• Journal of English Language & Literature
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• v.55 no.2
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• pp.293-314
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• 2009

Leslie Marmon Silko's Storyteller does not belong to a typical category of books, for it looks more like a family album with photographs, poems and Pueblo narratives as well as short stories authored by her. This 'book' without any chapters defies a traditional concept of books we are familiar with. In addition to refusing to be labelled as a conventional book, I argue, Storyteller defies the tradition of Western personal writing in that it shows the collective power of stories. That is, stories have the collective power which is impersonal beyond personal, internalized identity. It does not mean, however, the collective power comes from groups rather than individuals. It is not the conventional opposition of group and individual but that of group and collectiveness that matters here. I draw a distinction between group and collectiveness on the ground that the former actually groups individuals into categories with which individuals identify themselves. It is not group but collectiveness where stories find their power. "Storyteller," the first of eight short stories in the book, tells the story of an unnamed protagonist, a Yupik Eskimo girl, who takes revenge of her parents who died after drinking poisoned alcohol sold by a white storeman. There are four layers of stories in this short story. The first one is the old man's story of a blue glacier bear; the second one is a revenge story of the Yupik girl; the third one is a story told by the girl to the attorney after being arrested for the death of a storeman. And the final one is the story told to us by Silko, entitled "Storyteller." Although the structure of story within story resembles a technique of metafiction at a glance, it surely is a characteristic of Pueblo narratives in general, according to Silko. This kind of stories within stories refers to the collective power of story which, like a spider's web with many little threads radiating from the center and crisscrossing one another, is also a characteristic of stories on the Web today.

• The Journal of the Convergence on Culture Technology
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• v.9 no.5
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• pp.625-633
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• 2023

The global pet culture-related industry is currently experiencing a trend of expansion. Within the pet industry, pet food holds a significant share, occupying a substantial portion. Presently, the domestic pet food market exhibits a high dependency on imported products, underscoring the critical importance of prioritizing the acquisition of intellectual property rights to ensure competitiveness and facilitate technological development within the relevant industry. we have undertaken an assessment of the current status and prospects of domestic pet food patents. Specifically, we have conducted temporal and applicant-specific statistical analyses, as well as IPC technology analyses, to examine the stages of technological advancement, corporate technological development and innovation capabilities, patent application distribution, and the technological landscape of key enterprises and research institutions. The research findings indicate that domestic research activities related to pet food have entered a mature phase, and the trends in patent applications for domestic pet food indicate a notable participation of multinational corporations alongside domestic enterprises.

• Journal of Hospice and Palliative Care
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• v.12 no.1
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• pp.20-26
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• 2009

Purpose: We undertook this study to find out the recognitions of terminal cancer patients and doctors about advance directives (ADs), of how they would do in non-response medical conditions and whether ADs could be one of medical options for their dying with dignity. Methods: One hundred thirty four cancer patients in the Hospice Unit, St. Vincent's Hospital, and 97 medical doctors in the Department of Internal Medicine, Catholic Medical Center, were asked about ADs, including Do-Not-Resuscitate (DNR), medical power of attorney, living will and medical options. Results: One hundred thirty patients (97%) and 38 doctors (39.2%) were unfamiliar with ADs, however, 128 patients (95.5%), 95 doctors (97.9%) agreed with it. Seventy nine patients (59.0%) and 96 doctors (99.0%) wanted DNR rather then intensive treatments if they were in non-response medical conditions. Eighty four patients (62.7%) and 75 doctors (77.3%) were agreeable to medical power of attorney. One hundred Thirty four patients (100.0%) and 94 doctors (96.9%) did not want medical options to be in terminal conditions, and hoped to die in peace. Conclusion: Most of patients did not know about ADs and how to make it. However, they showed positive attitudes about it. If we advertise it properly, it is highly likely that a large number of cancer patients would make their living wills easily by ADs. Nevertheless, many legal and ethical problems have to be solved. Doctors should engage their patients in an ongoing communication about the end-of-life. Therefore, let the patients have opportunities to plan their own deaths.

