• Korean journal of communication and information
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• v.81
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• pp.329-362
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• 2017

This study starts from the awareness that 'rebellious communication' is still being regulated in various ways even though 'rebellious communication' was declared unconstitutional in a decision by the Constitutional Court in 2002. The meaning of 'rebellious' has been amplified and transformed at various points through the censorship systems established during the Japanese colonial era, the US military period, and the regime of Park Jung-hee. In particular, 'rebellious communication' is regulated to protect 'national security' and 'social customs' from the perspective of power. This study analyzed discourses containing judgement about the Park Jung-geun case and the violation of the National Security Law using retweet accounts or posts related to North Korea. This study explores the genealogy of 'rebellious communication' based on its relationship to the characteristics of Twitter and specific individuals.

• Journal of Technology Innovation
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• v.21 no.2
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• pp.319-354
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• 2013

As creative economy gets attention, the capabilities of transforming creative ideas into intellectual property and utilizing it commercially have become important than ever before. Korea is lack of the capabilities of utilizing intellectual property compared to those of accumulating it. This paper focuses on the strategic implication of an injunctive relief, which has a far-reaching impact on firms' business strategies as well as national industrial competitiveness because losers in lawsuits are expelled from markets. It analyzes the Samsung-Apple global IP lawsuits about smartphones and tablet PCs, which have expanded into 9 countries since 2011 when the Apple filed the IP lawsuit against Samsung in the US for the first time. In particular, this paper analyzes the requirements to get the permanent injunctive relief in the lawsuits of intellectual property from reviewing the ruling in the court of the US in 2012 and draws some implications from the perspective of business/industrial strategies. This paper has some limitations in that the lawsuit are still ongoing and it is the first attempt to find out the clue that connects legal and strategic issues in the rulings. Regardless of the limitations, however, this paper expects to contribute to raising the issues as to the importance of harmonizing the capabilities of managing technology with law, in order to survive under the era of creative economy.

• The Journal of the Korea Contents Association
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• v.16 no.1
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• pp.370-381
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• 2016

This study was designed to examine the Trends and Characteristics of Infringement of right to likeness by the Press in Korea. We did an analysis of 81 cases of the court's rulings related to Infringement of right to likeness by the Press from 1990 to 2014. As a result, it shows that the first court's ruling of portrait rights violations by the press was made in 1990. The results showed that there were the increasing number of disputing cases over Infringement of right to likeness against Broadcasting media in the 2000s compared to monthly magazines in the 1990s, which were regarded as gonzo journalism. Since the 2000s, 71% of lawsuits regarding Infringement of right to likeness has been against the Broadcasting Media due to increasing the influence of the broadcasting and possibility of Infringement of right to likeness by visual images. Especially, the number of lawsuits on infringement of rights to likeness has increased rapidly by the Broadcasting Media. Only 23 cases(28.4%) of total 81 cases were decided in favor of the press. the press shows the low success in disputing the rights of likeness. this study shows the korean courts put more weight on the right to likeness and the breaking a balance between freedom of the press and right of person's character. However, 52.9% of the cases was decided in favor of The press against the plaintiff of public figures compared to 22% against the public. It can be difficult for public figures to win lawsuit against the press causing the Infringement of right to likeness. Judging from this fact, it seemed that the court recognized media watchdog for public figures.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• Korean Security Journal
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• no.43
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• pp.205-230
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• 2015

This study aims to compare the differences of crucial factors that are associated with probation warning tickets between sex offenders and non-sex offenders in South Korea. Serious high-profile cases have occurred in recent years which resulted in public and political conners for successful sex offender management and monitoring strategy through community corrections. The official response has been to initiate a series of legislative probation and parole measures by using GPS electronic monitoring system, chemical castration, and sex offender registry and notification. In this context, the current study is designed to explore the major factors that could affect the failure of probation by comparing the differences between sex offenders and non-sex offenders in terms of their major factors which are related to the failure of probation. The failure of probation is measured by the number of warning tickets which would be issued when there is the violation of probation conditions. The data is obtained from Seoul Probation office from January, 29, 2014 to February, 28, 2014. The sample number of sex offenders is 144 and the number of non-sex offenders is 1,460. The data includes the information regarding the offenders who completed their probation order after they were assigned to Seoul Probation in 2013. Furthermore, this study uses the chi-square and logistic regression analysis by using SPSS statistical package program. The result demonstrated that only prior criminal history was statistically significant factor that was related to the number of warning tickets in the sex offender group when other variables were controlled($X^2=25.15$, p<0.05, Nagelkerke $R^2=0.23$)(b=0.19, SE=0.08, p<0.05). By contrast, there were various factors that were associated with the number of warning tickets in non-sex offender group. Specifically, the logistic regression analysis for the non-sex offenders showed that demographic variable(marital status and employment type), offender-victim relationships, alcohol addiction, violent behavior, prior criminal history, community service order, and attendance order were statistically significant factors that were associated with the odds of warning tickets. Further policy implication will be discussed.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.