• Title/Summary/Keyword: 캐릭터

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불공정거래행위 규제에 대한 발전적 입법론에 대하여

  • An, Byeong-Han
    • Journal of Korea Fair Competition Federation
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    • no.150
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    • pp.14-29
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    • 2010
  • 비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

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The Research on Witch in (<마법소녀 마도카☆마기카>에서 마녀에 관한 연구)

  • Yun, Young-Seok
    • Cartoon and Animation Studies
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    • s.39
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    • pp.1-25
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    • 2015
  • "Magical girl" is one of many popular genres that are watched in Japanese animation. The characteristics of "Magical girl" genre shows that most main heroine as the girl in young age, and this young girl play her role as a character with supernatural power. The majority in population of Japanese animation consumers were men. However, women began to become this population of Japanese animation consumers with the beginning of "Magical girl" genre, which also became a cause for the birth of "Shojo anime". The first "Shojo anime", as well as the first animation of "Magical girl" genre in Japan was , and this piece made a great hit when it was broadcasted. Since the great hit of , new pieces of animation in "Magical girl" genre has broadcasted through television continually, making other great hits also with in 1982 and< Sailor Moon> in 1992. Discussing of which, made not only a great hit in Japan, but worldwide as well, that its new season of TV series, , is broadcasted in 2014. "Magical girl" genre was loved by viewers of Japanese animation for a long time, and it is still broadcasted regularly today. In observation of pieces in "Magical girl" genre, magical girls who appear as a main character either fight for the world they live in, or take on an adventure, or take an action according to their idealistic purpose. However, the magical girls who appear in take an action not for the peace of their world, but rather for their own benefits and purposes. In , magical girls fight against the witches and their familiar spirits, which end up in a horrible conclusion. The witches who magical girls fought against were not already the witches in the beginning, but in fact were the other magical girls who took their action in the past. It Magical girls in present time were having witch hunt against the witches, who were once another magical girls in the past. Unlike traditional "Magical girl" genre, where witches and magical girls were used to be an that magical girls end up turning into witches. Witches did not exist in the beginning, but rather someone had to be one, to be hunted down in witch hunt. The cause of witch hunt did not exist in the beginning, but rather the ones had to be tagged as witches to be hunted down. Therefore, this paper is written to discuss an existence of witch in research of its historic origin of witch hunt, and on the witches appear in .

A Study on How Reading Comic Books Affects Creativity (만화 읽기가 창의력 향상에 미치는 연구)

  • Jang, Jin-Young;Park, Hye-Ri
    • Cartoon and Animation Studies
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    • s.36
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    • pp.437-467
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    • 2014
  • This study is intended to reveal reading comic books helps improve creativity. Though the long-lasting negative recognition towards comic books has positively changed these days, we need a ground upon which the social recognition needs improvement in that children's comic books have been used as a learning tool. Its introduction points out that there has been shortage of empirical researches on comic book reading, and as one of the empirical research methods, presents a method of comparative analysis on comic book reading, school study, and creativity tests via survey. The theoretical background in the 2nd chapter, first, puts emphasis on the significance of the creativity theory among all the other theories related to creativity, which focuses on problem-solving capacity. Second, it theoretically reviews the meaning which 'fun' and 'interest' have in development of creativity in the context of developmental process of the modern educational theories. Third, it empathizes that traits of reading comic books start off with 'fun' and 'interest', that awareness of reality gets expanded via the process of characters making their way through a strange world with empathy and absorption, and that comic book reading has to do with creativity. Fourth, it presents a model questionnaire with which to study relationship between comic books and creativity in an empirical way. The analysis on the survey outcome in the 3rd chapter shows, first, that smart students read many comic books, not to mention that studying helps improve creativity, which indicates above all, comic book reading and improvement of creativity are not negatively related, but are mutually complementary. Second, that creativity enhanced by reading comic books is higher than that enhanced by studying, which may mean comic book reading is more effective than studying in developing creativity. It has drawn a conclusion based upon these results, that reading comic books bears positive efficacy on both studying and developing creativity. Standing on this conclusion, it proposes it necessary to develop methods by grades of educating how to read comic books and to provide a recommended list of comic books to read.