• Journal of the Korean Society of Radiology
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• v.7 no.5
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• pp.305-311
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• 2013

This study involves an experiment using functional magnetic resonance imaging(fMRI) to delineate brain activation for execution functional performance. Participates to this experiment of the normal adult (man 4, woman 6) of 10 people, is not inserts the metal all closed phobia and 24.5 year-old average ages which the operating surgeon experience which are not they were. The subject for a functional MRI experiment word -color test prosecuting attorney subject rightly at magnetic pole presentation time of 30 first editions and after presenting, uses SPM 99 programs and the image realignment, after executing a standardization (nomalization), a difference which the signal burglar considers the timely order as lattice does, pixel each image will count there probably is, in order to examine rest and active crossroad dividing independence sample t-test (p<.05). Overlapped in this standard anatomic image and got a brain activation image from level of significance 95%. With functional MRI resultant execution function inside being relation, the prefrontal lobe, anterior cingulate gyrus, parietal lobe, orbitofrontal gyrus, temporal lobe, parietal lobe was activated. The execution function promotes a recovery major role from occupational therapy, understanding about the damage mechanism is important. When confirms the brain active area which accomplishes an execution function brain plasticity develops the cognitive therapeutic method which is effective increases usefully very, will be used.

• Journal of Technology Innovation
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• v.25 no.4
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• pp.165-187
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• 2017

This study analyzed the effects of TLO's organization size, expertise, and economic compensation on technology transfer performance using the panel data of Government-Funded Research Institutes in 2013-2016. First, the size of TLO personnel and budget have a positive effect on the technology transfer performance. However, in the case of TLO manpower, the statistical significance of the effect on the number of technology transfers was only 90%, and it did not affect royalty. Second, TLO expertise has a strong impact on technology transfer performance. It shows that the number of professional license holders, such as patent attorney or a technology valuer, has a statistically significant effect on the increase of the technology transfer number and the royalty under the 99% confidence level. However, unlike expected, the size of the Ph.D. did not seem to have any effect on technology transfer performance. Finally, the economic compensation for TLO does not affect both the number of technology transfers and the royalty. It does not seem to work as an appropriate incentive system, because the absolute size of the compensation is too small. The results of the above analysis suggest that it is important to secure expertise in order for the TLO organization to play a substantial role, and it is necessary to improve the economic compensation system to attract TLOs to technology transfer.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.195-218
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• 2017

The increase in medical expenses for convalescent hospitals is increasing abnormally, which puts enormous burden on the National health insurance finances. This is a phenomenon that has been associated with the social phenomenon of rapid aging. The fact that the convalescent hospitals are paid the fixed amount per day for hospitalization became the incentive for some hospitals to use the patients as means of making money. And these hospitals intend to get regular care or take medicines at other hospitals in order to reduce medical expenses, even when the medical fee is paid. In order to prevent such financial leaks, the Health Insurance Review and Assessment Service adjusted the patient group for inpatients in a hospital with the above behavior, and then cut the cost of medical care benefits. However, Above decision was canceled by the court on the grounds that there was no basis rule. However, based on the above case, I think that it can be an opportunity to draw up the problem and to improve of the Medical Fee System of hospital. The modified medical fee system can strengthen the medical function of the convalescent hospital. In addition, it seems reasonable to exclude admission for "physically disabled group". Even if admission is allowed for the physically disabled group due to social needs, it should be excluded from the National health insurance for the fianacial soundness and the sustainability of the system.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.93-118
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• 2012

