• Electronics and Telecommunications Trends
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• v.12 no.5 s.47
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• pp.107-120
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• 1997

소프트웨어를 특허로 받는 데는 근본적으로 인간의 논리적 사고로부터 비롯된 소프트웨어 혹은 컴퓨터 프로그램의 특성상 특허의 성립요건에 배치되어 많은 제약이 뒤따랐으나 점점 다양한 컴퓨터프로그램이 개발되고 이의 독창적 아이디어에 대한 권리보호 요구가 심화되면서 그 수용의 폭이 결국 크게 확대되는 단계에 이르게 되었다. 본 논고에서는 소프트웨어의 특허성에 대한 일반론을 소개하고, 어떻게 그 수용의 폭과 심사기준이 변천되어 왔는지 중요한 판례들을 통하여 분석하여 보고, 현재 주요국의 인정실태를 설명한다.

• Journal of the Korea society of information convergence
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• v.7 no.1
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• pp.71-81
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• 2014

Paper inquire into centering around the judical precedent, futher more refer the literature on this subject by combination documentary method of study and that of law-interpretation and this aims to examine the basis and legitimacy of the legal superficies in customary law, the right of the tomb and present relevant precedents in an orderly manner.

• Fire Science and Engineering
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• v.23 no.5
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• pp.181-195
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• 2009

Modern constitution obtains its justice by protecting the people's basic legal rights. The constitutional rights can be more than a defensive measure against government power by modern viewpoints. The government has to create an atmosphere which the rights are not violated. The Constitution provides that the government has to make efforts to prevent disaster and protect the people from danger in Clause 34, Art. 6. The government has an obligation to protect the people's basic legal rights of life, health and property from fire damages, and those rights are gathering strength under a socialist state principle as fundamental ideology of modern societies. The present fire inspection system gains a point constitutionally but it still needs to be certified as the most suitable system. This article examines the solution to operate fire inspection system efficiently, given the reality of present system operation. It is necessary to improve the system by integrating the present fire inspection with the self fire inspection. Government needs to re-modification the Fire inspections system for prevent and promote (resolve) the problem which government officer (ex fire fighter) can make a irregularities and corruption as do it oneself.

• The Journal of the Korea Contents Association
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• v.16 no.9
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• pp.531-544
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• 2016

Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.

• Journal of Korean Society of Forest Science
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• v.87 no.3
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• pp.372-382
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• 1998

This study aims to reveal the dissolving process around the customary common right to forest utilization through a series of policies consolidating the modern forest ownerships in Korea under the rule of Japanese Imperialism. The existence of the customary common right to forest utilization has been widely recognized since the old time. Common profitable actions in a certain area have been given to village residents to gain useful materials such as forage, timber, fuelwood, wild animals, soil, grazing, and quarry in forest, which were necessarily required for their own daily life as customary commodities. This right was divided into the right around common forests and special easement in forests. Therefore, the common forests applicable of these rights were classified into village common forests and special easement forests. Especially, General-Government granted the national forests in pre-emption to a private(88.6%, 2,463,555chungbo) or public(12.1%, 299,050chungbo). After all, most of the common forests were transferred into national forests in earlier stage and then later into public ar private forests by Japanese Imperialism.

• FLOWER RESEARCH JOURNAL
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• v.17 no.3
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• pp.208-213
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• 2009

Since International Union for the Protection of New Varieties of Plants (UPOV) was established in 1968, the number of joined nations is getting increasing and the regime for variety protection was intensified. Korea joined as the 50th member nation in UPOV. A lot of floricultural plants including rose and chrysanthemum from foreign countries have been applied and registered by Korea Seed and Variety Service (KOSID). Since Korea is one of the importing countries in cut flowers and bulbs, paying royalty is a big burden. Now we are to identify the policy on handling of a mutant from essentially derived varieties (EDV) and relation of a finder (or grower) and breeder by different companies in each country. As a result, the rights are provided not to a finder but to a breeder (breeding company) in most industries. Second, grower's rights are recognized, but in case of the mutant is commercialized, a grower and a breeder should come to a mutual agreement. Third, there is a kind of compensation system for the finder of the mutant.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.7
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• pp.1191-1200
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• 2022

