• Title/Summary/Keyword: Cultural factors

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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • 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.

A Study of Chinese Translation and Reader Reception of the Modern Korean Novel, Focusing on the Last 5 Years (한국현대소설의 중국어번역현황 및 독자수용양상 고찰 - 최근 5년간을 중심으로)

  • Choi, Eun-Jeong
    • Cross-Cultural Studies
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    • v.43
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    • pp.429-457
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    • 2016
  • This article is an analysis of the status of the modern Korean novels translated into Chinese over the past five years and how they are perceived by readers. Translation of modern Korean novels over the past five years has a few important characteristics as the following. The first characteristic is diversity. Books written by the most representative modern Korean writers, like Lee Gwang-soo, Kim Yu-jung, Kim Dong-ri, and books of the authors with very unique ideas, such as Park Kyung-ri, Lee Mun-yeol, Shin Kyung-suk, Gong Ji-young, Kim Young-ha, Park Min-kyu, Cheon Myung-gwan, and Kim Ae-ran have been translated and introduced to the Chinese population. Secondly, there are active translation of the books written by female writers. Lastly, without the support of the Literature Translation Institute of Korea or the Daesan Foundation, the number of works translated and published is slowly increasing. As a result of the increasing number of translations, the quality of translation is improving. However, interest on the part of Chinese readers in the modern Korean novel is not very high. But, the works of authors like Kim Young-ha, Cheon Myung-gwan, Kim Ae-ran, and Park Min-kyu, who began their literary careers after the mid-90s, are drawing relatively more attention. The common features of such works are the novelty of the narrative methods, attachment to reality, and readability. The interest shown by Chinese readers is significant in explaining the two following factors. First, it is true that many modern Korean novels are available in China, but only those that have been read will continue to be read. Second, the indifference of Chinese readers to modern Korean novels is because they are not yet aware of the existence of such works. It is important to train professional translators who can properly translate literature and also to focus on introducing the differences in modern Korean novels through canonical translation. To achieve this aim, not only supportive policies, but also cooperation between researchers in the field of modern Korean literature, translators, and publishers is essential.

Study on Tragic Characteristic in Lope's Drama La estrella de Sevilla (로뻬의 연극 『세비야의 별』에 나타난 비극성 연구)

  • YOON, Yong-wook
    • Cross-Cultural Studies
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    • v.50
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    • pp.371-394
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    • 2018
  • La estrella de Sevilla, is a representative masterpiece of the Golden Age of Spain, and is a tragic work of Lope de Vega, who was a representative drama writer living in the 17th century. However, regardless of its great literary value, there are insufficient researches on this drama even in Spain, due to several controversies surrounding the truth about Lope's creation. Here, this research concretely investigated the tragic characteristic of this drama, by largely dividing it into the viewpoint of Aristotle and Shakespeare. Thanks to the noble social status of the characters and proper dialogue of the hero Sancho Ortiz in trouble, there seems to be no problem in performing the cathartic function that Aristotle mentioned regarding the work in his review. However, there are a few problems in the aspect of the 'hero's free will to resist the absolute fate,' which is fundamentally the essence of the associated Aristotelian tragedy. Because, there's no Hamartia in this drama, the core mechanism that forms the absolute fate, makes the statement that accordingly, no absolute fate or irresistible force of destiny is established. Rather, the tragic characteristic of this drama can be more properly investigated from the viewpoint of Shakespeare. As noted differently from Aristotle, Shakespeare considered that the tragic characteristic came from the hero's characteristic. According to him, tragedy starts from the hero's value view and personality, instead of the external factors such as an absolute fate. Actually, Busto's death and separation between Sancho Ortiz and Estrella, two tragic affairs of La estrella de Sevilla, were caused by the crooked selfishness of King Sancho IV, who abused his authority, and Sancho Ortiz' excessively blind loyalty to the King, rather than the irresistible event. In conclusion, in light of a lethargic and hopeless situation, with no eventual choice of options before the injustice of absolute power, is must have been a significant tragedy for the audience, witnessing the play's tragic ending.

