• Title/Summary/Keyword: Human rights

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A Study on the Roles and Ideological Development of Welfare Characteristics in Parks (공원복지 역할 및 이념 전개 양상에 관한 연구)

  • Han, So-Young;Cho, Han-Sol;Zoh, Kyung-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.1
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    • pp.69-81
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    • 2015
  • Under the premise that parks have been a performing field of welfare ideology that benefits the citizen from the past, the present study began with a basic question on what substance a park has and how it has worked. Therefore, this study tried to find out the theoretic background that can explain the roles of a park as an instrument for welfare, of which topic is currently being discussed, and examine how the ideology in the debate regarding welfare characteristics of parks are differentiated from those of social welfare. In addition, this study divided the process of development of parks defined by Galen Cranz in an attempt to view how welfare benefits offered by parks have changed in their development and looked into the roles and types of welfare functions that parks provided to the citizens under a certain social situation by period. Furthermore, the characteristics and development of the ideology underlying a welfare park were examined by function and element in its progression. The results of this study are as follows. The functions that parks have performed so far can be classified into three categories. First, they have a remedial function. Parks have given direct services to 'the socially disadvantaged' such as relief, fostering, and rehabilitation. Second, parks have played a preventive function. They aim to reinforce the functions of individual, family, group, and community. Third, they have exerted a developmental function. They function to promote change of society in a way for it to contribute to social development. Looking into the roles and functions of parks from the perspective of their beneficiary class and benefits, the following were discovered. First, the beneficiaries of welfare characteristics in parks have expanded to the general public from the poor class, and the benefits of parks have spread into the public including the underprivileged in a real sense. Second, the significance of welfare characteristics in parks has also changed from literal benefits to caring for basic human rights. Third, the purpose of welfare characteristics in parks has changed from providing minimal conditions to optimal conditions. At its beginning, the ideology of welfare in parks remained ideal, confining itself to their idealistic characteristics; but as time went on, they created several social benefits in response to various social demands, developing into a field where welfare ideology manifests and is realized in an active manner. Furthermore, it was witnessed that the parks and welfare of the present times are standing at the point of contact for participation and universal well-being. The present study reconsidered the meaning and value of parks from perspective of them as a provider of welfare benefits as well as examined how the welfare ideology of parks is connected to practice. By doing so, this study discovered the various roles, values, and ideology that parks should bear in the future. Therefore, this study is expected to be a good example for future research related to the topic.

Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.27-53
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    • 2015
  • Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

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A Systematic Review of Community Elder Abuse Studies in South Korea (한국 지역사회 거주 노인학대 연구의 체계적 고찰)

  • Kim, Dong Ha;Kang, Serin;Lee, Yoon Kyoung;Cha, Ye Won;Yoo, Seunghyun;Kim, Hongsoo
    • 한국노년학
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    • v.36 no.4
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    • pp.1003-1024
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    • 2016
  • The human rights of older people have gotten more attention recently in South Korea, a country that is in transition to a super-aged society. This study aimed to systematically review studies on elder abuse and related factors among community-dwelling older adults in South Korea over twenty years (1994-2016). We searched major databases (Riss, DBpia, KISS, KMbase, and PubMed) and identified published studies relevant to the topic. Based on inclusion and exclusion criteria related to study quality, a total of 31 studies were selected for this review. We examined types, measurements, and risk factors of elder abuse as well as study designs in the selected studies, guided by Johannesen's theoretical framework on elder abuse. All of the reviewed studies on elder abuse in Korea were cross-sectional studies, most of which focused on older people living in urban areas, using a non-random sampling method. All of the studies focused on certain types of elder abuse only. Some adopted elder-abuse instruments that were not validated, and others used self-developed instruments without psychometric tests. As for the risk factors of elder abuse in South Korea, the physical and mental health of the victims and aggressors impacted the risk of elder abuse, but general sociodemographic factors such as age, sex, and education were less likely to be related to the risk. In addition, decreasing caregiver burden and building elder-friendly communities are important for the prevention of elder abuse. Needed are further empirical studies on elder abuse with a theoretical framework that gives consideration to the unique sociocultural contexts of Korea. It is also recommended to develop instruments to measure elder abuse reflecting the sociocultural contexts of Korea, and to examine the multi-dimensional risk factors of elder abuse.

