• 제목/요약/키워드: Illegal Violation

검색결과 36건 처리시간 0.03초

참여의 특권 배제에 관한 미국 독점금지법 법리와 그 시사점 (The U. S. Antitrust Law on the Exclusion of Medical Staff Privilege and its Implication)

  • 정재훈
    • 의료법학
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    • 제12권2호
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    • pp.295-316
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    • 2011
  • If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

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C2C에 기반으로 해외직구 불법거래에 관한 모니터링 시스템 설계 및 분석 (Design and analysis of monitoring system for illegal overseas direct purchase based on C2C)

  • 신용훈;김정호
    • 디지털융복합연구
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    • 제20권5호
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    • pp.609-615
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    • 2022
  • 본 논문은, 개인 간 거래 C2C에 기반으로 해외직구 불법 거래에 관한 모니터링 시스템을 제안한다. 관세법에서는 해외직구 물품이 일정 금액 (미화 150불, 단 미국은 미화 200불)이하 또는 자가 사용 물품으로 인정되는 경우에만 제세를 면제토록 규정하고 있다. 과세를 면제받아 구매한 해외직구 물품을 온라인 등에서 되파는 행위는 무신고 밀수입죄에 해당한다. 그런데도 온라인 중고 사이트에는 이에 대한 되팔이가 증가하여 지속적인 관세법 위반이라는 사회적 이슈로 논란이 되고 있다. 따라서 본 연구에서는 해외직구 관련 불특정 거래 내용을 수집하고, 정보를 빅데이터 방식으로 데이터를 정제하여, 자연어 처리 등을 통해 모니터링 시스템으로 설계하여 판매자와 유사한 형태를 보이는 키워드 분석, 거래방식 분석, 동일성 판별 등을 분석하였다. 해외직구 물품의 불법 거래 단속에 활용이 가능할 것이다.

해상보험 클레임의 면책위험에 관한 고찰 (A Study on the Risks Excluded of Marine Insurance Claims)

  • 정성훈;최혁준
    • 한국중재학회지:중재연구
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    • 제15권2호
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    • pp.125-162
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    • 2005
  • This paper examined excluded risks of insurer in marine insurance generally, and found out the existing studies on the excluded risks, which were accomplished partially and fragmentarily, to conduct a comparative analysis of marine insurance based on the general flow of claim adjustment. It arranges the existing studies to settle a dispute between the parties -insurer and assurer- and studies the excluded risk based on risk change of the insured by analyzing characteristic and class of security violation, and meaning, form, effect of risk change. it inquires into and analysis cases of the Korean Supreme Court related to the exclusion and illegal act of marine insurance to compare marine theorists' opinion with commercial law.

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어획량 분석을 통한 배타적 경제수역(EEZ) 불법어업 단속 효과 (The Effect of Regulation on Illegal Fishing with Analysis of Catch in EEZ)

  • 장덕종;최명수
    • 해양환경안전학회:학술대회논문집
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    • 해양환경안전학회 2006년도 춘계학술발표회
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    • pp.185-193
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    • 2006
  • 본 연구는 어업협정 체결 이후 EEZ의 어업관리를 위한 노력이 어느 정도 성과를 보였는지를 파악하고자, 한 중 및 한 일 EEZ 어장을 중심으로 어업협정 이후의 어업환경 변화, 협정 이행에 따른 어업 생산성 변화, 협정 위반 실태 등을 검토하여 적극적 어업관리의 필요성을 제기하였다.

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A Study on Extraction and Comparison of Digital Content Key Frame in UCC Service Environment

  • Jang, Eun-Gyeom
    • 한국멀티미디어학회논문지
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    • 제14권8호
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    • pp.1020-1028
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    • 2011
  • In this paper, we proposed a mechanism that prevents indiscreet use of digital contents, verifies created content's copyrights to provide services to granted user and protects digital contents by law by authenticating the original digital content whenever an infringement of copyright occurs in UCC environments. The proposed mechanism uses specific information and features of contents as copyrights authentication information without additional information. Also, provides the fact of violation by inferring the modification of the original digital contents. That means this mechanism infers same or similar value from the contents; fraudulent use of content, modification of content color, modification of content format, modification of content resolution and illegal use of frame not principal key frame. In that point, we found that the inferred value from the content differed according to features of content modification.

