Korean Institute for Aggregate Buildings Law最新文献

{"title":"Legislative review of the use and regulation of generative artificial intelligence ChatGPT: Focusing on copyright law and personal information protection legislation","authors":"Seung-Rae Kim, In-Bang Song","doi":"10.55029/kabl.2024.49.263","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.263","url":null,"abstract":"With the advent of ChatGPT, the boundary between humans and machines has disappeared, making it increasingly difficult for people to discern whether the person they are dealing with is a machine or a human. Nevertheless, ChatGPT is bringing about changes in the way we work, communicate, and play in the digital world by bringing about a shift in information search and access methods and creating products such as books and art. \u0000ChatGPT optimizes conversations using Reinforcement Learning from Human Feedback (RLHF). Reinforcement Learning is a type of machine learning technique that learns how to perform a task through repeated trial and error interactions. A person scores ChatGPT's responses and reflects them in the reinforcement learning rewards algorithm to learn ChatGPT's reward model. It is learned that the more a human user judges a given query to be a good response, the greater the reward, and the more harmful text is generated, the less reward it receives. It is thanks to this RLHF technology that when talking with ChatGPT, you feel like you are talking with a logical and fluent person rather than a machine. \u0000ChatGPT will enable the commercialization of a generative AI service that enables interactive conversation rather than focusing on one-sided commands, and since it is a very large-scale model, versatility is its core competitiveness. In other words, ChatGPT allows you to exchange conversations and finds or converts results such as writing, composing, coding, or drawing with a single text input. As ChatGPT significantly lowers the threshold of time and limitations associated with content production, it could gain attention in a variety of fields including advertising, publishing, and gaming. Additionally, ChatGPT has great potential for growth in the field of education as it can unravel and explain complex concepts and correct errors through conversation. \u0000This study reviewed the technological development process and general-purpose use of generative artificial intelligence (ChatGPT) and the legal regulations of ChatGPT, focusing on the legal issues surrounding the emergence of generative artificial intelligence (ChatGPT) in the AI era.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"14 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140410049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Suggestions for the successful establishment of an artificial intelligence (AI)-based online dispute resolution (ODR) system","authors":"Wan-Kyu Jang","doi":"10.55029/kabl.2024.49.99","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.99","url":null,"abstract":"‘ODR’ stands for ‘Online Dispute Resolution’ and refers to a method of resolving disputes online. However, the meaning of ‘online’ here focuses more on access and connection through information and communication technology (ICT) from the perspective of network connection in terms of dispute resolution. ODR is a dispute resolution method using information and communication technology that emerged in the mid-1990s when the Internet began to become generalized and commercialized. In the early days when ODR began to be used, it was mainly recognized as a tool to resolve disputes that occurred online, such as defamation that occurred during online e-commerce or online communication. \u0000However, with the development of information and communication technology, the scope of ODR has gradually expanded to include disputes that occur not only online but also offline. Currently, the types of disputes that can be resolved through ODR are not limited to commercial transactions, but also encompass various types such as domestic, administrative, and housing disputes. Meanwhile, AI (Artificial Intelligence) increases the efficiency and transparency of ODR, saves cost and time, and helps people from various fields and cultures collaborate easily. \u0000ODR using AI is currently being researched and developed in various fields, and is expected to have more possibilities and advantages in the future. However, ODR using AI also has some ethical issues and challenges. In this paper, we reviewed specific measures for the successful establishment of an ODR system using AI.