The Method and Meaning of the Archiving Project of Suicide Survivors (자살유족 기록작업의 방법과 의미)

  • Lee, Young-nam
    • The Korean Journal of Archival Studies
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    • no.59
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    • pp.207-275
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    • 2019
  • This archiving project of the survivors of suicide was done with the survivor supporting team of the Seoul Suicide Prevention Center. The survivor supporting team was operating a Self-help Support Group for the emotional support of the survivors of suicide. A Self-help Support Group is a place for the survivors of suicide to regularly meet and share their suffering by talking of topics hard to discuss elsewhere. As the Self-help Support Group progressed members who acted as the leader of the group appeared. They formed an essay group that writes together. Two fathers who lost their sons, two mothers who lost their daughters, a mother who lost her son, a wife who lost his husband. The essay group met each week in a place facing Sajik Park. Through the windows that took up the whole side of the room, evening was coming in. The things that happened during the day went away towards Inwang mountain following the setting sun. Ten people (six members of the essay group, three from the survivor support team, a historian for unique conversation) sat around a table, facing each other. "Now, what shall we do?" History for unique conversation is a time that archives life by sharing conversations. At times a complete stranger, and other times people who share their ordinary lives sit around together (3-9 people, sometimes about 15). On the table there is coffee, bread, fruits and salads, and sometimes a dish someone heartily prepared. When a bottle of wine is placed on the table, each takes a glass. Morning, afternoon, the time the evening is welcomed in, late night. It does not matter which. For six months, 3 hours when meeting every week, 6 hours when at every other week. A room where the ambience is like that of a kitchen where sunlight enters, or a cozy living room is the best location. However, there are many times when it is held in a multipurpose room in the suburbs where many meetings are held, or in a classroom of a school. The meeting place is decided according to different situations of the time. There are no participation requirements as it is said to be for themselves to write down according to archiving form while looking back their lives thoroughly, and they are the only ones to stop themselves. The archives landscape from far away would seem like trying to do some talking. However, when going into a microscopic situation one must leave themselves to the emotional dynamics. It is because it archives the frustration and failures one experienced through life. A participator of history for unique conversation must face the sufferings of their life. The archiving project took place in 2013 to 2014. Many years have passed. Has the objective distance for archiving the situation of that time been secured? That may be uncertain, but I will speak of a few stray thoughts on archiving while depicting the process and method of operation.

Understanding the Access and Benefit-Sharing of Genetic Resources for Environmental Ecology Researchers (나고야의정서 이행에 따른 ABS 체계의 이해와 환경생태분야 연구자의 대응방안)

  • Lee, Jonghyun;An, Minho;Chang, YounHyo
    • Korean Journal of Environment and Ecology
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    • v.35 no.4
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    • pp.336-346
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    • 2021
  • The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

Chronopolitics in the Cinematic Representations of "Comfort Women" (일본군 '위안부'의 영화적 기억과 크로노폴리틱스)

  • Park, Hyun-Seon
    • Journal of Popular Narrative
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    • v.26 no.1
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    • pp.175-209
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    • 2020
  • This paper examines how the cinematic representation of the Japanese military "comfort women" stimulates 'imagination' in the realm of everyday life and in the memory of the masses, creating a common awareness and affect. The history of the Japanese military "comfort women" was hidden for a long time, and it was not until the 1990s that it entered the field of public recognition. Such a transition can be attributed to the external and internal chronopolitics that made possible the testimony of the victims and the discourse of the "comfort women" issue. It shows the peculiar status of the comfort women history as 'politics of time'. In the same vein, the cinematic representations of the Japanese military "comfort women" can be found in similar chronopolitics. The 'comfort women' films have shown the dual time frame of the continuity and discontinuity of the 'silence'. In Korean film history, the chronotope of the reproduction of "comfort women" can be divided into four phases: 1) the fictional representations of "comfort women" before the 1990s 2) documentaries in the late 1990s as the work of testimony and history writing, 3) melodramatic transformation in the feature films in the 2000s, and 4) the diffusion of media and categories. The purpose of this article is to focus on the first phase and the third phase in which the issue of 'comfort women' is represented in the category of popular fiction films. While the "comfort women" representations before 1990 were strictly adhering to the framework of commercial movies and pursued the sexual exploitation of "comfort women" history, the recent films since the 2000s are experimenting with various attempts in the style of popular imagination. Especially, the emergence of 'comfort women' feature films in the 2000s, such as Spirit's Homecoming, I Can Speak, and Herstory, raise various questions as to whether we are "properly" aware of issues and how to remember and present the "cultural memory" of comfort women. Also, focusing on the cinematic representation strategies of the 2000s "comfort women", this article discusses the popular politics of melodrama, the representation of victims and violence, and the feature of 'comfort women' as meta-memory. As a melodramatic imagination and meta-memory for the historical trauma, the "comfort women" drama shows the historical, political, and aesthetic gateways to which the "comfort women" problem must pass. As we have seen in recent fiction films, the issue of "comfort women" goes beyond transnational relations between Korea and Japan; it demands a postcolonial task to dismantle the old colonial structure and explores a transnational project in which women's movements and human rights movements are linked internationally.