The COVID-19 pandemic can be deemed one of the greatest hardships faced by mankind in the 21st century. All industries have been severely affected and workers are still experiencing deep difficulties due to the changed working and living environment. Seafarers have been recognized by the international community as key workers since the pandemic began. They are also working internationally to establish a Level Playing Field through the protection of their rights through the Seafarers' Employment Agreement and the implementation of international labour standards. However, despite the obligations under international conventions to be implemented by State parties and the recommendations by international organizations, the rights of seafarers under the Maritime Labour Convention were violated were violated and their occupational safety and health of seafarers were further threatened throughout the pandemic. This article analyzes the impact of the international shipping industry and the implementation of the Maritime Labour Convention based on each country's measures during the COVID-19 pandemic. Furthermore, the amendments of the Maritime Labour Convention adopted through the fourth Special Tripartite Committee were analyzed based on the conference documents and reports to comprehend the implied meaning. The adopted eight amendments to the Maritime Labour Convention are expected to positively affect the seafarers' rights, safety and health in the future, but the international community's efforts should continue because the issues of maximum working hours, maximum service period on board, and the repatriation of seafarers still remain unsettled.

• Journal of Science and Technology Studies
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• v.18 no.1
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• pp.5-62
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• 2018

Over the last 10 years, the fight against occupational diseases of semiconductor workers led by SHARPS(the Supporters for the Health And Rights of People in the Semiconductor industry, NGO) has accomplished considerable achievements, especially in the legal and institutional aspects. First, the court and the government accepted the claims that 24 injured workers respectively filed, recognizing their 10 types of diseases as occupational illness. The court not only expanded the list of work places and diseases that it recognized, but also presented more progressive logic of recognition. The most remarkable achievement among them is the case ruled by the Supreme court in July, 2017. In terms of 'worker's right to know', which is the most important factor in preventing occupational diseases, there have been significant legislative bills, court rulings and government guidelines. The revised bill of the Industrial Safety and Health Act to strengthen workers' rights to know and to introduce the pre-review system on trade secret is currently under review by the National Assembly. The court recently ruled that the government should disclose its inspection results on safety and health management at semiconductor factories. The ministry of labor has drawn up internal guidelines to more actively open its safety and health data to public. This study looks over recent developments in such rulings, bills and guidelines and then, analyzes their implications, laying the groundwork for future actions for worker health in the electronic industry.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Cross-Cultural Studies
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• v.52
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• pp.111-132
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• 2018

The way of approaching 'the relationship between love and justice' varies from person to person. We can argue for superiority of love or for superiority of justice by understanding the relationship between the two as conflicting. We can also argue that we need each other by understanding each other as a complementary relationship rather than an oppositional relationship. Hegel, however, sees love and justice as independent constitutive principles valid in different areas and does not regard the two as opposing nor complementary. This can only be understood when the structure of Hegel's theory of recognition is properly assumed. The relationship between love and justice will be considered mainly in Hegel's theory of recognition. Key philosophical points of Hegel's theory of recognition and consequences drawn on the relationship between love and justice on the basis of the theory will be examined. This can be summarized in the form of a thesis, roughly as follows. - Hegel presents love, justice and solidarity, that are various forms of recognition, to a family, a civil society and a state, that are three forms of social relations, as their constitutive principles. He does not grasp the relationship between love and justice as oppositional nor as complementary, that is different from many people's general perspective on the relationship of the two. - In Hegel's theory of recognition, love and justice differ in the areas in which they are valid. Love is a valid principle in the intimacy, and justice is a valid principle in non-intimacy. So, if justice and rights are asserted in intimacy, the area of intimacy is destroyed. Conversely, if love is asserted in non-intimacy, it cannot exercise real influence. - In the political community such as a state, where intimacy and non-intimacy overlap each other, the principle of solidarity is needed as a new constitutive principle, since a state does not stand on the principle of love as in a family nor on the principle of justice as in a civil society.