• The Korean Society of Law and Medicine
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• 제14권2호
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• Journal of Arbitration Studies
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• 제25권1호
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Journal of Korea Technology Innovation Society
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• 제20권2호
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• pp.313-333
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• 2017

As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

• Journal of Intelligence and Information Systems
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• 제23권1호
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• pp.143-159
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• 2017

Due to the rapid development of IT in recent years, not only personal information but also the key technologies and information leakage that companies have are becoming important issues. For the enterprise, the core technology that the company possesses is a very important part for the survival of the enterprise and for the continuous competitive advantage. Recently, there have been many cases of technical infringement. Technology leaks not only cause tremendous financial losses such as falling stock prices for companies, but they also have a negative impact on corporate reputation and delays in corporate development. In the case of SMEs, where core technology is an important part of the enterprise, compared to large corporations, the preparation for technological leakage can be seen as an indispensable factor in the existence of the enterprise. As the necessity and importance of Information Security Management (ISM) is emerging, it is necessary to check and prepare for the threat of technology infringement early in the enterprise. Nevertheless, previous studies have shown that the majority of policy alternatives are represented by about 90%. As a research method, literature analysis accounted for 76% and empirical and statistical analysis accounted for a relatively low rate of 16%. For this reason, it is necessary to study the management model and prediction model to prevent leakage of technology to meet the characteristics of SMEs. In this study, before analyzing the empirical analysis, we divided the technical characteristics from the technology value perspective and the organizational factor from the technology control point based on many previous researches related to the factors affecting the technology leakage. A total of 12 related variables were selected for the two factors, and the analysis was performed with these variables. In this study, we use three - year data of "Small and Medium Enterprise Technical Statistics Survey" conducted by the Small and Medium Business Administration. Analysis data includes 30 industries based on KSIC-based 2-digit classification, and the number of companies affected by technology leakage is 415 over 3 years. Through this data, we conducted a randomized sampling in the same industry based on the KSIC in the same year, and compared with the companies (n = 415) and the unaffected firms (n = 415) 1:1 Corresponding samples were prepared and analyzed. In this research, we will conduct an empirical analysis to search for factors influencing technology leakage, and propose an early warning system through data mining. Specifically, in this study, based on the questionnaire survey of SMEs conducted by the Small and Medium Business Administration (SME), we classified the factors that affect the technology leakage of SMEs into two factors(Technology Characteristics, Organization Characteristics). And we propose a model that informs the possibility of technical infringement by using Support Vector Machine(SVM) which is one of the various techniques of data mining based on the proven factors through statistical analysis. Unlike previous studies, this study focused on the cases of various industries in many years, and it can be pointed out that the artificial intelligence model was developed through this study. In addition, since the factors are derived empirically according to the actual leakage of SME technology leakage, it will be possible to suggest to policy makers which companies should be managed from the viewpoint of technology protection. Finally, it is expected that the early warning model on the possibility of technology leakage proposed in this study will provide an opportunity to prevent technology Leakage from the viewpoint of enterprise and government in advance.

• Journal of Legislation Research
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• 제44호
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• pp.571-610
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• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• The Korean Society of Law and Medicine
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• 제21권2호
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Journal of the Korea Institute of Information Security & Cryptology
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• 제24권1호
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• pp.97-106
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• 2014

CCTV(Closed Circuit television) is one of the widely used physical security technologies and video acquisition device installed at specific point with various purposes. Recently, as the CCTV capabilities improve, facial recognition from the information collected from CCTV video is under development. However, in case these technologies are exploited, concerns on major privacy infringement are high. Especially, a computer connected to a particular space images taken by the camera in real time over the Internet has emerged to show information services. In the privacy law, safety measures which is related with biometric template are notified. Accordingly, in this paper, for the protection of privacy video information in the video surveillance system, the technical and managerial requirements for video information security are suggested.

• Journal of the Korean Professional Engineers Association
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• 제13권4호
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• pp.31-47
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• 1980

Since medium and small manufacturing enterprises have , played a very important role not only in national economy but also in political and social relationships all of the countries in the world have paid favorable policies and programmes for protecting and promoting this sector. In Korea main ingredients of promoting policy for this sector consist of (1) encouragement to modernize facilities and rationalize operation (2) special priority in bank loan (3) promotion of industrial cooperatives (4) prevention of infringement by large industries. However, substantial investigation for problems incurred in medium industries has revealed that unless medium industries improve and raise their technological and managerial skillfulness for themselves all other measures are useless to solve the problems. This realization has induced all of the countries to render extension services on both of technology and management to assist and support their own effort for rationalization. Also in Korea during past 20 years many technical and managerial research institutes have rendered free consultancy services to medium industries by the support of government subsidy. Among them the joint extension services project performed by the Medium Industry Bank and UNDP during 1967 and 1975 might he listed as model case because of its broad and integrated activities and participation of foreign experts. We think many precepts should be :learned from the study of this project. Korean economy is expected to develop rapidly throughout coming'80 in spite of many obstacles, tut there is an apprehension that gap in of every facet between medium and large enterprises might he deepened and enlarged. To prevent the actualization of so-called dual structure of national economy and to promote stabilized medium industries with high added value productivity which are shown in well developed countries, consultancy assistance ana extension services should be strengthened much more than ever. Fortunately in 1978 legislation of "Medium and small industry promotion act" has paved the way for the systematic achivement of consultancy and extension services which shall be integrated by the government overall program. Under new framework thoughtfull accomplishment should be undertaken considering precious precepts obtained from past experience and failure. Special attention should be given to the technical liaison officer scheme, exclusive participation of only professional institutes, strict qualification and training for consultants for the future succsseful implementation.

• Journal of Korean Library and Information Science Society
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• 제33권3호
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• pp.1-40
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• 2002

All libraries are forums for information and ideas. Therefore, libraries must have systematic devices through which library users can make use of library materials freely. The systematic devices usually have the form of Library Bill of Rights. The aim of this study is to offer basic data in case our country adopt Library Bill of Rights in the near future. In this thesis, the significance of Library Bill of Rights was investigated and the common components were drawn from the analysis of the changing processes and contents of Library Bill of Rights in the USA and Japan. In the USA and Japan, the Library Association an official institution adopted Library Bill of Rights and established permanent departments to keep and develop Library Bill of Right as well as to solve the problems such as infringement of freedom of library. The common components of Library Bill of Rights are as follows: freedom to collect materials, freedom to provide materials, right to refuse censorship, cooperation with the persons ind groups concerned, a person's rights to use a library, fair use of the library facilities, and protection users' privacy.

• Korean journal of communication and information
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• 제50권
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• pp.29-49
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• 2010

Various opinions are expressed about the Internet Regulation. Some people argue that it is impossible to control because of the technical characteristics of Internet, while other people argue that it is easy to control. Recently in Korea, a move to reinforce the Internet Regulation through the extension of cyber real-name system is emerging, whereas the concern for its excessive infringement of the Freedom of Expression is increasing. This paper was intended to draw a reasonable direction for Internet Regulation in our society. And accordingly this paper tried to suggest a desirable direction of Internet Control in the future and to draw a criterion for domestic court judgement by analyzing cases of cyber defamation so far. The result of this study proposed that the Freedom for Expression be widely secured in the case of cyber defamation of criticism and political comments upon public officials and that the legitimacy and effectiveness of Internet Regulation be ensured. This result of study is expected to help establish the direction and principle of Internet Regulation in the future around Korea Communications Commission and Korea Communications Standards Commission.