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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

학교교육과정의 인구교육내용분석

  • 박덕규
    • Korea journal of population studies
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    • v.11 no.1
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    • pp.50-57
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    • 1988
  • This study focused on the anding of Inchon's identity The empirical method and ethnomethodological approaches were used to collect the data. Among members ofcitizen movement groups,government workers,and students who are living inInchon were selected as 613 samples using a purposive sampling method. MultipleClassification Analysis (MCA) and cross-tabulation methods were used in theanalysisThe study of identity in an area is important in terms of providing the solution ofthe problem in a region and social integration of the citizens. The scores of the indexabout Inchon's identity are quite low and more than half of the respondents to allthree groups showed the middle position of the scores from the identity index. By thecharacteristics of the respondents,female,unmarried single,30 years or more,lowerincome groups showed relatively higher identity index scores than other counter-parts . And professional,administrative,clerical workers'identity index scores werehigher than people who work at sales,service,and agricultural sectors. Respondentswith 2 years of college or more,with intentions to donate special monies for cultural, social welfare, environmental reform,persons who want to live in Inchon for along period of time equipped with a stronger identity index.For the character of Inchon's identity,there are no identity,making it fromnow on,capacity or broad-minded city,vanguard pioneer,displeased, Oiversity/multiplicity of the city,defense spirit from foreign invasion,entrancecity from the world in that order. Therefore,it is hard to say what exactly Inchon'simage is in a single word. However,Inchon can be characterized as a diverse citywith capacity to live together without any serious conflicts among citizens who come from Seoul,Kyunggi-Do,Chungchung-Do,Chunla-Do,Kyungsang-Do,and foreign countries including North Korea. These facts imply that Inchon should continue topursue this image as a diverse city with capacity as an identity pursuing towardsworld city and hub city of North East Asia.ty as an identity pursuing towardsworld city and hub city of North East Asia. East Asia.

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Characteristics of Seepage Water and Groundwater in a Coastal LPG Storage Cavern of Jeonnam (전남 해안 LPG 저장공동 유출수와 주변 지하수의 수질특성)

  • Lee, Jin-Yong;Choi, Mi-Jung;Kim, Hyun-Jung;Cho, Byung-Wook
    • Journal of Soil and Groundwater Environment
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    • v.14 no.4
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    • pp.33-44
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    • 2009
  • Water curtain of an underground LPG storage cavern is a facility to prevent leakage of high pressure gases, for which groundwater should flow freely towards the cavern and groundwater level also must be stably maintained. In this study, in order to evaluate qualities of seepage water and surrounding groundwater of an underground LPG storage cavern in Yeosu, 4 rounds of samplings, field measurements and laboratory analyses (February, May, August, October of 2007) were conducted. According to field measurements, pH was weak acidic to neutral but it gradually increased with time. Electrical conductivity (EC) of groundwater near a salt stack showed very high values between 10.47 and 38.50 mS/cm. Dissolved oxygen (DO) showed a very wide range of 0.20~8.74 mg/L and a mean of oxidation-reduction potential (ORP) was 159 mV, which indicated an oxidized condition. Levels of $Fe^{2+}$ and $Mn^{2+}$ were mostly less than 3 mg/L. All of seepage waters showed a Na-Cl type while only groundwater near the salt stack showed a Na-Cl type with a high total dissolved solid. The other groundwaters exhibited typical $Ca-HCO_3$ types. Levels of aerobic bacteria were mostly very high (573-39,520 CFU/mL). Based on the analyses of these hydrochemistry and biological characteristics, it is concluded that there are no particular problems in groundwater and seepage water, which not causing a trouble in the cavern operation. However, both for control of bio-clogging and for sustainable operation of the water curtain system, a regular hydrochemical and microbiological monitoring is required for the seepage water and surrounding groundwater.

