• Title/Summary/Keyword: 침해자

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Patent Trend and Characteristics of Major Companies in the Field of Seismic Nodal System (탄성파 탐사 무선 수진기 특허동향 및 주요 기업의 기술 분석)

  • Park, Jung Kyu
    • Journal of the Korean Society of Mineral and Energy Resources Engineers
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    • v.55 no.6
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    • pp.635-648
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    • 2018
  • This study analyzed patent trends of seismic nodal systems and the technical characteristics of core patents of three major companies, including Fairfield, Sercel, and Wireless Seismic, to examine the focus of technology development of each company. From the analysis, the patent application growth rate of seismic nodal systems has steadily increased since early to mid-2000s and has recently shown a higher growth rate. Over the same period, the patent application growth rate of the three major companies examined was higher than that of the global trend, and patent infringement cases was also examined to evaluate market competition in this field. Analysis of the technical characteristics of the three companies' 33 core patents showed that they are generally focused on seismic signal detection. Sub-technologies included improved reliability of data acquisition, data transmission efficiency, and overall operating of the seismic nodal system. New entrants in field of technology development or manufacturing of seismic nodal systems where the market is growing must closely analyze the contents of major companies' products and patents to prevent possible patent disputes or duplicate research.

Title: Research on Lee Won-ik(李元翼)'s the view on people(百姓) and the view on politics in Seonjo(宣祖) (선조대 이원익의 백성관과 정치관 연구)

  • Lee, Wook Keun
    • (The)Study of the Eastern Classic
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    • no.72
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    • pp.217-264
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    • 2018
  • The purpose of this research is to understand the view on people(百姓) and Lee Won-ik(李元翼)'s view on politics, comparing with Seonjo(宣祖)'s view on them. They as political actors sufficiently cognized the condition of life of people had been very desperate. Seonjo had approached from politics to the life of people, while Lee from the life of people to politics. The former has the precariousness of transformation and instrumentalisation of the life of people. The latter has the possibility of the life of people to lead the politics. Lee's stance was on the latter aspect. He had tried to conceive the people as they are, in other words as reality, not as they should be, in other words as idea. He refrained the elucidation of people from confining it within dichotomy structure of ruling-ruled. He had tried to conceive the organic relationship between people and other existences within community. He did not give knowledge-centered question of what is the life of people, but gave situation-phenomenon-centered question of how people has been living. This approach eulciates Lee's focus on the problems of Gongyi(工役), military service(軍役), Labour service(?役), the reduction and exemption of the tax, and the appointment of provincial officer(守令). As for Lee Won-ik, the best form of life of people is to make people have mind to deserve to live, to economize their power(寬民力), to make them savor their life(樂民生), and to make their life easy(安民).

A Planning Framework of BIM-based Work-Type Packaging for Educational Facility Maintenance (교육시설 유지관리 BIM 기반 공종 패키지 플래닝 프레임워크)

  • Bae, Chang-Joon;Park, Sang-Hun;Yoon, Sun-Jae;Lee, Mi-Young;Koo, Kyo-jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.12
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    • pp.200-210
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    • 2020
  • The maintenance of educational facilities was assembled in 12 project classifications of the Educational Improvement Program. The priorities were decided by the evaluation scores derived from the condition investigation, and maintenance works were budgeted in the order of priorities. These priorities were a schedule for conducting maintenance and an important criterion for obtaining a construction order. Several restrictions in the condition investigation exist, which derives budgets and conducts maintenance separately based on the priorities. An educational facility manager has a restriction in quantity take-off, which results in an incorrect budget. Discomfort would occur in an educational environment, and a period of infringing safety would increase. This study proposes applying a BIM in the condition investigation and the planning framework for work-type packaging. A BIM supports a budget calculation and derives evaluation scores by linking a repair and an inspection result. The work-type packaging algorithm divides a budget allocation range and derives the result of a grouped work-types applied in an equivalent space and element. As a result of applying cases, it could shorten the duration by approximately 37.4%. Its usability in selecting a grouped work-type was evaluated through an assessment with workers.

