• Journal of Information Technology Services
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• v.19 no.4
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• pp.109-124
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• 2020

In 2012, Psy's music video 'Gangnam Style' spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as 'baseball ground cheering song' in which a author(songwriters) claimed an infringement of the 'right of integrity' related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the 'right of integrity' is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author's will as a infringement of the 'right of integrity' even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy's 'Gangnam Style' case and the 'baseball ground cheering song' case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on 'popular music'. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.247-286
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• 2001

This study is to analyze e-commerce issues and how to settle arbitration dispute resolution. Considering internet related business spread out worldwide, the dispute is incurred in variety areas. To resolve the dispute of e-commerce, government has been released several laws for protecting legal transaction, information exposure, and internet security, etc. However, internet related technology is changing rapidly and dispute issues are coming out at many different models. Upon that environments, law and rules could not be followed to meet the technology change. That issues are made for this study. In this study, outlook of e-commerce, status of domestic and overseas of internet business, e-commerce and security issues were analyzed, and empirically comparative analysis was driven out and variety dispute cases were studied. Upon that study the resolution methods were suggested and arbitration settlement was proposed prior to legal sue. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• Journal of Fashion Business
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• v.13 no.4
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• pp.37-50
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• 2009

Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.20 no.4
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• pp.1-12
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• 2021

Emergence of the COVID 19 pandemic has resulted in a sharp increase in the number of two-wheeler vehicular traffic accidents, prompting the introduction of numerous efforts for their prevention. This study applied XGBoost to determine the factors that affect severity of two-wheeled vehicular traffic accidents, by examining data collected over the past 10 years and analyzing the influence of each factor. Among the total factors assessed, variables affecting the severity of traffic accidents were overwhelmingly high in cases of signal violations, followed by the age group of drivers (60s or older), factors pertaining only to the car, and cases of centerline infringement. Based on the research results, a reasonable legal reform plan was proposed to prevent serious traffic accidents and strengthen safety management of two-wheeled vehicles. Based on the research results, we propose a reasonable legal reform plan to prevent serious traffic accidents and strengthen safety management of two-wheeled vehicles.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.28 no.1D
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• pp.137-145
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• 2008

The CBDs of major cities in Korea have been deteriorating because of the hollowing-out phenomenon caused by decades-long urban sprawl. The weakening of CBD triggered various efforts to revitalize the area; and several cities have launched regeneration policies in recent years. The purpose of this study is to investigate key factors to revitalize CBD area with reference to various experiences of foreign and domestic countries. This study consists of follows. At first, it analyzes theoretic backgrounds of urban regeneration such as new urbanism; and implements case studies of England, USA, and Japan with respect to their relevant laws and policies. Second, it investigates domestic cases of so-called Newtown projects being implemented in Seoul and Dajeon. We focused on the analysis of strategies and characteristics of housing redevelopment as well as regional center revitalization projects happening in these cites. Lastly, we proposed future directions of urban regeneration in Korea based upon the comparative studies of various cases discussed in this study. The study concludes that diverse efforts in terms of project implementation, planning, and money raise are required for successful urban regeneration in Korea.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.142-148
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• 2011

Recently, much attention has been increasingly paid to the efficiency of the delivery system in order to manage construction project in a smooth and effective way. The integrated plan in consideration of the life cycle of building is required for the effective and integrated management of information in a huge amount. To this end, collaboration between each field is indispensable from the beginning of project. But there is a limitation that the designer and the constructor sign the contract separately in the conventional delivery system. In the US, the recent trend is that the Integrated Project Delivery (IPD) has been introduced to improve the effectiveness of project management in an increasing number of the cases where project is implemented by utilizing the IPD. In Korea, there is also an increasing need to introduce the IPD for the integrated project management. Consequently, the purpose of this study is to examine and analyze the laws and the contracts that are applied to domestic cases of placing order and signing contract based on the concept and principle of the IPD before the actual introduction of the IPD. Based on such examination and analysis, this study intends to figure out the constraints to the introduction of the IPD. It is expected that the results of this study will be used as basic data for IPD-related study in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• Journal of the Society of Disaster Information
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• v.20 no.2
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• pp.379-389
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• 2024

Purpose and Method: Crowed Events can lead to sudden accidents caused by unpredictable variables. Therefore, focusing on the '10.29 Itaewon accident' among the representative cases, we examined the accident as the process of occurrence. In addition, improvement measures were suggested through analysis of related legal systems. Result: In the Itaewon accident, a "colony wave phenomenon" occurred due to "ultra-high-density cluster stay". In addition, cluster destruction occurred from a weak location in the cluster due to clusters and pressures in different directions to avoid this. Looking at the laws related to the safety management of Crowed Events, the laws and regulations differ depending on the location and type. Due to the complementary nature of the approach to the legal blind spot, the legal system that uses similar terms of the same concept and is not systematic is causing uncertainty in the application and interpretation of the law. Conclusion: Crowd control and on-site management should be carried out for events when the cluster density is expected to reach 8 people/m² or reached. Consistency should be maintained through the unified application of legislation to related legislation.

• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.