Perception and Appraisal of Urban Park Users Using Text Mining of Google Maps Review - Cases of Seoul Forest, Boramae Park, Olympic Park - (구글맵리뷰 텍스트마이닝을 활용한 공원 이용자의 인식 및 평가 - 서울숲, 보라매공원, 올림픽공원을 대상으로 -)

  • Lee, Ju-Kyung;Son, Yong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.4
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    • pp.15-29
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    • 2021
  • The study aims to grasp the perception and appraisal of urban park users through text analysis. This study used Google review data provided by Google Maps. Google Maps Review is an online review platform that provides information evaluating locations through social media and provides an understanding of locations from the perspective of general reviewers and regional guides who are registered as members of Google Maps. The study determined if the Google Maps Reviews were useful for extracting meaningful information about the user perceptions and appraisals for parks management plans. The study chose three urban parks in Seoul, South Korea; Seoul Forest, Boramae Park, and Olympic Park. Review data for each of these three parks were collected via web crawling using Python. Through text analysis, the keywords and network structure characteristics for each park were analyzed. The text was analyzed, as were park ratings, and the analysis compared the reviews of residents and foreign tourists. The common keywords found in the review comments for the three parks were "walking", "bicycle", "rest" and "picnic" for activities, "family", "child" and "dogs" for accompanying types, and "playground" and "walking trail" for park facilities. Looking at the characteristics of each park, Seoul Forest shows many outdoor activities based on nature, while the lack of parking spaces and congestion on weekends negatively impacted users. Boramae Park has the appearance of a city park, with various facilities providing numerous activities, but reviewers often cited the park's complexity and the negative aspects in terms of dog walking groups. At Olympic Park, large-scale complex facilities and cultural events were frequently mentioned, emphasizing its entertainment functions. Google Maps Review can function as useful data to identify parks' overall users' experiences and general feelings. Compared to data from other social media sites, Google Maps Review's data provides ratings and understanding factors, including user satisfaction and dissatisfaction.

A Study on the concern and change of form and matter in medical conversation by writing (의학필담 형식과 내용의 상관성 및 변천에대한 연구 - '~ 록(錄)', '~ 의담(醫談)', '~ 필어(筆語)'를 중심으로 -)

  • Kim, Hyung-Tae
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.217-248
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    • 2009
  • 'Pil-dam-chang-su-jib'(collection of conversation by writing about poetry or sentences) which was remained in Japan through the dispatching of Tong-sin mission belong to the Joseon dynasty is a valuable historical records directly to verify sincere relationships with Korea and Japan in the past. At the center of the 'Pil-dam-chang-su-jib', a conversation of senators who was technocrat both countries at that time was not a little contained. Because they need to exchange information and opinions which they had been curious at an appointed hour, the most impending medical problems of that period had to be brought out in the senator's 'Pil-dam-chang-su-jib' and the value of material is high as much. If you examine the 'Pil-dam' records which was exchanged from senators to senators of both countries at that time, you can directly confirm the universality and difference of the medical science and medicine tradition of various East Asian countries. The purpose of a paper was in consolidation to a base of translation and investigation hereafter to consider the characters embodied in medical conversation in the first half of $18^{th}$ centuries. '~ Rok(錄)' can be an opportunity to organize the customs history through the studying an illness, medicines and a remedy. The necessity of the investigation about medical related conversation by writing is in this place. '~ Ui-dam(醫談)' is considering with the all factors above, the first half of 18th century's medical conversation materials are certificated remarkably valuable materials to the cultural history around the physician at that time. '~ Pil-ur(筆語)' is to use of questions and answers form gives presence and reality at the conversation by writing. So, conversation was let the readers to gain the feeling of movement. Also, the contents are substantially reflected the long history of Eastern medical and revealed medical science, treatment reality at that time. Not correspondent with normal collection of conversation by writing, the medical conversation by writing shows a special quality at rich material to confirm the technocrat's identity. The first half of $18^{th}$ century medical conversation by writing had been a foundation of the rational description system at the coming medical conversation to change the description system according to the envoy's coming situation.

Modern Enterprise & ESG Management philosophy of Gaeseong Ginseng Merchant (개성 인삼상인의 근대기업화와 ESG 경영이념)

