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pISSN : 2092-769X / eISSN : 2733-6948

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2015, Vol., No.13

  • 1.

    RECENT ISSUES ON DIGITAL GAMING AND COPYRIGHT IN KOREA

    Gyooho Lee | 2015, (13) | pp.1~33 | number of Cited : 0
    Abstract
    As digital technology has developed, digital games have been widely entertained by their users. The landscape of digital games has been notably changed from arcade to console and computer desktop to interactive multiplayer games. This phenomenon has been triggered by high speed of Internet accessibility. Digital games have special features different from other copyrighted works on basis of their technical structures. Hence, this Article will attempt to explore several legal issues arising out of digital games, reflecting their features. This Article begins with originality requirement associated with digital games. In this context, I explore the originality of visual output created by the digital games and of the characters appearing on the digital games. In terms of the originality of visual output created by the digital games is concerned, this Article explain that the visual output might be uncopyrightable through the merger doctrine and/or the scènes à faire doctrine. As far as the originality of characters featured in a video game, the Korean Supreme Court in Konami v. Neople held that a character featured in a video game was copyrightable under the Korean Copyright Act, independent from the game itself. Afterwards, the Article turns to copyright-related issues in the emerging e-sports. In this regard, this Article recognizes the necessity for research on the issues such as functional and material constraints, the rules of the game and games as systems, and issues as to whether game output is authorship of a derivative work or joint authorship as well. Also, the Article delves into the possibility that the cable or TV broadcast of digital game on cable or TV outlets may constitute fair use. In addition, this Article deals with the technical copyright-protection measures. Also, this Article delves into international copyright dispute. In an international copyright dispute, the choice of the applicable law can indirectly affect the scope of copyright protection and fair use because the domestic copyright law of each country varies depending upon its legal and economic situation. Finally, the Article summarizes and proposes several feasible legal solutions for the development of digital game industry.
  • 2.

    SALE OF RESIDENTIAL HOUSES IN VIETNAM

    오광원 | 2015, (13) | pp.35~54 | number of Cited : 0
    Abstract
    The positive prospect of Vietnam residential house market is attracting foreign direct investment especially to Hanoi and HCMC's real estate market. However, the law and regulations related to the real estate business has many kinds of typical aspects because of the characteristic of the socialist system of Vietnam. In addition, the new Residential Housing Law and new Real Estate Law adopted many kinds of new requirements for the real estate developer to protect residential house buyers. Thus the investors in the area of real estate need to focus on the legal elements required by the Vietnamese law and related regulations. This article only reviewed the sales period in the residential house development project such as Deposit Agreement, Capital Contribution Contract, requirements for the Sale and Purchase of houses and issuance of Land Use Right Certificate. Thus before starting the residential housing investment in Vietnam, the foreign company also needs to review the first stage of investment such as obtaining Investment License, permission for the construction together with the second stage such as the compensation for the land and the attached assets, clearance of the land and so on. The investor also needs to consider the difficulties in clarifying the requirements for the real estate business because the law and regulations are not clear and the ruling of courts have not been opened to the public in Vietnam. In addition, it is difficult to find a appropriate textbook or thesis clearly explaining the law and regulations related to the real estate business in Vietnam. Lastly I want to add that it is difficult to contact officials of Ministry of Construction and Department of Construction to get the answers for the vague parts of real estate areas. In conclusion, to secure success of investment in Vietnamese real estate business market, the investor needs to carefully review the law and regulations, consider the unclear requirements in the law and consult the real estate business law specialists to get their experience together with the principles in law.
  • 3.

    A Study on the Subject of Motor Vehicle Liability

    曾兴华 | CHO DONG JE | 王宝奎 | 2015, (13) | pp.55~76 | number of Cited : 2
    Abstract
    With the rapid growth of China's motor vehicle population, motor vehicle damages disputes are increasing, the lack of theories and the inadequacy of the existing laws led to a lot of controversy when identify the subject of motor vehicle liability in judicial practice。This title analysis the legal basis for the identification of subject of motor vehicle liability, on this basis, improves the identification standards with the “dual factors”for principle and the “one factor”for complementary and complying with the identification standards, makes a typed analysis of the identification of the subject of common motor vehicle liability in judicial practice. So that we can define the identification standards of the subject of motor vehicle liability to protect the legitimate interests of the victim and maintain the traffic order.
  • 4.

    House Property Tax Reform in China under the Background of the Rule of Law Running the Country According the Law

    陳志 | 李苑玉 | 2015, (13) | pp.77~99 | number of Cited : 1
    Abstract
    As an important property tax, the actual operation situation of house property tax not only has significant impact on China’s macro‐economic, but affects the perfection and the balance of the entire taxation system vitally. Although China’s economy is developing sustainably, the degree of opening to outside world is going deeper and deeper and people’s living standard has been greatly raised, it still cannot be ignored that there are some factors of the existing taxation system haven’t been well adapted to the economic development, which makes it an significant step to boost the economy by reforming the taxation system. At the same time, the idea of “Running the country according the law” also has given the taxation system reformation new connotation and essence.
  • 5.

    A Study on Legal Nature of BBCHP under Legal Structure of Ship Finance

    Dae Chung | 2015, (13) | pp.101~132 | number of Cited : 4
    Abstract
    Ship finance or shipping finance is closely related to shipping industry, shipbuilding industry and banking industry. A ship is the most important asset in a shipping company. Therefore, the executives of shipping company should make a prudent decision in respect of shipbuilding because shipbuilding is long-term and price of ship is very expensive. Ship finance has an international character and is closely related to various and complex contracts. Legal structure of ship finance, therefore, includes a shipbuilding contract, a contract for carriage by sea, a marine insurance contract and a loan agreement. As a kind of a contract for carriage by sea, a bareboat charter hire purchase (BBCHP) plays an important role in ship finance. BBCHP is made under the BIMCO BARECON 2001 according to a principle of a freedom of contracts. In respect of BBCHP, there are two main legal issues. First of all, there are a lot of legal arguments over the legal nature of BBCHP. Even though BBCHP may be considered as financial lease, the essence of BBCHP is sales contract on the long-term installment. In addition, the Korea Supreme Court has consistently held that BBCHP is sales contract on the long-term installment. Secondly, there are many legal theories over BBCHP under the Debtor Rehabilitation and Bankruptcy Act in Korea. Under the rehabilitation proceedings, BBCHP should be viewed as a bilateral contract that is not fulfilled by both parties even though shipowner's legal status may be considered as a security right holder.