Segmentation and Recognition of Korean Vehicle License Plate Characters Based on the Global Threshold Method and the Cross-Correlation Matching Algorithm

  • Sarker, Md. Mostafa Kamal;Song, Moon Kyou
    • Journal of Information Processing Systems
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    • 제12권4호
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    • pp.661-680
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    • 2016
  • The vehicle license plate recognition (VLPR) system analyzes and monitors the speed of vehicles, theft of vehicles, the violation of traffic rules, illegal parking, etc., on the motorway. The VLPR consists of three major parts: license plate detection (LPD), license plate character segmentation (LPCS), and license plate character recognition (LPCR). This paper presents an efficient method for the LPCS and LPCR of Korean vehicle license plates (LPs). LP tilt adjustment is a very important process in LPCS. Radon transformation is used to correct the tilt adjustment of LP. The global threshold segmentation method is used for segmented LP characters from two different types of Korean LPs, which are a single row LP (SRLP) and double row LP (DRLP). The cross-correlation matching method is used for LPCR. Our experimental results show that the proposed methods for LPCS and LPCR can be easily implemented, and they achieved 99.35% and 99.85% segmentation and recognition accuracy rates, respectively for Korean LPs.

Lane Detection for Parking Violation Assessments

  • Kim, A-Ram;Rhee, Sang-Yong;Jang, Hyeon-Woong
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • 제16권1호
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    • pp.13-20
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    • 2016
  • In this study, we propose a method to regulate parking violations using computer vision technology. A still color image of the parked vehicle under question is obtained by a camera mounted on enforcement vehicles. The acquired image is preprocessed through a morphological algorithm and binarized. The vehicle's shadows are detected from the binarized image, and lanes are identified using the information from the yellow parking lines that are drawn on the load. Whether parking is illegal is determined by the conformity of the lanes and the vehicle's shadow.

2010년 주요 의료 판결 분석 (Review of 2010 Major Medical Decisions)

  • 이정선;서영현;유현정
    • 의료법학
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    • 제12권1호
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    • pp.177-225
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    • 2011
  • Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

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산업단지 유형에 따른 교통사고 특성 비교 분석 (Comparative analysis of Traffic Accidents Characteristics using Various Types of Industrial Complexes)

  • 이유화;정병철
    • 한국도로학회논문집
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    • 제19권6호
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    • pp.201-212
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    • 2017
  • PURPOSES : The objective of this study is to identify the characteristics affecting traffic accidents that have occurred in 564 industrial complexes nationwide from 2011 to 2015. METHODS : The traffic accidents were specified using various factors such as industrial complex type (national VS. general), industrial complex degradation (old VS. non-old), location of complex (capital VS. non-capital), and traffic law violation (speeding, signal violation, and median invasion). The average number of crashes and accident ratio (fatal, severe, and both) in terms of characteristics of industrial complexes were calculated. With a sample of crashes of the industrial complexes for 5 years, statistical significances were tested to analyze and compare the differences based on industrial complex and traffic law characteristics using parametric and non-parametric methods. RESULTS : From statistical results, it is observed that the crash frequency occurring in old industrial complexes is three times higher than that in non-old industrial complexes. Old industrial complexes located in a capital area, old national industrial complexes, and old general industrial complexes are considerably related to higher crash frequency, but the fatal accident ratio appeared to have no statistical difference across industrial complex characteristics. Severe crashes are more likely to occur in non-old industrial complexes on an average. CONCLUSIONS : It is necessary to eliminate potential threats to roads and traffic in the same manner as illegal parking in industrial complexes through the restoration of old industrial complexes. To improve the efficiency of road infrastructure, efforts should be made to improve traffic safety in accordance with industrial characteristics such as planning and operation of relevant local government programs.

개인 콘텐츠 접근제어 기능을 갖는 개선된 AACS 보안 Framework (Improvement of AACS Security Framework with Access Control to Personal Contents)

  • 김대엽
    • 정보보호학회논문지
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    • 제18권4호
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    • pp.167-174
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    • 2008
  • 디지털 카메라와 캠코더의 보급이 증가함에 따라 일반 사용자들의 UCC(User Created Contents) 역시 일반화 되고 있다. 그러나 이에 따른 사생활 침해 또한 증가하고 있다. UCC는 인터넷 포탈 서비스를 통해 공유될 뿐 아니라 DVD(Digital Versatile/Video Disk)와 같은 저장매체(Recordable Media, 이하 Media)를 이용하여 보관된다. 포탈 서비스를 이용해서 콘텐츠를 게시하는 경우 포탈 시스템이 제공하는 사용자 인증 및 불법 다운로드 제어 기술을 이용하여 사생활 침해를 부분적으로 막을 수 있다. Media의 경우도 불법복제 제어기술을 채택하고 있지만, Media의 도난 또는 분실로 인한 콘텐츠 유출과 사생활 침해를 막을 수 있는 방법이 현재로서는 제공되지 않고 있다. 그러므로 Media를 이용하여 개인 콘텐츠를 관리하는 경우에도 사생활 침해를 막을 수 있는 추가적인 보안 기술의 연구가 필요하다. 본 논문에서는 Media 보안을 위해 제정된 AACS(Advanced Access Content System)의 Framework을 살펴보고 개인 콘텐츠의 접근을 제어할 수 있는 개선된 AACS 보안 Framework을 제안한다.