  • Ock, Soon Jong
    • Journal of Ginseng Culture
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    • v.3
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    • pp.90-118
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    • 2021
  • Gaeseong fostered the conditions necessary for modern capitalism, as huge capital was accumulated through the cultivation and trade of ginseng, which were activities that flourished in the 18th century. During the Japanese colonial era, ginseng merchants were not simply limited to acquiring landowner capital from ginseng trade but actively converted such resource to productive and financial capital, thereby becoming modern entrepreneurs. Ginseng merchants led the joint management and investment of Gaeseong Electric Co., Ltd., Daehan Cheonil Bank, Gaeseong Brewing Co., Ltd., and Songgo Textile Company, founded in the early 20th century. They pursued corporate profits and, as leading individuals of society, spearheaded regional development by supporting educational and cultural projects in Gaeseong. These projects included the establishment of the Gaeseong Commercial School, the publication of Goryeo Times, and the operation of the Gaeseong Jwa Theater. Although liberal economics prioritized shareholder interest, the 21st century witnessed an emphasis on social responsibility among stakeholders asthe major purpose of enterprises. A trend that emerged was ESG (environment, social, governance) management, in which non-financial factors are valued more highly than financial performance. A successful business, which was denoted only by high profits in the past, is now defined by whether a company fulfills its social responsibility. In the early 20th century, the corporate activities of ginseng merchants in Gaeseong reflected entrepreneurship and stakeholder-centered ESG management, which later emerged as essential elements of modern business management. The modern management philosophy ahead of its times stemmed from the regionality of Gaeseong. The political discrimination against Gaeseong residents in the Joseon Dynasty precluded them from becoming government officers, and under a strict social hierarchy, yangban ("noblemen"), the intellectuals of the Joseon Dynasty, were forced to serve as merchants. Son Bong-sang and Kong Seong-hak, aside from being representative ginseng merchants, were both Confucian scholars and writers. The second and third generations of ginseng merchant families who had received higher education abroad returned to Gaeseong to carry on with their family businesses, then established modern companies with capital accrued from the ginseng industry. An analysis of the commercial activities of ginseng merchants in the early 20th century confirmed that these individuals were pioneering entrepreneurs who adopted the ESG management philosophy. In ginseng merchants, one sees a dimension of capitalism with a human face, as with ginseng thatsaves human life.

Applying the Theory of Affordance to the Design of Water Purification Facilities : Focusing on the Case of Binh Dinh in Vietnam (정수시설 설계에 대한 어포던스 이론 적용 연구: 베트남 빈딘 사례를 중심으로)

  • Park, Hye-Rin;Hwang, Yeo-Kyeong;Kim, Seul-Gi;Lee, Jun-Min;Hwang, Jun-Seok
    • Journal of Appropriate Technology
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    • v.6 no.1
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    • pp.28-36
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    • 2020
  • Sustainable appropriate technology requires user-centered design with consideration of the political, cultural and environmental aspects of the area. However, in the preparation of appropriate technology, there is a limit to the prior grasp of the user's intention and experience leading to the actual behavior of the user after the dissemination. As a result, appropriate technologies are often inconvenient for practical use or used for other purposes, contrary to the designer's intention. This study analyzes the case of appropriate technology with an analysis framework that reflects Maier's affordance theory, and proposes a design solution that can overcome the limitations of existing design. Affordance theory is the theory of factors that cause the user to identify and use features through interpretation based on prior knowledge and experience about things. The analysis cases in this study are the interviews with the designers, management education materials, and manager interviews for water purification systems at three of six schools in Binh Dinh Province, Vietnam, from August 2015 to January 2018. The case was attempted to be improved by periodic installation, maintenance, and inspection, but similar problems continued to occur. First, the facility inspections and manager interviews are compared with manager training materials distributed at the time of installation to find inconsistencies. Next, we analyze the designer's intended affordance and the affordances that actually influenced the management behavior. And then, we propose design solutions based on commonly found problems and affordances. This study suggests that it is necessary to apply the design considering the user's behavior before distributing the appropriate technology, and this study will be precedent in the process of finding the improvement through the analysis framework based on the affordance.

Awareness of the Prevention of Work-Related Diseases among Farmers - Based on Qualitative Research Methods (농업인들의 업무상질환 예방에 대한 인식도 - 질적연구방법을 토대로)