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"2007 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140416279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review of Case Law Limiting the Opposing Power of Retention Right in Real Estate Auctions","authors":"Young-Mok Park","doi":"10.55029/kabl.2024.49.63","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.63","url":null,"abstract":"The retention right holder has the right to refuse delivery to the buyer in the auction procedure. As part of resolving the problem of this situation, the Supreme Court has established the legal principle that liens established after the registration of the auction commencement decision cannot be used against the buyer in the auction process. However, in 2022, the Supreme Court made a ruling that is difficult to explain with these legal principles. This is because the opposing power of the lien was recognized even though the lien was not established at the time of registration of the auction commencement decision due to the postponement of the payment period. However, the 2022 Supreme Court ruling does not provide specific standards, but simply lists various circumstances that do not undermine the stability of the auction procedure even if the lien is recognized in the case. Therefore, it is not possible to know which of them is the decisive factor. In other words, this ruling is significant in that it demonstrates the need for change in the existing Supreme Court jurisprudence, but it has the limitation of failing to present specific standards to resolve this issue. In this paper, the following conclusions were presented regarding the standards for judging the opposing power of liens by comparing previous rulings with the 2022 ruling. \u0000(1) Limiting the opposing power of liens established by transfer of possession after registration of the auction commencement decision is an appropriate way to protect the interests of enforcing creditor. And this can be explained by the prohibition effect of attachment. \u0000(2) Even if a claim is established after registration of the auction commencement decision, it is necessary to deny the opposing power of the lien. This can be explained if the effect of attachment is broadly understood. \u0000(3) The fact that the payment period arrives after the registration of the auction commencement decision cannot be a factor to be considered when determining the adversarial power of the lien. \u0000(4) Whether or not a lien is listed in the status investigation report cannot be a decisive criterion for determining opposing power. However, in cases where it is necessary to protect the trust of buyers in the auction process who were unaware of the existence of a lien, opposing power must be determined by reviewing the lien holder's fault for the failure to include it in the status investigation report.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140409893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study of the Distribution of Profits from the Section for Common Use of Condominium Building and the Auction of Apartments with Right to a Site unregistered","authors":"Jong-hee Seo","doi":"10.55029/kabl.2024.49.23","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.23","url":null,"abstract":"To summarize the main points of the author's argument, the following are the key points. \u0000First, it is reasonable to view the act of the managing body of condominium building seeking unjust enrichment against an unauthorized occupant of the the section for common use of condominium building an act of management. Therefore, in order for the managing body to exercise the right to unjust enrichment, it must meet the requirements of resolution of the managing body’s meeting. \u0000Second, if the managing body is viewed as a litigator for the division ownership holder, it is reasonable to assume that the Res Judicata over the division ownership holder's claims subordinate the managing body. \u0000Third, a division ownership holder must have a resolution of the unit owners' meeting in order to claim a share of the profits from the the section for common use of condominium building from the managing body. \u0000Finally, if a purchaser at an auction pays the price including the section of exclusive ownership of condominium building and the right to use site as the auction price, but only acquires the he section of exclusive ownership without the right to use site, the purchaser may claim that the auction price for the right to use site is unjustly enriched from the enforcement creditor and may claim warranty liability against the debtor under Article 578 of the Civil Code.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140415786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Impact of Recognition of Professional Expertise of Licensed Real Estate Agents on Job Satisfaction","authors":"Hyun-Gil Chae","doi":"10.55029/kabl.2024.49.239","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.239","url":null,"abstract":"The purpose of this study is to investigate the relationship between recognition of professional expertise and job satisfaction of licensed real estate agents. To achieve the purpose of this study, we derived factors that recognized the professionalism of real estate agents and statistically analyzed their impact on job satisfaction among 203 real estate agents in Seoul and Gyeonggi regions. As a result, it was confirmed that sense of calling, self-control, and professional consciousness have a statistically significant influence on the recognition of professional expertise of licensed real estate agents. However, it was analyzed that sense of ownership had no effect on job satisfaction. Therefore, in order to increase job satisfaction through recognition of the professionalism of real estate agents, the factors of sense of calling, self-control, and professional awareness must be improved. To this end, first, real estate agents must recognize the profession of a real estate agent as useful and important, and strive to have a sense of vocation in engaging in it because it is rewarding and enjoyable to work as a real estate agent. Second, licensed real estate agents must strengthen self-control, including regulation of violations of law and ethics, appropriate punishment, mutual evaluation of licensed real estate agents, and ethical practice. Third, it is necessary to recognize that the real estate agent profession is a recognized profession that contributes to society and to strengthen professional awareness by providing customer service and professional services.