Acceptance History of Korean Musical Theatre in 1960s and Cultural Imperialism (1960년대 한국의 뮤지컬 수용 역사와 문화제국주의)

  • Lee, Gye-Chang
    • (The) Research of the performance art and culture
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    • no.37
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    • pp.249-293
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    • 2018
  • The Musical Theatre was a popular art genre that originated from the western musical tradition represented by the European opera. In the twentieth century, it bloomed around Broadway in the United States. It is also one of the commercial arts which is popularly loved by the public in the field of performing arts all over the world at present. Due to the nature of this genre, the development of dramas and the expression of characters use music, not words or gestures, as the main medium. And the style of music reacts sensitively to the taste of the public, not to a particular class. When Japan colonized Korea, the empire strongly believed modernization equaled westernization and Japan was the one who could awaken Korean. The Japanese colonial music education was intended to bring cooperation and obedience to Japan by forcibly injecting Japanese ideology and culture into Joseon people. The music education of colonialism with the textbook of the "Songs for public education(보통교육 창가집)" compiled by the Japanese government was a sparkstone for the conversion of the Korean musical identity to Japanese and Western music. In addition to the capitalistic economical mechanism for establishing a South Korean government friendly with the United States during the Cold War after liberation, and the rush of American Pop culture represented by 'the show stage in 8th US Arm' and 'movies' which are to be the influence of invisible 'new cultural imperialism', our traditional music was confined to the meaning of 'Korean music', meaning 'past music'. In Korea, after the liberation, the musical was introduced by the influx of American popular culture. In accordance with the cultural policy of Park Jeong-hee regime, which aimed to spread the 'healthy culture' through the modernization of traditional arts, 'The Yegreen(예그린악단)' was founded. However, the plan to create a contemporary performing art based on Korean national arts showed the possibility of success in 1966 with the success of , but soon after, they have been destined to fall into an institution that has lost their ability to operate on their own due to the suspension of the sponsorship of the regime. Due to the cultural imperialist strategy of the influence of Japanese imperialism's colonial music education and influx of American popular culture after liberation, in the early days of Korean musicals, our traditional aesthetic style brought about the situation of the 1960 's, which did not become an independent ethnic art through the exchange and expansion with Western music. This is the background of the western licensed musicals led by the Korean musical market in the 21st century as well as the main cause of musical creation based on western music.

The effect of perceived social exclusion on warm lighting preferences (지각된 사회적 배제가 따뜻한 조명 선호에 미치는 효과)

  • Lee, Guk-Hee
    • Journal of the HCI Society of Korea
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    • v.14 no.2
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    • pp.5-12
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    • 2019
  • Social exclusion, which does not fulfill the desire for respect as one of the most basic human desires, makes those who perceive themselves to be socially excluded seek physical warmth. However, very few studies have examined whether this phenomenon-wherein social exclusion develops a preference for warmth-can be generalized to the emotional or symbolic aspects, such as the color of lighting. This study aimed to verify the effects of perceived social exclusion on warm lighting preferences, and two experiments were performed for this purpose. In Experiment-1, participants who were respected by people the previous day were assigned to the group that did not perceive social exclusion (non-perceived social exclusion group), and those who were not respected were assigned to the group that perceived social exclusion (perceived social exclusion group). Following this, their preference for warm lighting (3000K), neutral lighting (4000K), and cold lighting (6000K) was measured. The results showed that the perceived social exclusion group had a stronger preference for warm lighting and a weaker preference for cold lighting than did their counterparts. Moreover, the perceived social exclusion group showed a strong preference for warm lighting over neutral lighting; they also showed a weak preference for cold lighting. In Experiment-2, after assigning the participants into groups as in Experiment-1, the participants' preference for a space with warm lighting, neutral lighting, and cold lighting was measured. The results showed that the perceived social exclusion group had a stronger preference for the space with warm lighting and a weaker preference for cold lighting than did their counterparts. Further, the perceived social exclusion group showed a strong preference for the space with warm lighting over the space with neutral lighting; they also showed a weak preference for the space with cold lighting. The findings of this study have implications that can be applied to designing living spaces for people who experience social exclusion, such as handicapped individuals, multicultural families, or immigrant workers, as well as developing artificial intelligence services and cyber-friend characters for this demographic.

