• Title/Summary/Keyword: Abuse of right

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Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

A Study on the Importance Factors for Improvement Way of Liens System (유치권제도의 개선방안을 위한 중요도 요인에 관한 연구)

  • Park, Kyoungchol;Chung, Jaeho
    • Land and Housing Review
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    • v.11 no.4
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    • pp.51-65
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    • 2020
  • The purpose of this study was to identify the problems related to the amendment and preservation of the lien system and to suggest a feasible and efficient improvement plan. The Analytic Hierarchy Process (AHP) and descriptive statistical analyses were used in this study. The survey subjects were divided into three groups based on their expertise: "Administrative Experts, Practical Experts, and Financial Institution Experts" and compared to find the results. The results show that 1) the procedural aspect was the most important for the large classification, 2) the supplementary disclosure system was the most important for the legislative aspect, and 3) the supplementation of the abuse of the lien report was the most important for the intermediate classification. Furthermore, the study showed that the most important finding was the reinforcement of punishment for the right of false reporting and illegal acts, followed by the registration order system (the creditor alone application), and the registration system (bond, debtor, joint application). The implications and suggestions of this study are as followed. With regard to the current lien system, illegal acts such as false liens and the misuse of multiple reporting were considered as the biggest problems. In terms of the effective improvement plan of the lien system, the misuse of reporting liens and improvement in the procedural aspects of reporting rights should be given top priority. Therefore, the most important course of action is to strengthen the punishment for false liens, improve the disclosure system and make it mandatory to report rights.

Analysis on the Factors affecting the Ruling on Construction Project Litigation - Focused on the Union Establishment of the Urban and Housing Redevelopment Project - (건설사업의 소송판결에 영향을 미치는 요인에 관한 연구 - 도시정비사업 조합설립인가 사건을 중심으로 -)

  • Kim, Yohan;Jung, Boseon;Lee, Sangyoub
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.1
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    • pp.40-49
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    • 2020
  • This study analyzed the factors affecting the ruling of litigation on the housing reconstruction and housing redevelopment project based on the cross analysis and logistic regression analysis. According to cross analysis result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no ownership or association member status, double lawsuit, abuse of lawsuit right·litigation trust, existence of claim-preclusion, no standing to sue·no standing to be sued, lapse of litigation period, no legal interest, no own defect of approval. On the other hand, the offensive cause of action group was found to have no significant variable. According to logistic regression result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no standing to sue·no standing to be sued, no ownership or association member status, double lawsuit, no own defect of approval, abuse of lawsuit right·litigation trust, existence of claim-preclusion. Meanwhile, the offensive cause of action group was showed significant in only one variable that was defect in relation with articles of association. Overall, it is noteworthy that the offensive cause group showed very low significant results compared with the defensive process prerequisite group.

Suppression of Cocaine Intake by Acupuncture at HT7

  • Lee, Bong-Hyo;Kim, Sung-Hwan;Lim, Sung-Chul;Kim, Jae-Su;Lee, Yun-Kyu;Lee, Ji-Hye;Jung, Tae-Young;Yang, Chae-Ha;Yoon, Seong-Shoon;Han, Chang-Hyun;Lee, Kyung-Min
    • The Journal of Korean Medicine
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    • v.31 no.3
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    • pp.17-27
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    • 2010
  • Objectives: Cocaine has been well known as a representative drug of abuse for its strong reinforcing effect linked to the mesolimbic reward system including dopamine, and such reinforcement leads to the addiction. Acupuncture has been used widely in eastern Asia for the treatment of various diseases including mental disorders and psychiatric problems, and is gathering more interest as one of the complementary and alternative medicines in western countries. In a previous study, we demonstrated that acupuncture at HT7 could affect dopamine release in the mesolimbic system of rats sensitized to alcohol and morphine. This study was designed to investigate whether acupuncture at HT7 could attenuate cocaine intake or not. Material & Methods: Male Sprague-Dawley rats weighing 270-300 g at the start of experiment were trained to self-administer food pellets under a fixed ratio 1 schedule. After the success of acquisition of 100 pellets within 3 h for 3 consecutive days, animals were subjected to surgery whereby Silastic tubing was implanted into right jugular vein and secured with mesh under the anesthetization using pentobarbital injection (50 mg/kg, i.p.). Following recovery, rats were trained to self-administer cocaine (0.25 mg/kg) in daily 2 h sessions under fixed ratio 1 schedule over 10 days. Each treatment was performed on the next day of each establishment of baseline. Results: Results show that acupuncture at HT7, but not at control points, reduced cocaine intake significantly. Acupuncture at HT7 decreased selectively active lever response from $63.15{\pm}3.35$ to $51.46{\pm}3.99$ corresponding $82.12{\pm}5.31%$ compared to basal level. Also, it was demonstrated that the effect of acupuncture was mainly occurred at the half period. Nevertheless, acupuncture at HT7 did not influence the food taking behavior. Conclusions: From the results of this study, it may be suggested that acupuncture at HT7, at least in part, could contribute to the treatment of cocaine abuse.