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140413802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Buchführung und Erneuerungsfonds im Stockwerkeigentum nach Schweizer Recht","authors":"Seong-ho Kim","doi":"10.55029/kabl.2024.49.167","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.167","url":null,"abstract":"Dieser Artikel befasst sich mit der Buchführung und dem Erneuerungsfonds im Stockwerkeigentum nach Schweizer Recht. Im Schweizerischen Zivilgesetzbuch (ZGB) hat der Gesetzgeber keine ausdrückliche Buchführungspflicht verankert. Danach sind der jährliche Kostenvoranschlag, die Rechnung und die Verteilung der Kosten unter den Stockwerkeigentümern zu genehmigen. Damit die Versammlung überhaupt über eine solche Genehmigung befinden kann, müssen die entsprechenden Bücher geführt werden. Vereine wie die Versammlung, die nicht im Handelsregister eingetragen sind, müssen gemäß Obligationenrecht (OG) lediglich über ihre Einnahmen und Ausgaben sowie über ihre Vermögenslage Buch führen. Dabei gelangen die Grundsätze über die ordnungsgemässe Buchführung gemäss Art. 957 Abs. 3 OR auch auf die Versammlung sinngemäss zur Anwendung. \u0000Die Errichtung des Erneuerungsfonds ist auch gemäss dem geltenden Recht fakultativ. Der Erneuerungsfonds kann entweder im Begründungsakt oder durch nachträglichen Beschluss der Stockwerkeigentümerversammlung geschaffen werden. Die Verwendung der finanziellen Mittel eines Erneuerungsfonds unterliegt keinen inhaltlichen Schranken. Demzufolge können die Stockwerkeigentümer im Rahmen der geltenden Rechtsordnung grundsätzlich frei über die Mittel eines Erneuerungsfonds befinden. Der Erneuerungsfonds darf nur dann für die Finanzierung einer baulichen Massnahme verwendet werden, wenn dies durch die Stockwerkeigentümerversammlung beschlossen wird. Bei diesem Beschluss handelt es sich nach der hier vertretenen Rechtsauffassung um eine wichtige Verwaltungshandlung nach Art. 647b Abs. 1 ZGB. Mithin setzt der Verwendungsbeschluss - sofern das Reglement nicht ein anderes Quorum verlangt - ein qualifiziertes Mehr nach Kopfstimmen und Wertquoten voraus.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"62 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140408560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Registration Matters of Real Estate Rights in North Korea after Unification","authors":"Sung-Wook Kim","doi":"10.55029/kabl.2024.49.1","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.1","url":null,"abstract":"The title of this thesis is “Issues with the Registration of Real Estate Rights in North Korea after Unification”. In this paper, I reviewed the changing process of the real estate registration system and and laws related the real estate registration system in North Korea. And I reviewed the direction of integration of the real estate registration system in North Korea. The main contents are as follows. First, in order to establish a real estate registration system in North Korea, a cadastral survey must be conducted. Second, for houses, the occupants living in the house can apply for ownership preservation registration. Third, for farmland owned by a cooperative farm, members belonging to the cooperative farm can apply for registration of original ownership. Fourth, heirs of property rights confiscated by the North Korean regime cannot apply for ownership preservation registration.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"22 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140409567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The impact of factors influencing apartment purchase decisions on residential satisfaction and repurchase intentions: Focusing on the mediating effect of perceived value of Jeju residents","authors":"Hong-kyu Kim, Choon-won Lee","doi":"10.55029/kabl.2024.49.199","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.199","url":null,"abstract":"This study aims to analyze the mediating effect of buyer's perceived value on the impact of apartment purchase decision factors on residential satisfaction and repurchase intention among residents of apartments in Jeju Island. To achieve this, a survey was conducted on 437 residents of apartments in Jeju Island, and the results were analyzed. \u0000The research findings revealed that among the factors influencing apartment purchase decisions, locational factors negatively influence repurchase intentions, economic factors negatively influence purchase satisfaction, while physical and social factors positively influence residential satisfaction. Additionally, economic and social factors among the purchase decision factors positively influence functional value, and