• Title/Summary/Keyword: 침해자

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Bundled Discounting of Healthcare Services and Restraint of Competition (의료서비스의 결합판매와 경쟁제한성의 판단 - Cascade Health 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.175-209
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    • 2019
  • The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

Religious Freedom and Religious Education in Protestant Mission School in Recent Korea: with Special Reference to Proselytism (한국 개신교사학의 종교교육 공간에 나타난 종교자유 논쟁: 개종주의와의 관련을 중심으로)

  • Lee, Jin Gu
    • The Critical Review of Religion and Culture
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    • no.29
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    • pp.134-167
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    • 2016
  • This paper aims at exploring the characteristics and meanings of religious freedom controversy surrounding religious education, with special reference to proselytism, in protestant mission school in recent Korea. Most of protestant mission schools have been providing students compulsory religion class and chapel service in the name of religious education. According to the school authorities, religious education should be provided for the realization of founding philosophy, and they say that mission school has the right to religious education. On the contrary, many non-christian students argue that their religious liberty is seriously violated by required religious education especially compulsory chapel worship. So serious conflicts broke between mission school authorities and students. Supreme Court decided that Soongsil University has the right to maintain compulsory chapel service, ruling that Daegwang High School should not maintain required chapel worship. It seems that Supreme Court gave different decisions to high school and university respectively, considering the differences between high school and university in application for admission to a school, students' critical consciousness, school's autonomous rights, etc. However, these precedents are being challenged by many peoples and groups. There are three agents which are involved in religious freedom controversy in mission school. The first are mission school authorities supported by religious groups, the second government supported by political parties, and the third mission school students guided by NGO. Among them protestant groups are playing the major role in making religious freedom problems in mission school. Protestant groups try to convert mission school students to protestantism by compulsory chapel service and religion class. Such a protestant proselytism becomes a cause of oppressing students' human rights and religious liberty. In this situation government has a responsibility to protect the students' rights to religious freedom. But government seldom impose sanctions on the protestant mission schools' compulsory programs. The reason why government does not restrict mission school's unlawful religious education is because protestant groups have strong influence in voting. Eventually civil movements organizations involved in religious freedom controversy for the sake of students's human rights. In conclusion, the assailment is protestant proselytism, the accessory is government, the victim is students in the religious education in mission school in recent Korea.

A Study on Improvement of Site Selecting Indicators for Safe Pedestrian Environment (안전한 보행환경 사업 대상지 선정지표 개선방안 연구)

  • Lee, Jong Nam;Heo, Joon;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.1
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    • pp.79-86
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    • 2013
  • As car-oriented road policies have been made forward so far, relatively pedestrians' walking conditions are so in poor environments that more than two thousand pedestrians die from car accidents every year. Pedestrians' walking right has been severely invaded like that. Pedestrians' walking right is a right that people are able to walk safely and comfortably in pleasant surroundings as long as they don't threaten the public safety, order maintenance, and welfare. The government has an obligation to provide safe, comfortable, and pleasant environments to pedestrians. Recently interests in pedestrians' safety are increasing, government-driven supports have been made to make safe, pleasant, and healthy walking surroundings. As poor walking condition improvement projects cost high, they should be progressed to accomplish maximal effects using finite finances efficiently, and post feasibility evaluations of the projects should be severely estimated. However site selecting indicators which satisfy with the goal for composing safe working surroundings have not been decided yet, though currently it has a legal basis to specify walking condition improvement sites by the Law for Pedestrians' safety and Comfort Increasement. Therefore this study focuses on suggesting improved ways for selecting sites where pedestrians' safe environment project by reviewing previous research. When project sites are selected, evaluation indicators related to awareness survey of residents and history should be excluded, and disaster safety assessments for walking safety facilities, latent human hazards and natural disasters like a strong wind are proposed besides evaluations on pedestrians' safety and walking environment for matching with the purpose of the project to make safe working surroundings.

An Illegally-copied App Detecting Method by Using Odex File in Android Platform (안드로이드 플랫폼에서 odex 파일을 이용한 불법 복제 앱 탐지 방법)

  • Cho, Dueckyoun;Choi, Jaeyoung;Kim, Eunhoe;Gang, Gi-Du
    • Journal of Internet Computing and Services
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    • v.16 no.2
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    • pp.67-75
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    • 2015
  • According to the changes of the mobile environments, the usage and interest of the Android apps have been increased. But the usage of illegally-copied apps has been also increased. And the transparency and dependability of the app markets has been decreased. Therefore there are many cases for the copyright infringement of app developers. Although several methods for preventing illegally-copied apps have been studied, there may exist possible ways to bypass the methods. Since it is difficult to find out the first distributors of the illegally-copied apps, it is not easy to punish them legally. This paper proposes the method of detecting illegally-copied apps. The proposed detector can detect the illegally-copied apps using odex file, which is created when the app is installed. The detector can also find out the information of the first distributors based on forensic watermark technique. Since the illegally-copied app detector is running as a service on the system server, it is granted that the detector hides from the users. As an experiment result, the illegally-copied app detector takes on average within 0.2 seconds to detect and delete an illegally-copied app.