Human Embryo Research and Tort Liability (배아연구와 불법행위책임)

  • Seo, Jong-Hee
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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A Criminal Abortion and Protected in the Right to Life (낙태죄와 생명보호)

  • Jung, Hyo-Sung
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.323-361
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    • 2009
  • In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

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Alterations in Functions of Cognitive Emotion Regulation and Related Brain Regions in Maltreatment Victims (아동기 학대 경험이 인지적 정서조절 능력 및 관련 뇌영역 기능에 미치는 영향)

  • Kim, Seungho;Lee, Sang Won;Chang, Yongmin;Lee, Seung Jae
    • Korean Journal of Biological Psychiatry
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    • v.29 no.1
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    • pp.15-21
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    • 2022
  • Objectives Maltreatment experiences can alter brain function related to emotion regulation, such as cognitive reappraisal. While dysregulation of emotion is an important risk factor to mental health problems in maltreated people, studies reported alterations in brain networks related to cognitive reappraisal are still lacking. Methods Twenty-seven healthy subjects were recruited in this study. The maltreatment experiences and positive reappraisal abilities were measured using the Childhood Trauma Questionnaire-Short Form and the Cognitive Emotion Regulation Questionnaire, respectively. Twelve subjects reported one or more moderate maltreatment experiences. Subjects were re-exposed to pictures after the cognitive reappraisal task using the International Affective Picture System during fMRI scan. Results The maltreatment group reported more negative feelings on negative pictures which tried cognitive reappraisal than the no-maltreatment group (p < 0.05). Activities in the right superior marginal gyrus and right middle temporal gyrus were higher in the maltreatment group (uncorrected p < 0.001, cluster size > 20). Conclusions We found that paradoxical activities in semantic networks were shown in the victims of maltreatment. Further study might be needed to clarify these aberrant functions in semantic networks related to maltreatment experiences.

A Study on Privacy Protection in Financial Mydata Policy through Comparison of the EU's PSD2 (유럽 PSD2 시행에 따른 금융분야 마이데이터 정책의 개인정보보호 강화 방안 연구)

  • Song, Mi-Jung;Kim, In-Seok
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.5
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    • pp.1205-1219
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    • 2019
  • As the ability to use data becomes competitive power in the data-driven economy, the effort to create economic value by using personal data is emphasized as much as to protect personal data. EU's PSD2(the second Payment Service directive) became the initiative of the Open Banking trends all over the world, as it is the Mydata policy which protects the data subject's right by empowering the subject to control over the personal data with the right to data portability and promotes personal data usages and transfer. Korean government is now fast adopting EU's PSD2 in financial sector, but there is growing concerns in personal data abuse and misuse, and data breach. This study analyzes domestic financial Mydata policy in comparison with EU's PSD2 and focus on Personal information life-cycle risks of financial Mydata policy. Some suggestions on how to promote personal information and privacy in domestic financial Mydata Policy will be given.

A Study on the Educational Contents on Child's Human Rights in a Manual of the Nuri Curriculum for 5 Year Old (만 5세 누리과정 교사용 지도서에 수록된 유아인권 관련 교육내용 분석)

  • Cho, Suk Young
    • Korean Journal of Childcare and Education
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    • v.10 no.6
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    • pp.369-390
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    • 2014
  • This study analyzed the educational contents related with child's human rights in a manual of the Nuri Curriculum for 5-year-olds based on the type and area of activity, 5 areas, and by life theme. The research results are as follows: First, the educational contents on child's human rights in activity type and area showed high frequency in the order of large and small group activity, child selected play activity, and outdoor activity, and among them, right to an education and right to play showed the highest frequency. Second, among the five categories, the area that conducts educational contents on child's human rights was the social relation category, and the area that showed the highest participation was the educational contents on human rights. On the other hand, the areas that were treated the least were physical activity and health. Third, the topic that treated the educational contents related with child's human rights was 'spring, summer, fall, winter,' and 'my family and I' treated educational contents on child's human rights in the lowest frequency. Also, whereas the right to education and right to play showed the highest frequency of educational contents on child's human rights among entire life themes, the educational contents on child's human rights of abuse and neglect(violence) were not treated at all in the entire life themes. Through the results of this study, it will be helpful in planning and deploying activities related with the child's human rights harmoniously, and intends to provide important basic data in organizing activities of human rights program linked with the elementary school. Furthermore, this study intended to provide basic information for developing a program of systematic child's human rights education for children in addition to the curriculum at a national level.

A Concept Analysis of the Quality of Life for the Children (아동의 삶의 질에 대한 개념 분석)

  • Chang, Eun-Young;Oh, Jin-A
    • Korean Parent-Child Health Journal
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    • v.11 no.2
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    • pp.127-137
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    • 2008
  • Purpose: The purpose of this study was to attempt an accurate understanding of the quality of life for the children and provide basic materials for application to nursing research, intervention and further theoretical development. Method: Data obtained from such research methods as the lexical and literature review were analysed according to Walker and Avant's(1995) process of concept analysis. Results: As a result of analysis, it was found that the attributes of the concept of the quality of life for the children included value/acceptance, family relationship, safety, good relationship with friends, right of children, school life, parent relationship, leisure, economical stability, not child abuse, and health. There was the coexistence between antecedent element and the outcomes of subjective judgement - health, family, economic strength, education, friends, welfare, social-cultural environment which indicates the coexistence of positive and negative emotions. Conclusion: nursing intervention should be provided for children by concentrating focus on the coordination of internal and external situations in order to prompt them to express their life with positive emotions. Experiential reference was used to suit the purpose of this study based on the use of objective and subjective indicators, and the development of the instrument considering the children were proposed because of the absence of the unified measurement instrument.

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