• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.331-337
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• 2024

The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.163-201
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• 2019

Doctor has the duty of an inter-hospital transfer, known as inter-facility or secondary transfer, when the diagnostic and therapeutic facilities required for a patient are not available at the given hospital. Also, the decision to transfer the patient to an another facility is rely on whether ill patient is the benefits of care, including clinical and non-clinical reasons, available at the another facility against the potential risks. Crucial point to note is that issues about 'inter-hospital transfer' is limited to questions occurred in the course of transfer between emergency medicals (facilities). 'emergency medical (facility)' is specified by Medical Law, article 3 and the duty of an inter-hospital transfer includes any possible adverse events, medical or technical, during the transfer. Because each medical facility has an different ability to care for a patient in an emergency condition, coordination between the referring and receiving hospitals' emergency medicals would be important to ensure prompt transfer to the definitive destination avoiding delay at an emergency. Simultaneously, transfer of documents about the transfer process, medical record and investigation reports are important materials for maintaining continuity of medical care. Although the duty of an inter-hospital transfer is recognized as one of duty of doctor and more often than not it occurs, there is constant legal conflict between a doctor and a patient related to the duty of the inter-hospital transfer. Therefore, we need clear and specific legal standard about the inter-hospital transfer. This paper attempts to review the Supreme Court's cases associated to the inter-hospital transfer and to compare opinion of the cases with guideline for an inter-hospital transfer already given. Furthermore, this article is intended to broaden our horizons of understanding the duty of an inter-hospital transfer and I wish this article helps to resolve the settlement and case dealt with the duty of inter-hospital transfer.

• Korean journal of communication and information
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• v.48
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• pp.46-62
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• 2009

The current study attempted to review the standards of retransmisison consent and arbitration for the terrestrial broadcasting signal. The standards are based upon the principles encouraged by the MIAC(Ministry of Internal Affairs and Communications). It has been criticized that the standards of judgement for the retransimission consent and arbitration are ambiguous and arbitrary in Japan. In 2009, MIAC announced five decisions regarding the retransmission of over-the-air. The result of the current study found that the regulations of compulsory over-the-air signal retransmission have been sustained until now. The retransmission policy of the Japan government based upon three principles; localism, proper cause and copyright act. The judgment is dependent on the intrepretation of MIAC's standard about these three principles.

• International Commerce and Information Review
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• v.17 no.2
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• pp.173-197
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• 2015

The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.6D
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• pp.793-801
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• 2011

Existing specifications of road pavement require contractors to meet only materials and construction conditions regardless of pavement life. There are limitation of developing road pavement technology and possibility causing dispute between ordering organization and contractor with this type of specification. Research efforts to introduce performance warranty contracting are in progress in the field of road pavement to improve the problems. The performance warranty contracting gives the contractors opportunity to select materials and construction methods as they like. But they should satisfy a certain level of performance during a given period. The performance indicator and threshold value of pavement which are main elements of the warranty specification should be defined first to introduce the performance warranty contracting successfully. In this study, the performance indicator, threshold value, and warranty duration of asphalt pavement were investigated by reviewing literatures on performance warranty contracting of some states of the US. Major distresses influencing the performance of the asphalt pavement were investigated at 24 national expressway lines and national highway lines in 16 regions, and the data were analyzed to be compared to the cases of the US. Development of rational performance warranty specification for domestic asphalt pavement is expected based on the research results.