Trend Analysis of Barrier-free Academic Research using Text Mining and CONCOR (텍스트 마이닝과 CONCOR을 활용한 배리어 프리 학술연구 동향 분석)

  • Jeong-Ki Lee;Ki-Hyok Youn
    • Journal of Internet of Things and Convergence
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    • v.9 no.2
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    • pp.19-31
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    • 2023
  • The importance of barrier free is being highlighted worldwide. This study attempted to identify barrier-free research trends using text mining. Through this, it was intended to help with research and policies to create a barrier free environment. The analysis data is 227 papers published in domestic academic journals from 1996 when barrier free research began to 2022. The researcher converted the title, keywords, and abstract of an academic thesis into text, and then analyzed the pattern of the thesis and the meaning of the data. The summary of the research results is as follows. First, barrier-free research began to increase after 2009, with an annual average of 17.1 papers being published. This is related to the implementation guidelines for the barrier-free certification system that took effect on July 15, 2008. Second, results of barrier-free text mining i) As a result of word frequency analysis of top keywords, important keywords such as barrier free, disabled, design, universal design, access, elderly, certification, improvement, evaluation, and space, facility, and environment were searched. ii) As a result of TD-IDF analysis, the main keywords were universal design, design, certification, house, access, elderly, installation, disabled, park, evaluation, architecture, and space. iii) As a result of N-Ggam analysis, barrier free+certification, barrier free+design, barrier free+barrier free, elderly+disabled, disabled+elderly, disabled+convenience facilities, the disabled+the elderly, society+the elderly, convenience facilities+installation, certification+evaluation index, physical+environment, life+quality, etc. appeared in a related language. Third, as a result of the CONCOR analysis, cluster 1 was barrier-free issues and challenges, cluster 2 was universal design and space utilization, cluster 3 was Improving Accessibility for the Disabled, and cluster 4 was barrier free certification and evaluation. Based on the analysis results, this study presented policy implications for vitalizing barrier-free research and establishing a desirable barrier free environment.

The Aesthetics of Conviction in Novel and Film Mephisto (소설과 영화 속 '메피스토'의 사상성 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.217-247
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    • 2019
  • This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."

Awareness Activation of Dance Copyrights and Research of Effectiveness Plans (무용의 저작권 인식 활성화와 실효성 방안 연구)

  • LEE, Seoeun
    • Trans-
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    • v.2
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    • pp.1-38
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    • 2017
  • Dance, as an art which expresses thoughts and emotions by movement human, is included in work that its copyright has to be protected, choreographers who are creators and dancers who are performing can exercise their rights included in copyright laws. However, artists who work in the dancing scene have lack of awareness about copyrights and the application level is low. The purpose of this thesis is to look into the current status and issues about dance copyright and to discuss activation plans and effectiveness plans for dance copyrights. The main point is to check into the level of awareness for dance copyrights with choreographers, dancers and students majoring in dance who are in charge of the art of dancing, to present issues about the necessity of the dance copyrights protection plans by analyzing interviews-in-depth and to prepare the dance copyrights protection plans which are concretely realistic. For the research methods, first, I looked into ideas and contents about copyrights through a document research and then, wanted to prepare theoretical background by reviewing actual cases of performing art copyrights related to dance. Next, I carried out surveys about awareness of copyrights with students majoring in dance, choreographers and dancers then carried out analysis of actual proof. Also, I chose three famous dancers who are actively performing in the current dancing scene and did interviews-in-depth about dance copyrights then carried out a recording analysis. I tried to complement the analysis by discussing deeper which I couldn't deal with in the previous surveys and to contemplate awareness activation of dance copyrights and plans. As a result of the research, the level of the awareness about dance copyrights through age, major, education and career was very low. The level of awareness was almost same compared to the previous research 10 years ago. 'Music', which can be an element of copyright issue in dance, was the highest in rate, and dance was recognized as an art which is combined with various elements as a combination work. The way of protection for works of choreography and performance only used data preservation and contracts and didn't register copyrights or record in dace notation. Majority of responders answered that they couldn't have any education about copyrights while they were recognizing the necessity of education and management for copyrights. The analysis of interviews-in-depth was also matched to the result of the previous surveys and a deeper discussion about the status of dance copyrights and issues was carried out. The plans of effectiveness for dance copyrights through the result of previous research are as followings. First, an advanced education is necessary above all to increase the awareness and application of copyrights in dancing scene. Long-term education like study curriculums and short-term education like special courses and seminars should be combined, and education about copyrights for dance groups, choreographers, dancers and students majoring in dance should keep on going. Second, revision of performing art works is necessary for the activation of dance copyrights, and establishing a dance copyright association to manage copyrights systematically and training dance copyright experts are necessary as well. Third, as the way of copyright protection for choreographers and dancers, an establishment for relation gain and loss about copyrights is necessary when creating dance works and performing, and registration of dance works should be activated. Also, the dancing scene should sign contracts for choreography and performance and this contract culture should be activated, and it should systematically preserve and manage choreography and performance records through basic ways. Hereby, it is considered to prepare a foundation to foster the awareness of dance copyrights and activate dance copyrights.

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