• Proceedings of the Korea Information Processing Society Conference
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• 2020.05a
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• pp.500-503
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• 2020

특허를 통해 기술의 권리를 정의하고 보호하는 일이 매우 중요해짐에 따라 특허 문서를 분석하는 연구 또한 중요해지고 있다. 특히 특허의 청구항을 종속항과 독립항을 구분하고, 관련된 인용을 찾아내는 일은 관련 특허들을 분석하는데 매우 중요하다. 본 연구는 최근 텍스트 분석 분야에 획기적 성능 개선을 이끈 BERT(Bidirectional Encoder Representations From Transformers) 언어 모델을 사용하고 Neural Network 의 파인 튜닝 과정을 통해 청구항의 독립과 종속을 구분하였고, 인용하는 항의 번호와 인용 문구로 이루어진 인용 패턴을 통해 종속항의 인용 항을 찾아내었다. 이 방법을 2003 년 이후의 xml 형식의 미국 특허 데이터에 사용한 결과, 정확도 99% 의 성능을 확보하였다.

• Patent21
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• s.69
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• pp.18-21
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• 2006

• 발명특허
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• v.23 no.7 s.268
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• pp.24-28
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• 1998

• 발명특허
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• v.17 no.8 s.198
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• pp.42-47
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• 1992

• Journal of Korea Port Economic Association
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• v.25 no.2
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• pp.149-176
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• 2009

In Count case, the owners claimed from the charterers the amount of their loss resulting from the delay to the Count caused by the blockage of the channel due to stranding of the Pongola on the ground that this loss resulted from breach by the charterers of the safe port provisions. The Claim was referred to arbitration and dealt with on written submission. In a reasoned award, the arbitrators upheld the owners' claim. The charterers seek an order reversing the award or remitting it to the arbitrators for further consideration : (1) That the tribunal was wrong to find that the port of Beira was unsafe and that in consequence the charterers were liable to the owners in damages for detention. (2) That the tribunal was wrong to find that the port was unsafe in the abstract by reference to the fact that two other vessels had grounded there. (3) Having held that the Count was delayed for a little over four days by the fact that, after the charterers had nominated the port, the Pongola had grounded in the access channel, the tribunal should have held that the port was not prospectively unsafe. On the that the grounding the Pongola was caused by the characteristics which made the port an unsafe port to nominate for the Count. The court was held that it was not an independent event which broke the chain of causation between the breach of contract and the owner's loss. For those reasons, the court was upheld the arbitrator's award.

• 발명특허
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• v.17 no.3 s.193
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• pp.18-21
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• 1992

대법원은 지난 연말 특허청의 항고심결에 불복하는 자가 대법원에 상고할 수 있도록 규정한 특허법 제186조 제1항이 헌법 제101조 제1항 및 제27조 제1항에 위배된다는 주장에 대하여 이를 헌법 재판소에서 심판하여 달라는 취지의 위헌제청 결정을 내렸다. 위헌제청 신천인의 주장을 보면, 행정부인 특허청 항고심판소에서 특허심판을 수행하고 있는 것은 법관에 의한 재판 받을 권리를 규정한 헌법에 배치되며, 도한 사실심에 관해 항고심판이 최종심이 되므로 사법권은

• 발명특허
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• v.17 no.2 s.192
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• pp.30-33
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• 1992

대법원은 지난 연말 특허청의 항고심결에 불복하는 자가 대법원에 상고할 수 있도록 규정한 특허법 제186조 제1항이 헌법 제101조 제1항 및 제27조 제1항에 위배된다는 주장에 대하여 이를 헌법 재판소에서 심판하여 달라는 취지의 위헌제청 결정을 내렸다. 위헌제청 신천인의 주장을 보면, 행정부인 특허청 항고심판소에서 특허심판을 수행하고 있는 것은 법관에 의한 재판 받을 권리를 규정한 헌법에 배치되며, 도한 사실심에 관해 항고심판이 최종심이 되므로 사법권은

• The Journal of shipping and logistics
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• v.34 no.4
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• pp.583-613
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• 2018

This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• Journal of Technology Innovation
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• v.25 no.3
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• pp.265-297
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• 2017

As corporate management enters the era of informatization or knowledge management, the level of patent quality, which is the fruit of R&D and technical innovation, is an important element of corporate competitiveness in this age of unbridled competition. This study analyzes the relevance between R&D stocks and 6 types of knowledge stock (patent quality) and corporate market values in utilization of related research models. With Tobin Q model utilized, 108,851 U.S. patents (observed value per year: 2,795) registered by 402 domestic enterprises were analyzed. As the Hall model was analyzed, it turned out that the R&D stock/asset, claim stock/patent stock, and citation stock/patent stock had positive effect on corporate market values. The inventor stock/patent stock also show positive effect on corporate market values.