• 대한공업교육학회지
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• v.45 no.2
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• pp.108-130
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• 2020

In order to cope with the rapid changes in science and technology and various societies and complex economies with the advent of the 4th Industrial Revolution, intellectual property education is essential above all. In this study, therefore, intellectual property and the required competences were derived and verified for each field. As for the research method, Delphi technique was used twice for literature review and experts, and the conclusions of the research are as follows. First, the field of intellectual property required in the era of the 4th Industrial Revolution was classified, through literature review and Delphi technique, in eleven sections such as IP-R & D consulting, IP information search analysis, IP entitlement, IP strategic planning, IP transaction, IP finance, IP value evaluation, IP management, global IP management, IP commercialization, and IP disputes, of which validity was verified. Second, It was analyzed that the validity of required competencies derived from each field of intellectual property was reliable. Third, it is generally appropriate to nurture manpower in each field of intellectual property in universities or graduate schools. In addition, it is judged that regular job training of industries such as enterprises and public institutions is necessary regardless of the field.

• Journal of Satellite, Information and Communications
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• v.12 no.4
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• pp.78-86
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• 2017

Japan has a lot of interest about weapons systems development of surrounding national and has invested heavily in securing intelligence assets to get information about them, because of conflict issues between Japan and Russia with four northern islands, China with Senkaku Islands and entry policy into the Pacific. Japan has used a large budget to detect and intercept ballistic missile for reasons of the launch of the Taepodong missile in 1998. After took over SIGINT equipments which U.S. force had operated in 1950s~1960s, Japan made a technological analysis and advanced IT technology to produce superior equipments. Japan's SDF has installed them in 19 locations across Japan. In addition, Japan's JASDF has installed advanced early warning RADAR to detect aircraft and high speed ballistic missile entering JADIZ with S-band in 28 locations across Japan. It is possible to detect missile launch preparations, engine tests, and launch moments at any time for operation of 6 satellites high resolution reconnaissance system and 6 aegis ships. In close cooperation with the US, Japan is accessible to the SBIRS networks which detects the launch of a ballistic missile in neighboring countries. In the future, Because the United States wants Japan to act as part of the United States in East, south Asia, it is believed that the exchange of intelligence on the surrounding countries between two countries will be enhanced.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.127-152
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• 2020

Despite growing international cooperation for maintenance of international peace and security, wars continue to occur due to conflicted state interests. Continuing conflicts has advanced development of various weapon systems such as global integrated intelligence, surveillance and reconnaissance. However, with a big increase in the number of civilian casualties caused by the weapon systems development, the international community has also advanced diplomatic efforts to minimize deaths of civilian and military personnel. Therefore, it is essential to observe the principle of discrimination between combatants and non-combatants when operating unmanned aerial vehicles (UAVs), better known as drones. Drones have become more capable of distinguishing combatants from non-combatants due to its high-tech prowess. In the operation of drones, any parties involved in combat or the war are responsible for mounting civilian casualties. In addition, it should comply with the principle of proportionality that calls for a balance between results of such action and expected military advantage anticipated from the attack. The rule of proportionality prohibits use of military force which may be expected to cause excessive civilian harm. Drones have been able to track and monitor targets for hours and select the accurate locations of the targets. The aim is to reduce civilian losses and damage to a minimum. Drones meet the standards of Article 51.4 of the Additional Protocol.

• KDI Journal of Economic Policy
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• v.13 no.4
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• pp.155-177
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• 1991

The promotion of economic exchange and cooperation between North and South Korea is significant in two ways. First, the pursuit of economic interest can lead gradually to the unification of the national economies. Second, economic relations can serve as the first stride toward political reunification. There are, however, many difficulties in conceiving a strategy for economic cooperation between North and South Korea because of their differences in ideology and socio-economic system. Under these circumstances, a bid by either the North or the South to consider its specific ideology or socio-economic system absolute and to impose them on the other side would inevitably lead to confrontation and collision and deepen the division of the country. Therefore, steps to expand and develop economic and technological cooperation and comprehensive exchanges between the North and the South, with due regard to the development of bilateral relations, are in full accord with the interests of the both sides. It is clear that North Korea's changing attitude toward its environmental conditions is neither a policy of opening nor an ideological shift toward pragmatism, as has occurred in the Eastern European countries. Instead, it is a temporary tactic for breaking out of the economic stagnation caused by its rigid economic structure. In this light, we must.