• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.26
• /
• pp.225-253
• /
• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

• Journal of Internet Computing and Services
• /
• v.4 no.1
• /
• pp.75-86
• /
• 2003

In this paper, we extended hierarchial structure of managed object class to support Role-Based Access Control, and described constraint conditions that have support dynamic temporal function as well as statical temporal function established by management process. And we defined about violation notifications should report to manager when rules violate constraint conditions. Also we presented system architecture that support RBAC with MIB(Management Information Base) of ITU-T recommendation. By access control enforcement and decision function, constraint conditions and activated translation procedure of each roles are described, our system presents dynamic temporal property systematically.

• Journal of the Korean Society of Safety
• /
• v.33 no.4
• /
• pp.105-110
• /
• 2018

Korea has entered to 'aged society', which the elderly people over 65 years old is over 14% of total population. This paper aims to analyze the traffic accident by aging level. In pursuing the above, this paper focuses on modeling the traffic accident severity based on three aging levels. The main results are as follows. First, the ratio of fatal and serious injured persons (FSI) is judged to increase according to increasing aging level. Second, the null hypothesis that there is no difference in FSI among three aging levels (aging, aged, and super-aged) is rejected. Four accident severity generalized linear models which are all statistically significant have been developed. Third, the common variables are analyzed to be median age, the number of hospital beds per persons, and turn signal usage ratio. Fourth, the differentiated traffic safety policies fitted to aging levels are required. The enforcement of traffic law violation and safety enhancement of motorcycle in the region of 'aging society', improvement of traffic facilities in the region of 'aged society', and expansion of transportation facilities in the region of 'super-aged society' are evaluated to be indispensable.

• Journal of the Korea Society of Computer and Information
• /
• v.22 no.5
• /
• pp.41-49
• /
• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• The Journal of The Korea Institute of Intelligent Transport Systems
• /
• v.21 no.5
• /
• pp.57-66
• /
• 2022

The Road Management Administration is cracking down on overloaded vehicles by installing low-speed or high-speed WIMs at toll gates and main lines on expressways. However, in recent years, the act of intelligently evading the overloaded-vehicle control system of the Road Management Administration by illegally manipulating the variable axle of an overloaded truck is increasing. In this manipulation, when entering the overloaded-vehicle checkpoint, all axles of the vehicle are lowered to pass normally, and when driving on the main road, the variable axle of the vehicle is illegally lifted with the axle load exceeding 10 tons alarmingly. Therefore, this study developed a technology to detect the state of the variable axle of a truck driving on the road using roadside camera images. In particular, this technology formed the basis for cracking down on overloaded vehicles by lifting the variable axle after entering the checkpoint and linking the vehicle with the account information of the checkpoint. Fundamentally, in this study, the tires of the vehicle were recognized using the Mask RCNN algorithm, the recognized tires were virtually arranged before and after the checkpoint, and the height difference of the vehicle was measured from the arrangement to determine whether the variable axle was lifted after the vehicle left the checkpoint.

• The Journal of the Korea Contents Association
• /
• v.15 no.1
• /
• pp.86-94
• /
• 2015

This study is carried out to critically explore the direction of the improvement of the protection clauses of minor artists which is the core of Popular Culture Art Industrial Development Act enforced from July 29, 2014. The analysis shows that the law accepted the social issues such as the prevention of procuring minor prostitution, slave contracts(unfair long-term contracts), and third party's profit-extortion. However, the law missing or not specifically stated about age-based differential enforcement of work hours, dangerous acting scenes shouldn't be forced to minors, right to sleep, health, and study, as well as the penalty regulations in violation of each clause. Consequently, the Act's revision and supplementation is necessary to fully meet above insufficiencies referring to foreign practices.

• The Journal of the Korea institute of electronic communication sciences
• /
• v.12 no.6
• /
• pp.1043-1048
• /
• 2017

Since year 2016, in Korea, the police department started to use drones to patrol violated vehicles on the highway area. They monitor vehicle drivers who use side ways on the highway during traffic congested hours of the season, drunken drivers, or violent drivers. They use the 'Spot Mobility' method which floats the drones for 30 minute period. However, this method is inefficient since it requires manually charging batteries, gathering data, and operate drones with many numbers of policeman. Therefore, in this paper, for the efficient patrol in this purpose, I have suggested an effectively manageable network system consists of many drones as the wireless network nodes and with small numbers of policeman in a wide highway area. To accomplish this, the two topologies of effective drone patrol network systems are designed and simulated in OPNET simulator for performance evaluation.

• Journal of Arbitration Studies
• /
• v.32 no.1
• /
• pp.43-69
• /
• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.31 no.4
• /
• pp.304-316
• /
• 2021

Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.