A Study on the Management of Manhwa Contents Records and Archives (만화기록 관리 방안 연구)

  • Kim, Seon Mi;Kim, Ik Han
    • The Korean Journal of Archival Studies
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    • no.28
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    • pp.35-81
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    • 2011
  • Manhwa is a mass media (to expose all faces of an era such as politics, society, cultures, etc with the methodology of irony, parody, etc). Since the Manhwa records is primary culture infrastructure, it can create the high value-added industry by connecting with fancy, character, game, movie, drama, theme park, advertising business. However, due to lack of active and systematic aquisition system, as precious Manhwa manuscript is being lost every year and the contents hard to preserve such as Manhwa content in the form of electronic records are increasing, the countermeasure of Manhwa contents management is needed desperately. In this study, based on these perceptions, the need of Manhwa records management is examined, and the characteristics and the components of Manhwa records were analyzed. And at the same time, the functions of record management process reflecting the characteristics of Manhwa records were extracted by analyzing various cases of overseas Cartoon Archives. And then, the framework of record-keeping regime was segmented into each of acquisition management service areas and the general Manhwa records archiving strategy, which manages the Manhwa contents records, was established and suggested. The acquired Manhwa content records will secure the context among records and warrant the preservation of records and provide diverse access points by reflecting multi classification and multi-level descriptive element. The Manhwa records completed the intellectual arrangement will be preserved after the conservation in an environment equipped with preservation facilities or preserved using digital format in case of electronic records or when there is potential risk of damaging the records. Since the purpose of the Manhwa records is to use them, the information may be provided to diverse classes of users through the exhibition, the distribution, and the development of archival information content. Since the term of "Manhwa records" is unfamiliar yet and almost no study has been conducted in the perspective of records management, it will be the limit of this study only presenting acquisition strategy, management and service strategy of Manhwa contents and suggesting simple examples. However, if Manhwa records management strategy are possibly introduced practically to Manhwa manuscript repositories through archival approach, it will allow systematic acquisition, preservation, arrangement of Manhwa records and will contribute greatly to form a foundation for future Korean culture contents management.

Formative Characteristics of Nasori(納曾利) Masks in Komagaku (高麗樂) and Korean Masks (일본에 전래된 고려악 나소리(納曾利)와 한국 가면의 조형적 특징)

  • Kang, Choon-ae
    • (The) Research of the performance art and culture
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    • no.33
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    • pp.129-163
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    • 2016
  • This study examines processes of cultural introductions and transformations among Korea, China and Japan via focuses on the formative characteristics of nasori(納曾利) masks belonging to komagaku (高麗樂), part of bugaku (舞樂), a Japanese court dance and music. Previous studies of traditional masks in East Asia focus on their dramatic characters and entertaining aspects. On the contrary, it approaches to their origins through the formative characteristics of komagaku nasori masks. Prince of Lanling, the representative togaku passed to Japan, and komagaku nasori perform a pair of toubu (答舞). One formative characteristic between Prince of Lanling and nasori masks is a dangling jaw (吊り顎). Masks having 'he' (へ)-shaped eyes like Japan's okina (翁) masks are characterized by a division (切顎) between the face and jaw, which is as same as the Korean masks. Other common grounds between Prince of Lanling and nasori masks are grotesque ghost faces and concentric double-circled eyes with their outlines painted gold. Concentric double-circled eyes prove that they spread to broader areas before the age of togaku and developed into a variety of divine-animal mask patterns. That Korean masks and nasori masks both have concentric double-circled eyes and dangling jaws is a significant starting point in studying the origin of traditional performing art in East Asia. Japan's bugaku has been passed down in shrines as part of folk religion. However, there exist in Korea no records or examples related to komagaku nasori masks introduced to Japan. This study provides some clues to comparison between Korean masks and komagaku nasori masks by focusing on the formative characteristics of the latter. The researcher suggests a new perspective to nasori mask dance by re-examining earlier Korean studies of the introduction of Daemyeonmu of Prince of Lanling to Japan through Shilla and the assumption of Nasori as Shilla music.

A Study on the Evaluation of Nepal's Inclusive Business Solution: Focusing on the Application of OECD DAC Evaluation Criteria (네팔의 포용적 비즈니스 프로그램 평가에 관한 연구: 경제협력개발기구 개발원조위원회 평가기준 적용을 중심으로)