Effects of Entrepreneurial Competencies on Entrepreneurial Satisfaction and Life Satisfaction: Moderator Effect of Person-Job Fit (창업가역량이 창업만족도와 삶의 만족도에 미치는 영향: 직무적합도의 조절효과 검증)

  • Lee, Sung Ho;Nam, Jung Min
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.4
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    • pp.85-99
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    • 2021
  • Due to the continuous unemployment problem, the number of jobs is gradually decreasing, and entrepreneurship is emerging as an alternative. This is because, despite the government operating various start-up support programs to build a start-up-friendly culture, young entrepreneurs cannot endure the valley of death and disappear. Therefore, through this study, we intend to provide implications by analyzing the impact on Entrepreneurial satisfaction, which is essential for continuously running a business, and life satisfaction, which can act as a social awareness. This study was conducted with 573 non-wage workers who belonged to the founders among the participants of the 'College Graduation Occupational Migration Path Survey(GOMS)' survey provided by the Korea Employment Information Service. In order to analyze the relationship between entrepreneurial competency and job fit, Entrepreneurial satisfaction, and life satisfaction, the analysis was conducted using the SPSS 23.0 program. The main research results are summarized as follows. First, entrepreneurial competency has a positive effect on Entrepreneurial satisfaction and life satisfaction. Second, job fit indicates a moderating role in the relationship between entrepreneurial competency and Entrepreneurial satisfaction. Third, start-up satisfaction appears to have a partial mediating role in the relationship between entrepreneurial competency and life satisfaction. Fourth, as a result of analyzing the difference between groups according to the type of start-up(single/partnership), the group that worked together showed higher Entrepreneurial satisfaction and life satisfaction. The main implications of this study are: First, in order to increase the Entrepreneurial satisfaction and life satisfaction of university graduates who are the subject of the study, it will be necessary to design a program that can diagnose and enhance the entrepreneurial competency of students at the university level. Second, entrepreneurial competency is a basic intrinsic factor that founders must have, and it should act as an important evaluation factor when selecting founders for support programs from start-up support organizations as well as founders. Third, it is necessary to maintain mutual trust by documenting problems (positions, wages, management rights, distribution of profits, etc.) that may occur in joint ventures with objective data. Fourth, it is necessary to establish an environment in which the MZ generation, armed with the challenging spirit and creativity, can continue to take on challenges even if they fail.

Research Trend of the Healthcare and Medical Care for Elders in the Journal of the Korea Gerontological Society (한국노년학의 보건·의료·건강영역 연구동향)

  • Kim, Hyun Sook;Park, Yeon-Hwan;Kim, Young Sun
    • 한국노년학
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    • v.38 no.3
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    • pp.705-723
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    • 2018
  • In this study we review the selected articles on elderly health and medical care published in the Journal of the Korea Gerontological Society (JKGS) in the last 40 years, and make suggestions for future research directions for gerontological health and medical care issues. Of all the 40 year publications from volume 1 (1980) to 38 (2017), we first examined the 30th anniversary review on the subject of gerontological nursing care and healthcare policies published in JKGS from 1980 (vol. 1, No. 1) to 2008 (vol. 28, No. 2), and reviewed recent 237 researches of this decade (out of all 655 articles from 2008, vol. 28, No. 3 to 2017, vol. 38, No. 4). We could find the following trends. Firstly, the analysis of the primary authors in the past 10 years revealed that those in public health, nursing and other health-related including physical education areas have dealt the subjects focusing on physical health while those in social welfare mostly on mental health. That is, physical health has been the prime subject of researches in the health and medical care area. Secondly, in the same period quantitative researches were accounted for 89.9%, which is similar to the trend of the first 30 years 81.5 %. On the other hand, qualitative studies were only 11 cases and the focus group interview were the most frequently used method comprising 33.3% among them. Thirdly, the non-experimental researches in the past 10 years comprise 65.4%, which was 82.7% in 1980 2008 period, indicating the increasing trend in experimental researches to deal with the issues in medical and healthcare fields. Lastly, the subjects of the researches were mostly the elders who are healthy, residents of city areas, or home dwellers, and 60% of them were over 65 years old in the past 10 years while the proportion was 42.7% in the previous review period. 81.6 % of the researches in the past 10 years was dealing both genders, slightly decreased trend compared to 88.5% of the previous review period. This study reveals that the researches in non-experimental physical health remains the main stream of JKGS despite the efforts by some researchers to diversify the methods and subjects. Systematic and in-depth researches employing multidisciplinary, qualitative, longitudinal and meta-analytical approaches are called for to guide the gerontolgical health issues with preventive and proactive perspectives.

