• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.7 no.6
• /
• pp.1319-1336
• /
• 2006

The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

• Korean Journal of Social Welfare
• /
• v.53
• /
• pp.31-49
• /
• 2003

Neo-liberalism, the most influential ideology in the current world, argues for the commercialization of social security programs and for the dissolution of the interventionist welfare state. From the neo-liberal viewpoint, social services become more efficient and more advantageous for recipients, when provided by the market, not by the state. It is also argued that the welfare of all social members is best secured when the market freely operates without any interference from the state. From the neo-liberal point of view, an argument was raised to commercialize the state-administered Workers' Compensation program of Korea in the mid-1990s. This argument was faced with strong resistances from labor unions and social welfare circles, and has disappeared since the economic breakdown and the restructuring of Korean society during the late 1990s. Butr, such an argument can emerge anytime as the nee-liberal ideology become more powerful. This article aims to examine the neo-liberal argument that the privatization of social security programs, through an increases in efficiency, improves the interests of the recipients as well as the whole society. For this, this article attempts to analyze the Workers' Compensation programs of the USA, which, from state to state, are administered by the state government or by private insurance companies. This study can serve as an effective critique for the neo-liberal argument, if it finds that state-administered Workers' Compensation programs are more efficient than those managed by insurance companies. This article's another aim is to assess the controversies over the privatization of the Workers' Compensation program of Korea during the mid to late 1990s. The controversies were more about which viewpoint is right and, in most cases, lacked empirical evidence. This study shall empirically criticize the argument for the privatization of the Workers' Compensation program.

• Journal of the Daesoon Academy of Sciences
• /
• v.43
• /
• pp.67-102
• /
• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

• Proceedings of the Korea Contents Association Conference
• /
• 2006.05a
• /
• pp.317-321
• /
• 2006

Endless criminal act has serious effect on safety of the nation and lives of the citizens and it is causing major disorder in ruling of the nation and the society. Also internet generalization in public put country's information foundation on the latest trend on the other hand, due to lack of security concept, cyber crime is on the rise such as hacking and viruses. But with various crime occurrence and increased desire for safety of citizens, there is limit to provide high quality public security service with just police force and equipments. To solve the problems, advanced crime prevention system, not on the nation's level but on the private level was activated private security business some time ago. And now it has its firm place as a corresponding existence with crime prevention capability of police force. Still private security industry of Korea has relatively many weak points when compared with advanced countries and it should be backed up with improvement of the law and the system.

• International Area Studies Review
• /
• v.15 no.3
• /
• pp.559-580
• /
• 2011

It's hardly possible to end the controversy over the effectiveness of government's role in economic growth of developing countries. It seems that each side can provide enough empirical evidences to support each side's argument. In most developing countries, the governments' capability to implement the economic plan is a more important factor that the type of policy they choose. Therefore, in this study, we focus on the capacity of policy implementation rather than the choice of policy itself. We tried to critically investigate Ecuador's policy implementation capacity in terms of qualities of policy framework, policy measures and policy constraints. First, Ecuador places high priority on import substitution and export promotion, she is not equipped with sufficient policy measures. Second, the overall policy framework is not effective enough to mobilize resource support those policies. Third, while the SENPLADES is leading overall develoment plan, it lacks the capacity to coordinate various ministries involved.

• 한국사회정책
• /
• v.25 no.4
• /
• pp.163-198
• /
• 2018

This study analyzed the change of the Korean welfare regime during the conservative government. It is clear that the welfare expanded during the conservative government, but this expansion was the process of realizing the constraint of expansion that reduces future welfare expenditure in Korea. In addition, as the public welfare centered on social insurance expanded after 10 years of liberal government, the backward selectivity of the Korean welfare regime strengthened in the conservative administration. Expanding social insurance itself does not reinforce the backward selectivity of the Korean welfare regime. However, the industrial structure created by the export-led growth system has intensified the fragmentation of the labor market, and expanding social insurance designed based on regular workers under these conditions has forced the backward selectivity of the social security system. It is for this reason that the backward selectivity has been reinforced during the conservative government.

• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.47-73
• /
• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

• Journal of Christian Education in Korea
• /
• v.65
• /
• pp.81-102
• /
• 2021

In church tradition, cultural misappropriation has often legitimized unjust hierarchy rather than to challenge it. Under the rubric of culturalism, Christian Education has served to justify the oppressive system and maintain status quo as well. A feminist theologian, Rebecca Chopp argues that the contemporary Western culture has intensified narcissistic individualism and self-referentiality and has supported the powerful, while forced the marginalized to be silent. Chopp insists that the role, nature, and mission of Christianity is to provide Word and words of emancipatory transformation. She advocates poststructural feminist theology and aims at renewal of the socio-symbolic order in society by criticizing assumptions underneath language, culture and politics. In this study, we will review the interview with an Asian-American couple and disclose the underlying assumptions and hegemony which have contributed to maintain the male domineering system. I suggest that Christian education for emancipatory transformation should encourage the oppressed women to reflect critically the existing order and to restore their own voice through constructive intervention facilitating "plurivociy" and "problem-posing" dialogue. Proclaimation of transformative Word can empower the marginalized people to revision the world alternatives to monotheistic patriarchal modernism.

• Industry Promotion Research
• /
• v.9 no.2
• /
• pp.95-102
• /
• 2024

This study aims to compare the role of the public sector in the U.S. and Korean medical security systems and study response measures in the social risk situation of the COVID-19 virus. The COVID-19 pandemic was a typical case of a 'disaster' that spread across the world across borders in a short period of time and caused serious social welfare losses by increasing the annual number of deaths by approximately 4% in 2020. Threats to health security, such as changes in social order, unpredictable endings, prolonged control of daily life, and deepening inequality, affected the economy, politics, and environment as a whole, and people had to experience anxiety and confusion due to mental and physical stress. Furthermore, developed countries failed to provide help to low-income countries in the face of global disasters. In this situation, the country's disaster management capacity to minimize harm and secure resilience, especially disaster response capacity in the health and medical field, is inevitably very important. Therefore, this study compares how the health insurance system, which is a system to guarantee citizens' right to life, differs from the United States, a liberal health care country, and raises the need to strengthen the role of the public sector.

• Korean Journal of Labor Studies
• /
• v.24 no.2
• /
• pp.321-365
• /
• 2018

Though the British shipbuilding industry dominated the world market in the 19th century, it could not avoid the repetitive rise and fall of the unemployment following after the cyclical fluctuations. Without challenging the employers' rights to fire at will, the boilermakers maintained their own unemployment insurance in order to escape from the new poverty law system. In the beginning the craft union could continue their own unemployment insurance under the National Insurance Act of 1911, but it went into bankruptcy under the massive unemployment of the 1920s and the attacks of shipyard employers. The Act of 1911 was a step towards social solidarity in that it spread the risks beyond the occupational boundaries, applying unemployment insurance to unskilled and non-union workers, and the employer and the government also paid the premium. In the Great Depression, the shipyard trade unions demanded that the government should intervene in the shipbuilding market to provide jobs, but it was not accepted by the government. The government responded only to the another demand of the union for the maintenance, which could be achieved partially through the abnormal operation of the insurance system, abandoning the insurance principle. After all, unemployment in the shipbuilding industry was resolved only by the expansion of rearmaments and the outbreak of World War II. From the 19th century to the World War II, the craft unions did not challenge the employers' right to fire at will and did not attempt to regulate dismissal procedures or make any demands on dismissal compensations. During interwar periods rules and practices related with weak employment protection - one of the main features of the liberal employment adjustment institution - were prevalent in Britain. The principle of 'employment at will' could survive through the historical events such as the World War I, II as the operation of the unemployment insurance became the focus of the social conflicts.