• Journal of Korea Technology Innovation Society
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• v.20 no.4
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• pp.1288-1308
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• 2017

When looking at the online copyright infringement, the advertisements have served as a revenue source. Recently, copyright holders and state agencies have requested to stop and withdraw posting the ad. in order to prevent copyright infringement. This way is very easy and efficient. However, the problem is that it is not clear whether the request is appropriate. For the request to be valid, posting the ad. should be a kind of indirect infringement, or if not, it must have a suitable reason. If there is no basis or reason for the two, the request should not be asked recklessly. In the US relevant cases, something more than simple relationship with direct infringers or more material contribution to the direct infringement is required to impose secondary liability for copyright infringement. However, just posting the ad. cannot be considered as the close relationship and moreover, it is not material contribution. Thus, posting the ad. is not secondarily liable for copyright infringement. In addition, the bills which was proposed in 2011, so called SOPA and PIPA, had a provision which can stop and withdraw the ads in the piracy sites. Its opponents raised the following problems: withdrawing the ad. is the censorship, gives the burdensome to the sites, and causes the imbalance due to the overload protection of copyright. Also, under the ad blocker case, to remove the ad. discretionally consists of illegal activity or copyright infringement. As a result, because the request to stop and withdraw posting the ad. is not reasonable, the request should be asked carefully.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.9 no.6
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• pp.1856-1868
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• 2008

This paper is about what is the effect of cultural marketing - which is affecting business ethics and social responsibility - on corporate image and formation of brand asset, and about which is getting more influence by cultural marketing among factors that is forming corporate image and brand asset. The results are like below. First, cultural marketing activities had an indirect influence on the corporate brand asset. Second, cultural marketing had an direct influence on the corporate brand image. Third, cultural marketing had a positive impact on reminding of the brand image. Fourth, social responsibility and business ethics had an indirect influence on the brand loyalty. Fifth, corporate social responsibility and business ethics had a positive impact on the brand image. Sixth, among the corporate social responsibility, community activities played a control variables. Seventh, regarding the characteristics of the respondents it showed that there's perception gaps among marketing, responsibility and ethics as well as brand assets. All in all, cultural marketing had an indirect effect on formulating corporate brand asset by the means of corporate image. The result is pointing out the importance of establishing a strategic marketing plan that is taking harmony between the character of cultural marketing and media, continuous and long-term plan, connection with the type of the brand asset into account. Moreover, as people realized that corporate business activities are brining not only economic consequences, such as providing goods and services but also social consequences, such as uneven distribution of wealth, dirty links between business and politics, consumers' security, pollution, and etc., companies are reconsidering its own role in society. This reconsideration is called corporate social responsibility and this pushed the company to keep business ethics together with their business.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.87-94
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• 2013

The existing legal regulations that indiscriminately distributed various illegal information on the information network are discussing focused on civil liability and criminal liability. however, at this paper that approached with problem of police responsibility as a target of the exert of police authority for blocking illegal information on the information network. based on this recognition, this paper propose the problem and reformation about the present Information Communication Networks law's 7 of Article 44, Section 2 that for prompt blocking illegal information on the information network, not about direct regulatory approach to a person in charge of act but about the information network service provider which is a person in charge of condition.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.65-117
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• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• The Journal of the Korea Contents Association
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• v.14 no.10
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• pp.247-254
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• 2014

The purse of this article is to analyze the effect of CSR(Corporate Social Responsibility) on organizational trust and job-esteem in the Hotel. Based on theoretical backgrounds, 3 hypotheses were derived and a regression model and AMOS was proposed. Analysis results are as follows: first, the higher degree of ethical responsibility and contributional responsibility have on active organizational trust positively. second, the relationship between CSR and job-esteem, only contributional responsibility affected intrinsic value and economic responsibility affected social reputation. third, the relationship between organizational trust and job-esteem, organizational trust had positive influence on intrinsic value and social reputation. In summary, the contributional responsibility among CSR was the key factors that affected employee's organizational trust and job-esteem directly or indirectly. We could lead employee's positive attitude as active charity and a portion of sale by returning to society. Therefore, Hotel should be improved employee's organizational trust with CSR consistantly and implemented policy that increase job-esteem as well.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.1
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• pp.347-353
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• 2019

This study examined the Quality of Accounting Earning of Socially Responsible Investment(SRI) Corporate from the vantage point of Accounting Conservatism. This study used 2,993 sample data from 2011 to 2016. In short, the result of this study's is as followed. Socially Responsible Investment(SRI) have a positive relevance with Accounting Conservatism. Therefore, this study can support that the firm has a high level of Socially Responsible Investment(SRI) will have the better the Quality of Accounting Earnings according to this study. This study contributes as follow. This study verified the Accounting Earnings's Quality of Socially Responsible Investment(SRI) Corporate from a Accounting Conservatism vantage point and extended precedent study on Socially Responsible Investment(SRI). We hope that this study can be helped development of capital market.

• Korea Trade Review
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• v.43 no.3
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• pp.101-124
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• 2018

After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.49-79
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• 2021

Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

• Journal of Digital Convergence
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• v.9 no.5
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• pp.123-140
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• 2011

The purposes of this study are to verify if social responsibility activities of domestic companies and organizations who are widening the area of corporate social responsibility activities make a significant effect on the Labor-Management Relations of the company statistically and suggest political and strategic tasks the company must assume if the corporate social responsibility activities are to make positive and negative effects on organizational trust and Labor-Management Relations by members of the company. The results of the study can be summarized as follows. First, companies make a positive effect partially on the standard of employees' confidence for the organization through the corporate social responsibility activities. Second, corporate social responsibility activities have an effect partially on the Labor-Management Relations which are one of the variables influencing an organization's results. Third, the improvement of employees' organizational trust had a significant effect on Labor-Management Relations. Therefore, the results of this study verified the direct and indirect effects between organizational trust and Labor-Management Relations which are important factors of companies' social responsibility and organizational results which were not treated in the precedent studies.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.