An Analysis of Research Trends Related to Software Education for Young Children in Korea (유아의 소프트웨어 교육 관련 국내 최근 연구의 경향 분석)

  • Chun, Hui Young;Park, Soyeon;Sung, Jihyun
    • Korean Journal of Child Education & Care
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    • v.19 no.2
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    • pp.177-196
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    • 2019
  • Objective: This study aims to analyze research trends related to software education for young children, focusing on studies published in Korea from 2016 to 2019 March. Methods: A total of 26 research publications on software education for young children, searched from Korea Citation Index and Research Information Sharing Service were identified for the analysis. The trend in these publications was classified and examined respectively by publication dates, types of publications, and the fields of study. To investigate a means of research, the analysis included key topics, types of research methods, and characteristics of the study variables. Results: The results of the analysis show that the number of publications on the topic of software education for young children has increased over the three years, of which most were published as a scholarly journal article. Among the 26 research studies analyzed, 16 (61.5%) are related to the field of early childhood education or child studies. Key topics and target subjects of the most research include the curriculum development of software education for young children or the effectiveness of software education on 4- and 5-year-old children. Most of the analyzed studies are experimental research designs or in the form of literature reviews. The most frequently studied research variable is young children's cognitive characteristics. For the studies that employ educational programs, the use of a physical computing environment is prevalent, and the most frequently used robot as a programming tool is "Albert". The duration of the program implementation varies, ranging from 5 weeks to 48 weeks. In the analyzed research studies, computational thinking is conceptualized as a problem-solving skill that can be improved by software education, and assessed by individual instruments measuring sub-factors of computational thinking. Conclusion/Implications: The present study reveals that, although the number of research publications in software education for young children has increased, the overall sufficiency of the accumulated research data and a variety of research methods are still lacking. An increased interest in software education for young children and more research activities in this area are needed to develop and implement developmentally appropriate software education programs in early childhood settings.

A Reexamination of the Impact of the Fit of Corporate Social Responsibility on the Brand Attitude: The Perspective of Brand Hierarchy (기업의 사회적 책임(CSR)활동의적합성이 브랜드 태도에 미치는 영향에 관한 재고찰: 브랜드 계층구조 관점에서)

  • YANG, JAEHO;Seo, Hae-Jin;Song, Tae-Ho
    • (The) Korean Journal of Advertising
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    • v.27 no.8
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    • pp.59-90
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    • 2016
  • Consumers demand that corporates fulfill their social responsibility by exerting influence over not only economical values but also social values in markets. Given such a social mood, most corporates are actively engaging in Corporate Social Responsibility(CSR) activities, and marketing scholars continue to study the effects of such CSR activities. Numerous such studies examined the relationship between CSR activity and brand equity. Moreover, virtually, a majority of these studies focused on consumer responses to CSR activity from an individual brand perspective. In a situation in which brand management must consider the spillover effects of brands, firms holding various brands should consider these spillover effects when they establish CSR activity strategies. Therefore, we examine the effects of CSR activity using a comprehensive approach that considers the hierarchy of brands. Additionally, we develop a new perspective on fit that has been used as a major influence on the effects of CSR activity. We argue that the mixed results of the impact of fit regarding the effect of CSR activities is attributed to the influence of connections among brands based on the hierarchy of brands. We then examine the effect of two types of CSR activity strategies that reflect the relativity of fit. The results reveal that there was no difference in impact of the two strategies based on unique roles and traits of corporate brand and effects of low fit. Also, we found that the corporate brand focused strategy creates a greater change in consumers' attitudes than does an individual brand focused strategy in the case of a particular brand. This finding is meaningful because it indicates that a hierarchy of brands may relatively reduce the impact of the role of fit, unlike general arguments from previous related research. Second, the spillover effects from the CSR activities of individual sub-brands belonging to the same corporate brand were confirmed. Therefore, we clearly verified the role of the hierarchy of brands. Although both strategies cause changes in consumer attitude toward brands engaged in CSR activity, overall, a corporate brand focused strategy turned out to be more effective than an individual brand focused strategy because of the spillover effects of brands. Third, this study verified the effect of a corporate brand focused strategy through a moderating effect analysis of the degree of association between individual brands and corporate brand. Given these results, we identified a moderating role in the degree of association and the changes in consumer attitudes toward both main brands engaged in CSR activities and other different individual brands, which were caused by the spillover effects of brands. Finally, this study addresses implications and limitations.