  • Kim, Yeon-Hong;Lee, Sung-Soon
    • The Journal of the Korea Contents Association
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    • v.21 no.4
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    • pp.177-192
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    • 2021
  • The Development Assistance Committee of the Organization for Economic Cooperation and Development discusses the reorganization of the five evaluation criteria of the Public Development Assistance Committee, which are used internationally, and the five evaluation criteria including adequacy, efficiency, effectiveness, impact, and sustainability when assessing public development assistance in 1991. This study is to derive alternatives by applying the evaluation criteria of the Development Assistance Committee of the Organization for Economic Cooperation and Development in the evaluation of the inclusive business program being implemented in Nepal since 2019. As a result of the study, the adequacy of Nepal's inclusive business program was consistent with continuous employment and job creation for vulnerable groups such as disabled and orphan women. Efficiency can be said to be efficient in that processes such as work order and work confirmation are made with an electronic management tool, and delivery of the result is transmitted online, saving time and cost compared to other industries. The effectiveness of this project can be said to be an effective program in that it provides high-quality jobs such as providing specialized computer graphics education for the vulnerable, such as disabled and orphan women in Nepal, and hiring graduates as employees. Sustainability is the point that KOICA's inclusive business program has enabled vulnerable groups in the existing fields of agriculture and manufacturing to engage in the computer graphics industry, and the scalability of movies, characters, education businesses, and role models in other countries.However, considering that the scale of public development assistance will continue to increase in the future, it is necessary to establish a systematic monitoring system and a recirculation system so that the project between the donor and recipient countries can continue.

Case Study of Regional Cultural Contents Development Using Peacock Fan Intangible Cultural Asset (충남 무형문화재 공작부채를 활용한 지역문화 콘텐츠 개발 사례 연구)

  • Kim, Dae-Gi;Son, Ji-Yeong;Baek, U-Young
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.5
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    • pp.87-102
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    • 2020
  • The purpose of this study was to develop regional dance contents in order to receive attention from the region and re-illuminate the peacock fan, the intangible cultural property of Seocheon, Chungnam, which has been preserved in history and has been preserved in the face of rapid urbanization and modernization. The representative four series are composed of one-person dance, two-person dance, military dance, and creative dance. The titles of each piece are basic dance , male and female love dance , military dance , and finally Korean creative dance . The commonality of the four series is the traditional dance using peacock fan, and each dance showed unique emotion and atmosphere through different themes and music, costumes, and stages. It was found that the development of regional dance contents re-created reflecting the characteristics of regional cultural heritage should create an environment that can be steadily revitalized through modernization. Through this study, it was found that the intangible cultural properties, which are our traditional cultural resources, have unlimited potential to contribute to enhancing regional and national competitiveness along with the growth potential of regional differentiation. Through such research, if existing cultural resources are preserved for globalization and produced as contents that can be easily accessed by the public, various contents besides regional dance using regional unique culture can be developed and utilized.

Scientific Awareness appearing in Korean Tokusatsu Series - With a focus on Vectorman: Warriors of the Earth (한국 특촬물 시리즈에 나타난 과학적 인식 - <지구용사 벡터맨>을 중심으로)

  • Bak, So-young
    • (The) Research of the performance art and culture
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    • no.43
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    • pp.293-322
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    • 2021
  • The present study examined the scientific awareness appearing in Korean tokusatsu series by focusing on Vectorman: Warriors of the Earth. As a work representing Korean tokusatsu series, Vectorman: Warriors of the Earth achieved the greatest success among tokusatsu series. This work was released thanks to the continued popularity of Japanese tokusatsu since the mid-1980s and the trend of robot animations. Due to the chronic problems regarding Korean children's programs-the oversupply of imported programs and repeated reruns-the need for domestically produced children's programs has continued to come to the fore. However, as the popularity of Korean animation waned beginning in the mid-1990s, inevitably the burden fr producing animation increased. As a result, Vectorman: Warriors of the Earth was produced as a tokusatsu rather than an animation, and because this was a time when an environment for using special effects technology was being fostered in broadcasting stations, computer visual effects were actively used for the series. The response to the new domestically produced tokusatsu series Vectorman: Warriors of the Earth was explosive. The Vectorman series explained the abilities of cosmic beings by using specific scientific terms such as DNA synthesis, brain cell transformation, and special psychological control device instead of ambiguous words like the scientific technology of space. Although the series is unable to describe in detail about the process and cause, the way it defines technology using concrete terms rather than science fiction shows how scientific imagination is manifesting in specific forms in Korean society. Furthermore, the equal relationship between Vectorman and the aliens shows how the science of space, explained with the scientific terms of earth, is an expression of confidence regarding the advancement of Korean scientific technology which represents earth. However, the female characters fail to gain entry into the domain of science and are portrayed as unscientific beings, revealing limitations in terms of scientific awareness.