• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.25-43
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• 2019

This study analyzed the problem of the time difference of medicine price cut in Korea according to the administrative and judicial process and sought to present the amendment in the related law to achieve substantial fairness. We considered unfairness of medicine price cut caused by the administrative and judicial process in three situations, the approval-patent linkage system, realistic differences in the practice of administration and suspension of price cut execution. Based on it, we reasoned out the solution to get substantial fairness in the administrative and judicial process of medicine price cut in Korea. Although each step of the administrative and judicial process is lawful and reasonable, the time difference of medicine price cut according to the administrative and judicial process can result in damages or windfall to both of pharmaceutical company and National Health Insurance Service. In the present legal system of Korea, it is unable to be correct. Thus, we present the amendment to correct the damages and windfall when it happens.

• International Commerce and Information Review
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• v.1 no.2
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• pp.183-204
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• 1999

현재 세계적으로 전자적 정보매체중 인터넷의 여러 기술적 방편인 Web, E-Mail, usenet 등을 통한 인터넷 무역이 보편화되어가고 있는 실정이다. 기존의 부가가치통신망(VAN)을 이용한 EDI에서 보다 보편적이며 접근이 용이하면서 개방적인 인터넷 EDI로 대체되고 있다. 인터넷을 이용한 무역계약의 체결은 기존 방식에 비해 신속성, 경제성, 편리성에 있어 뛰어난 장점을 지니고 있어 조만간 많은 이용이 뒤따를 것으로 예견되나 현재 준거법, 문서의 법적효력, 계약의 유효성, 청약의 유인, 계약성립시점 둥의 법적 문제가 해결되어야 할 것으로 여겨진다. 특히 계약성립시점에 관하여 인터넷을 통한 승낙의 의사전달이 대화자간인지, 격지자간인지의 여부가 불투명한 실정이다. 대화자간 법리와 격지자간법리의 구분기준은 발신과 도달의 시간적 동시성을 기준으로 분석하는 것이 보다 합리적일 것으로 여겨진다. 본 연구는 현재 인터넷을 이용한 의사전달 중 가장 많은 이용이 예상되는 E-Mail을 중심으로 기타 인터넷기술을 이용한 의사전달의 효력발생시점에 관한 법리를 분석하고 만일 대화자간의 법리가 적용된다면 문제시될 도달시점에 대해서 논의하는데 그 목적이 있다. 결론적으로 본 연구를 통해 살펴보았을 때, 인터넷을 통한 승낙의 의사전달은 대화자간의 법리가 적용되어 영 미법이나 한국, 일본법이 준거법으로 채택된다 하더라도 도달 주의가 지지되어야 하며, 이 경우 도달시점은 E-Mail의 경우 수신측 사용자 컴퓨터가 아닌 수신자가 지정한 수신서버컴퓨터에 기록되는 시점이 되어야 한다는 견해이다.

• Journal of Internet Computing and Services
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• v.11 no.4
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• pp.129-141
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• 2010

In digital computing environment, for the mal functions in appliances and system errors, the unaccepted intrusion should be occurred. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That’s why we have to prove the evidence’s integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

• The Korean Journal of Archival Studies
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• no.16
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• pp.97-146
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• 2007

Those days when people used paper to make up and manage all kinds of documents in the process of their jobs are gone now. Today electronic types of documents have replaced paper. Unlike paper documents, electronic ones contribute to the maximum job efficiency with their convenience in production and storage. But they too have some disadvantages; it's difficult to distinguish originals and copies like paper documents; it's not easy to examine if there is a change or damage to the documents; they are also prone to alteration and damage by the external influences in the electronic environment; and electronic documents require enormous amounts of workforce and costs for immediate measures to be taken according to the changes to the S/W and H/W environment. Despite all those weaknesses, however, electronic documents increasingly account for more percentage in the current job environment thanks to their job convenience and efficiency of production costs. Both the government and private sector have made efforts to come up with plans to maximize their advantages and minimize their risks at the same time. One of the methods is the Authorized Retention Center which is described in the study. There are a couple of prerequisites for its smooth operation; they should guarantee the legal validity of electronic documents in the administrative aspects and first secure the reliability and authenticity of electronic documents in the technological aspects. Responding to those needs, the Ministry of Commerce, Industry and Energy and the Korea Institute for Electronic Commerce, which were the two main bodies to drive the Authorized Retention Center project, revised the Electronic Commerce Act and supplemented the provisions to guarantee the legal validity of electronic documents in 2005 and conducted researches on the ways to preserve electronic documents for a long term and secure their reliability, which had been demanded by the users of the center, in 2006. In an attempt to fulfill those goals of the Authorized Retention Center, this study researched technical standard for electronic record information package of the center and applied the ISO 14721 information package model that's the standard for the long-term preservation of digital data. It also suggested a process to produce and manage information package so that there would be the SIP, AIP and DIP metadata features for the production, preservation, and utilization by users points of electronic documents and they could be implemented according to the center's policies. Based on the previous study, the study introduced the flow charts among the production and progress process, application methods and packages of technical standard for electronic record information package at the center and suggested some issues that should be consistently researched in the field of records management based on the results.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.