Analysis of Real State and Effect of Assistance Activity for Middle School Career Education by Gyeonggi-do Vocational High Schools (경기도 직업계고 제공 중학교 진로교육 지원 활동 실태 및 효과 분석)

  • Lee, Chan Joo;Hyun, Su;So, Jun young
    • 대한공업교육학회지
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    • v.44 no.1
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    • pp.72-93
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    • 2019
  • The purpose of this study was to provide basic data needed to establish a system of career education which can offer necessary information for middle school students to select vocational high schools suiting to their talent and aptitude. For this, the study formulated research questions: how middle school students in Gyeonggi-do could acquire information related with entering high school; their level of understanding about general high school and vocational high school and their level of information requirement; real state and effect (level of helping them choose future school) of assistance activity for career education as provided by vocational high schools. For the analysis, the study developed a questionnaire and conducted survey for 4,459 3rd graders from 627 middle schools at Gyeonggi-do. Findings were as follows. First, methods of middle school students getting information related with entering high school turned out in the order of internet search (42.0%), consultation with family and friends (25.5%), consultation with teachers (24.0%). While, their methods of getting information related with entering vocational high school turned out in the order of briefing session by vocational high schools (39.4%), field trip to vocational high schools (24.9%), consultation with teachers from vocational high schools (15.7%). Second, the level of understanding (five points full marks) of Gyeonggi-do middle school students about high school by the type they wished to enter, and the level of information requirement (five points full marks) turned out 3.65 and 3.67 respectively for students who wished to enter general high schools, with the difference being 0.02. On the other hand, the level of understanding and that of information requirement turned out 2.92 and 3.25 respectively with the difference being 0.33, for students who wished to enter vocational high schools. Third, looking at the real state of participation of Gyeonggi-do middle school students in assistance activities for career education provided by vocational high schools, 79.4% of all students were participating. Activity with high participation ratio out of these turned out to be in the order of PR and guide book (booklet, brochure, etc.) for vocational high schools at 90.3%, briefing session prepared by vocational high schools on visit at 87.8% and video of vocational high school PR and introduction at 85.9%. The level of how these activities helped middle school students choose their high school was 3.45, showing more effect by 0.13 on students wishing to enter vocational high schools compared to those wishing to enter general high schools.

Matsuri and Shinsen : Centering on the Rites of Ise Shrine and Emperor (마쓰리(祭)와 신찬(神饌): 이세신궁과 천황의 제사를 중심으로)

  • Park, Kyutae
    • The Critical Review of Religion and Culture
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    • no.32
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    • pp.13-54
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    • 2017
  • The Ise Grand Shrine(伊勢神宮) dedicated to the sun goddess Amaterasu (天照大神), located in the city of Ise(伊勢市), Mie Prefecture of Japan, is a center of Japanese Shinto Shrines and composed of a large number of Shinto shrines centered on two main shrines, Naiku(內宮=皇大神宮) and Geku(外宮= 豊受大神宮). Historically it has kept very close relationship with Emperor, because its enshrined deity Amaterasu is generally said to be the ancestor of Imperial Family. The food and alcohol offering to the gods in Japanese Shinto rites are called Shinsen(神饌, ambrosia). Main subjects of this essay dealing with Shinsen are the various matsuri (rites) of Ise Grand Shrine and Emperor, such as Higoto-asayu-omike-sai(日別朝夕大御饌祭, offering repasts to the gods in the moring and evening everyday), Kan-name-sai(神嘗祭, offering of the year's new rice harvest), Shikinen-sengu-sai(式年遷宮祭, year of the ceremony), Nii-name-sai(新嘗祭, Ceremonial offering by the Emperor of newly-harvested rice to the gods), and Daijo-sai(大嘗祭, first ceremonial offering of rice by newly-enthroned Emperor). Then, the purpose of this essay is to examine not only the social, religious, and political but also cultural meaning of Shinsen especially in relation to Korea, basically introducing some types and characteristics of Shinsen with its mythological background and historical development. In so doing, I will show the concrete list of items and processes of Shinsen in those rites. For example, the social meaning of Shinsen might be examined in association with agricultural features, ancient dietary life, Japanese food, and its contemporary context etc. Besides, its religious meaning can be mentioned especially from the perspective of divine nature, life and rebirth etc. On the other hand, the politics was in ancient Japan originally called Matsurigoto which means the ancestral rites for gods. This suggests the political meaning of Shinsen that the politics in Japan has originated from Shinsen.