본 연구는 지적재산분쟁의 중재에 대한 미국 케이스에 관한 연구입니다. 본 연구의 목적은 한국의 지적재산분쟁의 중재에 대한 추후 연구와 가까운 장래에 비교연구를 위해서 지적재산에 관련된 케이스들에 관하여 미국의 연구들을 논하는데 있습니다. 본 연구에서 지적재산 관련 사건들의 중재에 관한 미국케이스들을 채택하였습니다. 그리고 본 연구의 목적 달성과 효과적인 연구를 성취하기 위해 그 케이스들을 인용하였습니다. 그러므로, 본 연구의 구성은 특히, 라이센싱분쟁의 중재, 특허분쟁의 중재, 저작권분쟁의 중재를 위하여 지적재산분야와 중재 분야에 있는 케이스로 이루어져 있습니다. 중재조항은 분쟁에 관해 누가 결정할 것인가 그리고 분쟁이 중재 가능한가 아닌가에 관하여 법원에서 중재적격 문제들을 분석할때에 계약 원칙을 적용하게 됩니다. 일반적으로, 중재적격의 의문은 사법적 분야의 질문에 관한 것 입니다. 그러나, 중재조항이 분명하고, 명백하고, 오해없는 문구들인 곳에서 법원은 연방 중재법이 중재조항과 중재범위를 포함하고 있기 때문에 중재를 존중합니다. 그러므로, 저런 경우에 중재인은 중재적격을 판단 할 수 있습니다. 그러나, 미국에서 법원은 어떤 케이스들은 ICC 룰로 구속되어지고 그리고 다른 케이스들은 AAA 룰로 구속 되어지는 것을 발견했습니다. 어떤 룰이던지 간에 중재조항은 주의깊게 만들어야만 하고 그리고 분명하고 명백한 구문을 제공하여야만 한다는 것을 법원에 의해 요구되어지고 있습니다. 본 연구에서 발견한 점들은, 라이센싱분쟁의 중재에 있어서, 중재합의의 범위가 광범위 또는 제한적일지라도 양 당사자의 중재조항을 위해 계약에서 분명하고 명확한 문구를 만드는 것이 중요합니다. 이것은 우리에게 계약의 원칙이 분쟁에서 적용 되어지고 있다는 것을 보여 주고 있습니다. 그래서, 중재조항의 조문은 법원이나 중재인에게 논쟁 또는 오역이 없게 확실하고 분명하게 명시하여야 합니다. 특허분쟁의 중재에 있어서, 대부분 법원들은 케이스들을 분석할때에 광범위한 중재조항에 따라오고 있습니다. 중재적격 결정의 테스트로서 계약에서 "arising under" or "relating to" 구절은 ADR을 위해 그리고 분쟁의 예방을 위해 중재가 광범위한 문구를 포함하고 있는가 아닌가를 보는데 중요합니다. 더구나, 특허 또는 특허관련 권리들 하에서, 중재는 연방중재법에 의해 지배되기 때문에 계약은 특허 유효성 또는 침해 문제들이 중재를 통한 분쟁을 해결하도록 하나의 문구를 포함해도 됩니다. 그러므로, 이 분석은 미국의 케이스들을 비교한 결과로서, 한국중재법도 또한 모든 필요한 조문들이 그것들이 광범위하건 제한된 범위이건 간에 모호한 이슈들을 피하기 위해 분명하고 오해없는 문구들이여야 한다는 것을 제시합니다. 지적재산분쟁의 중재에 있어서, 케이스에 근거하여 발견한 점들은 저작권법을 포함한 광범위한 중재조항이 있는 경우 저작권의 유효성은 법원이 독점할 수 없다고 법원은 판단했습니다. 그리고 연방중재법은 법원이 청구취지가 중재가능한 클레임들에(arbitrable claims) 관하여 중재를 강요하도록 지원하고 있습니다. 이것은 저작권 케이스일지라도 계약에 있어서 중재조항이 법원이 중재를 강요하도록 중재가능한가 아닌가 결정하는데 분쟁에 있어 중요한 역학을 한다는 것을 제시합니다. 그러므로, 본 연구는 계약에서 광범위한 중재조항은 중재인이 지적재산 클레임에 대해 판정 또는 룰을 결정하게 허용한다는 것을 발견했습니다. 본 연구의 결과들은 계약에 있어 중재의 범위는 계약의 원칙을 적용한다는 것입니다. 그리고 중재조항에 있어서 침해와 유효성 문제들의 결정은 계약 해석에 관련되어 있다는 것을 제시합니다. 그러므로, 양 당사자가 분명하고 명확하게 달리 결정하지 않았다면, 양 당사자가 중재에 대해 동의했는가 아닌가의 의문점은 법원에 의해 결정되어지는 것입니다. 이것은 분명하고 명확한 문구가 중재조항에 존재하지 않는다면 중재인에 의해 결정되지 않는다는 것을 뜻합니다. 중재조항은 명백하게 중재인에게 결정의 권한을 주어야만 한다는 것입니다.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.93-119
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• 2009

Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.