  • Ae-Rim, Seo;Ji-Youn, Kim;Bokyoung, Kim;Gyeong-Ye, Lee;Ki-Soo, Park
    • Journal of agricultural medicine and community health
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    • v.47 no.4
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    • pp.211-219
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    • 2022
  • Objective: This study was conducted to investigate the awareness of work-related disease prevention of farmers. Method: As a research method, a qualitative focus group interview was conducted in 18 participants. Results: Prevention and management services for work-related diseases of farmers mostly are based on research from other fields and so are not highly effective because their content is not relevant to agricultural work. It has been suggested that such program designers be required to have some appropriate related knowledge, and that incentives and a certification system for participation in such education be established. To analyze work-related diseases of farmers, fields of prevention, diagnosis, treatment, and rehabilitation should be created. They demanded the designation of hospitals and the actualization of compensation for farmers' safety insurance. The work-related diseases to address were include musculoskeletal diseases, pesticide poisoning-related diseases (cardiovascular disease, respiratory disease), psychiatric diseases such as depression, and allergic diseases. However, this must have been the result of the harmful factors they felt during agricultural work. And for farmer patients diagnosed with work-related diseases, it was said to strengthen farmer safety insurance. Conclusion: In order to increase the safely and health effects of agricultural work, it is necessary to prevent and manage work-related diseases of farmers. Projects should be developed in consideration of cultural and economic barriers of farmers and the characteristics of the work.

Biological Yielding Potential of Rice in Association with Climatic Factors in Yeongnam Region (영남지역 기상과 수도의 한계생산력 해석)

  • Kim, Soon-Chul;Lee, Soo-Kwan;Chung, Geun-Sik
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.30 no.3
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    • pp.259-270
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    • 1985
  • Meteorological year variations for rice crop from 1973 to 1984 were compared by using air temperature and sunshine hour for nursery period, cooling index for reproductive stage and meteorological yield productivity index for ripening period. The most optimum transplanting date and heading date for crop yield based on real transplanting date-grain yield relationship or heading date-grain yield relationship, meteorological yield productivity index and actual results showed good agreement each other. Around May 26 for transplanting and August 10 for heading were the most optimum date in Indica/Japonica hybrid cultivars while these were about June 8 and August 23 for Japonica cultivars, respectively. On the other hand, theoretical late limiting heading date for safe ripening were August 20 for Indica/Japonica hybrid cultivars and August 30 for Japonica cultivars, respectively, for both methods, cumulative temperature method during ripening with 80% believable frequency and meteorological yield productive index method having 1000(kg/10a) yielding potential. Based on the yield forecast trial, the highest values of photosynthetic efficiency, 2.5%, and crop growth rate, 23g/㎡/day, were recorded during 30 days before rice heading. Considering the photosynthetic efficiency and solar radiation, the potential crop growth rate was more or less 30g/㎡/day and the biological grain yielding potential in a existing cultural practices was approximately 900-1000(kg/10a) in Milyang weather condition. To increase further yielding potential, either photosynthetic efficiency or harvest index or both should be improved by manipulating appropriate canopy architecture, plant spacing, fertilizer, chemical, etc.

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Research on the Circumstance for Agricultural Investment of Cambodia (캄보디아 농업투자 환경에 관한 연구)

  • Lee, Kyu-Seong;Bae, Dong-Jin;Kim, Seong-Nam;Kang, Young-Shin
    • Journal of the Korean Society of International Agriculture
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    • v.23 no.5
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    • pp.475-484
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    • 2011
  • International price of cereal has been dramatically increasing for the past few years. This price hike amplified the importance of food self-sufficiency in numerous countries due to the fact that food security is directly proportional to food self-sufficiency. In this study, we conducted a survey to provide useful information of Cambodia's agricultural environment to possible Korean agricultural investors and as to highlight Cambodia as a strong candidate for the establishment of Korea's foreign base for cereal production. The survey conducted includes information regarding Cambodia's agricultural environment and investment circumstances including the political, economical and other contributing factors affecting agricultural investment in Cambodia. Seventy percent of the Cambodia's total population engage in agriculture and this comprises about 30% of the country's GDP. This statistics reflects the possibility of Cambodia's poverty alleviation which proves that agriculture in Cambodia is the driving force for the improvement of the country's economy. In addition, low labor cost, fertile land, abundant water resources, like the Tonle sap lake and the Mekong river, and unreclaimed lands are the strong points that could attract agricultural investors to Cambodia. Poor infrastructure, irrigation systems, law reforms, including social and cultural differences may be the biggest setbacks for the acceleration of Cambodia's agriculture development. However, the Cambodian government is open and willing to make adjustments for Cambodia to be both foreign and domestic agricultural investor-friendly, expecting that it will boost its country's agricultural development. Making the best out of this opportunity, the coordination of KOICA with Korean agricultural investors in building infrastructures and with the help of the KOPIA program for the transfer of agricultural technology will benefit both countries and will play an important role in Cambodia's agriculture.