social factors positively influence social value. \u0000Furthermore, functional value positively influences purchase satisfaction, social factors positively influence both purchase satisfaction and repurchase intention. Both functional value and social value play a partial mediating role in the relationship between apartment purchase decision factors and residential satisfaction. \u0000These research results suggest several implications. When purchasing an apartment, it is necessary to conduct a precise analysis of locational factors and surrounding market prices. From the seller's perspective, active promotion of various amenities, safety, convenience, and accessibility is essential. Moreover, promoting the superiority of functional and social values of apartments compared to the purchase cost is crucial. To enhance apartment purchase and repurchase intentions from consumers, ensuring the adequacy of quality and price, as well as enhancing satisfaction through factors such as social status improvement resulting from apartment purchase, are necessary.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"16 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140411369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study on development plans for the North-South border area","authors":"Hwa-Woong Choi, Choon-Won Lee","doi":"10.55029/kabl.2024.49.141","DOIUrl":"https://doi.org/10.55029/kabl.2024.49.141","url":null,"abstract":"The border area between North and South Korea is the place that most clearly shows the political reality following the outbreak of the Korean War in 1950 and the division of the Korean Peninsula through the Armistice Agreement in 1953. Although it had a central location on the Korean Peninsula before the division of the country, it is now located in the periphery, where many restrictions and distortions occur. In the past, as inter-Korean relations repeatedly waxed and waned, development plans and policies were established in various relationships, but there is a need to establish policies and strategies from a long-term perspective in the future. Therefore, in the future, economically stable and sustainable development must be accompanied. \u0000Due to the regional characteristics of the divided Korean Peninsula, the border area between North and South Korea is still inevitably affected by inter-Korean relations, but in the future, an environment free from inter-Korean relations must be created to ensure continuous development. In this study, we examine the uniqueness of border areas and related policies and laws, and suggest development plans for border areas.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140408556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Harmonization of Interests between Housing Lessor and Lessee in the Rental Market","authors":"Jong-Duk Lee","doi":"10.55029/kabl.2023.48.141","DOIUrl":"https://doi.org/10.55029/kabl.2023.48.141","url":null,"abstract":"In South Korea, the domestic housing supply rate has already exceeded 100% since 2008, but the home ownership rate in 2021 still remains at 57.3%. In response to large-scale Chonse fraud, the government has come up with various solutions, but there is criticism that it is insufficient for a fundamental solution. This paper aims to derive a win-win plan between landlords and tenants in the rental market through legal and institutional improvement. First, it is necessary to partially restrict private landlords from freely choosing whether to register as rental businesses. Through this, it is possible to prevent a rental business operator who meets the requirements for rejection of the registration application under Article 7 (7) of the Special Act on Private Rental Housing from entering the rental market. In addition, the tenant's right to claim the return of the deposit can be substantially secured by requiring additional asset requirements for rental businesses of a certain size or larger. Although the lease system has positive factors such as a role as a residential stepping stone and a reduction in housing costs, it basically grants the right to freely dispose of a large amount during the lease period, while the legal protection for its return is insufficient. There have been various legal and institutional efforts to compensate for this, but tenants are still not sufficiently protected. The old customary Chonse was incorporated into Article 303 et seq.(Right to registered lease on a deposit basis) of the Korean Civil Code, but Chonsegwon is rarely used in practice. In terms of the protection of tenants, it is reasonable not to allow Chonse Lease. In reality, it is also possible to consider forcing the registration of leaseholds that are paid a certain amount or more of rental deposits. It is necessary to correct the practice that rental deposits are received much more than collateral purposes. Article 551 (1) of the German Civil Code restricts rental deposits not to exceed three times the rent for one month. It may also be considered to force leaseholds that are paid a certain amount or more of rental deposits to be registered.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"158 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139203797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}