Basic Study of Applying Traffic Calming Method in Korea (Traffic Calming 기법의 국내적용 위한 기초적 연구)

  • Oh, Jun Seo;Oh, Seung Hwoon;Lee, Byeong Saeng
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.26 no.4D
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    • pp.553-557
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    • 2006
  • The traffic flow of a vehicle is an essential existence in a city, and is a part of a living aiming at the city citizen's activity. Hereafter, this flow will increase gradually, thus even a proper countermeasure against this will be required to arrange for. However, it will need to present a proper countermeasure against a threat of the roads surrounding a residential area where is a living space of the city citizen, being occurred according to this. It aims to maximize the effect of Traffic Calming technique through maintaining the special environment and facilities being possessed only by our country's living roads. This study did carry out and consider the analysis of a primary factor through a field survey, an experiment and SPSS, in relation to an issue of which influence of factors as for the domestic traffic environment different from a foreign country has on introducing and applying the technique of Traffic Calming to the domestic nation. As the results through the evaluation experiment and the primary-factor analysis, it could be seen being influenced largely by six factors such as a pedestrian's safety facilities which influence on the traffic environment in case of applying Traffic Calming, a mechanical factor to lower speed, a factor as to a street scene, a factor as to a pedestrian's passing condition given, a factor of a pedestrian's convenience and environment, and a visual factor of a vehicle's deceleration.

Problems Judicial Liability of On-Line Service Providers under the Infringement of Copyright in Internet (인터넷 상에서 저작권침해에 따른 온라인서비스 제공자의 책임문제)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.123-169
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    • 2002
  • The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

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Relationship-based Dynamic Access Control Model with Choosable Encryption for Social Network Service (소셜 네트워크 서비스를 위한 선별적 암호화 기능을 제공하는 관계 기반 동적 접근제어 모델)

  • Kwon, Keun;Jung, Youngman;Jung, Jaewook;Choi, Younsung;Jeon, Woongryul;Won, Dongho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.24 no.1
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    • pp.59-74
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    • 2014
  • The social network service is a online service letting users express the personality and enhancing the human network. However, these features result in side effects which diffuse personal information and make users access to treacherous information. Therefore, various access control models have been proposed. However, the access control mechanisms which encrypt data are only able to be applied for controlling access from direct node, and the access control mechanisms without data encryption allow service provider to access all the information. Moreover, both mechanisms do not consider dynamic changes in reliability of the users. In this paper, we propose relationship-based dynamic access control model including encryption of sensitive data, which consider the characteristics of SNS and improves the security of SNS.

A case study of Abusing of Game Technology License - The Konami's Music Game Licence Lawsuit Approach - (게임 기술 특허 남용에 대한 사례연구 -코나미사의 음악게임 특허 소송 사례를 중심으로-)

  • Jeon, Hong Sik;Koh, Chan
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.81-88
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    • 2014
  • The patent right is that creators are received the right of monopoly for supporting their creation work perseveringly but sometimes it causes infringement of freedom of creation. In this study, we examine the patent of music game in arcade game field and also examine Konami's, which is a main producer in this field, institutes many lawsuits repeatedly. It brought on diversion of rivals and depression of game market. We examine the abuse of music game patent through the case of Konami. We examine the negative influence through all music game market that creativity blocked by repetitive patent lawsuit institutes from little change of operation device and music game hardware even though it is reasonable for guarantee of new technology patent in game field which is a idea industry. We examine the lawsuit cases of abuse of music game patent in Korea, China and Japan and we analyze market change through the cases. We recommend policy for this industry development.

Classification of Online Tracking Technology and Implications in User Perspective (온라인 트래킹 기술 분류 및 이용자 관점에서의 시사점)

  • Lee, Bohan;Rha, Jong-Youn
    • Journal of Digital Convergence
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    • v.16 no.9
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    • pp.159-172
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    • 2018
  • This study searched and analyzed online tracking technologies. It tried to understand what to consider when establishing policies related to online tracking. Online tracking technologies were classified into 'general cookies', 'super cookies', 'fingerprinting', 'device ID tracking' and 'cross-device tracking'. Political considerations should include the layers of online tracking, the subjects of tracking technology, purpose of use, duration and storage format of information, and development of technology. The implications of this study are as follows: first, policy makers and industry should be aware that the degree of risk perceived by users may vary according to the characteristics of online tracking technology. Secondly, it is necessary to understand factors that affect the classification of online tracking technology. Finally, in the industry, preemptive measures such as building an integrated privacy system are needed to relieve anxiety of users and to build trust.

A Study on Service Models for the Building of Open Educational Resource Service System (교육정보 자유이용체제 구축을 위한 서비스 모델에 관한 연구)

  • Park, Jung-Ho;Kang, Jang-Mook
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.11 no.2
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    • pp.73-81
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    • 2011
  • In this paper, we studied on the building models of open educational resource service system for download or upload their own educational content to be shared with the others without worrying about copyright infringement. We first analyzed the building models of the international OER(Open Educational Resource) service sites. And then, based on these results, we present the new service models suitable to be built the open educational resource service system in phases. The proposed models have the flexibility to accommodate the needs of users and have the advantage that the copyright-related issues of the existing 'National Educational Information Sharing System' could be solved step by step.