주장하는 논리가 북해대륙붕사건에서 독일의 논리를 도입하고 있으나 중국은 대향국간과 인접국간의 경계획정을 혼동하고 있어 정합성이 전혀 없다고 해도 과언이 아니다. 본 연구 결과는 강단지리학에 관심을 갖도록 할 뿐만 아니라 나아가 국민을 계도하고 관계기관이 상대국과 협상할 때 주요자료와 이론으로 활용할 수 있다.

• Ocean and Polar Research
• /
• 제26권4호
• /
• pp.669-678
• /
• 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.

• 대한지리학회지
• /
• 제40권6호
• /
• pp.595-612
• /
• 2005

이 논문은 1905년에서 1910년까지의 학보에 나타난 지식인의 지리학을 이해하는데 목적이 있다. 이것을 위해 학회 발간의 학보에 게재된 지리학 관련 자료를 이용하였다. 이 시기는 애국계몽운동이 가장 긴박하게 일어났던 시기로서, 학회는 학보로써 국민을 계몽하여 국가를 부강하게 만들고 국권을 회복하려고 하던 때이다. 이 운동은 지식인들이 사회진화론으로 현실을 인식하고 어떻게 든 생존경쟁의 시대에 적자국으로, 우승국으로 변신을 꾀하려는 노력의 일환이었다. 이런 노력은 학보에 묻어나고 또 거기에 실린 지리학에도 스며들어 있었다. 이 지리학은 주로 세계적 지리지식을 소개하고, 애국심을 고취하는 내용이었다. 또 지리학의 연구 방법으로는 자연과 인문의 관계, 타 지역과의 비교라는 계통 지리 방법과 자연을 기술하고 난 후 인문을 기술하는 헤트너식의 지지 기술 방식을 이용하고 있었다. 이로써 학보에 실린 지식인의 지리학은 애국계몽이라는 목적 아래 서구의 근대 지리학을 소개하고, 또 그 지리학 방법을 이용하고 있음을 확인할 수 있었다.

• 수산경영론집
• /
• 제34권1호
• /
• pp.69-85
• /
• 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.