A Study on the Blockchain-Based Access Control Using Random-List in Industrial Control System (산업제어시스템에서 랜덤리스트를 이용한 블록체인 기반 접근제어 방식에 관한 연구)

  • Kang, Myung Joe;Kim, Mi Hui
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.5
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    • pp.147-156
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    • 2022
  • Industrial control systems that manage and maintain various industries were mainly operated in closed environment without external connection, but with the recent development of the Internet and the introduction of ICT technology, the access to the industrial control system of external or attackers has become easier. Such incorrect approaches or attacks can undermine the availability, a major attribute of the industrial control system, and violation of availability can cause great damage. In this paper, when issuing commands in an industrial control system, a verification group is formed using a random list to verify and execute commands, and a trust score technique is introduced that applies feedback to the verification group that conducted verification using the command execution result. This technique can reduce overhead generated by random generation in the process of requesting command verification, give flexibility to the verification process, and ensure system availability. For the performance analysis of the system, we measured the time and gas usage when deploying a smart contract, gas usage when verifying a command. As a result, we confirmed that although the proposed system generates a random list compared to the legacy system, there was little difference in the time when it took to deploy smart contract and that the gas used to deploy smart contract increased by about 1.4 times in the process of generating a random list. However, the proposed system does not perform random operations even though the operation of command verification and confidence score technique is performed together during the command verification process, thus it uses about 9% less gas per verification, which ensures availability in the verification process.

Political Participation of Conservative Protestant Churches and Democracy in Argentine (아르헨티나 보수 개신교의 정치 참여와 민주주의)

  • Kim, Hang-Seob
    • Iberoamérica
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    • v.23 no.2
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    • pp.55-91
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    • 2021
  • This article dealing with the political participation of Argentine Conservative Protestants tried to examine the effect of such political participation on democratic values and order. To this end, it focused on the subject of religious equality and freedom, and issues of same-sex marriage and sex education. First, the demands of the Protestants, who insisted on the equal treatment of all religions by correcting the religious discrimination policies, a legacy of the colonial era and the military regime, are very natural and self-evident, when we presuppose the value of a democratic society based on political equality and human rights. It can be said that it has contributed to the democratization of society by aiming to solve the old problems of society. But when it comes to same-sex marriage and sex education, things are quite different. Without considering the social situations of the socially disadvantaged or minorities, or the legislative purpose of defending their rights, they insist on only their teachings of scriptures or ethics, even within Protestantism, there is a disagreement on interpretation. These theocratic views and exclusivist attitudes can seriously infringe on the human rights or freedoms of people of different religions, or different choices about marriage or sexuality, among other things. It can be a serious threat to democratic order and values.

A Study on the Impact of the COVID-19 Pandemic on the Rights and OSH of Seafarers and Tendency in 2022 Amendments of Maritime Labour Convention (팬데믹이 선원의 권리 및 안전보건에 미친 영향과 2022년 해사노동협약 개정 동향 연구)

  • Hyun-Wook Doo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.7
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    • pp.1191-1200
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    • 2022
  • The COVID-19 pandemic can be deemed one of the greatest hardships faced by mankind in the 21st century. All industries have been severely affected and workers are still experiencing deep difficulties due to the changed working and living environment. Seafarers have been recognized by the international community as key workers since the pandemic began. They are also working internationally to establish a Level Playing Field through the protection of their rights through the Seafarers' Employment Agreement and the implementation of international labour standards. However, despite the obligations under international conventions to be implemented by State parties and the recommendations by international organizations, the rights of seafarers under the Maritime Labour Convention were violated were violated and their occupational safety and health of seafarers were further threatened throughout the pandemic. This article analyzes the impact of the international shipping industry and the implementation of the Maritime Labour Convention based on each country's measures during the COVID-19 pandemic. Furthermore, the amendments of the Maritime Labour Convention adopted through the fourth Special Tripartite Committee were analyzed based on the conference documents and reports to comprehend the implied meaning. The adopted eight amendments to the Maritime Labour Convention are expected to positively affect the seafarers' rights, safety and health in the future, but the international community's efforts should continue because the issues of maximum working hours, maximum service period on board, and the repatriation of seafarers still remain unsettled.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
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    • no.55
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    • pp.137-166
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    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

A Study on the Liability of Artificial Person(Natural Persons) with a Disregard of the Corporate Fiction in ESG (ESG측면에서의 법인격 부인과 법인관계인(자연인)의 책임에 관한 연구)

  • Kim, Dong-han;Kwon, Yong-man
    • Journal of Venture Innovation
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    • v.4 no.3
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    • pp.141-150
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    • 2021
  • Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.