• STI Policy Review
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• v.8 no.1
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• pp.87-112
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• 2017

This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

• Journal of the Korean Institute of Navigation
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• v.18 no.2
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• pp.111-127
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• 1994

A Contract of marine insurance is a contract whereby the insurer undertakes to indemnity the assurd, in manner and to the extent thereby agreed, against marine losses that is to say, the losses incident to marine adventure. But the matter is that whether the problem of increased risk in insurance law should be understood by matching to nay state under general principle of contract law and whether that we should give any effect is more proper to the original object of the system. For this, it is understood that it is a case to be applied a "clausula rebus sic stantibus" in general today, but it is regarded as the matter that whether "clausula rebus sic stantibs" is charging any position in change of risk and whether we should understood the concept of the risk on the substance of the risk. Accordingly the recognition for the problem like this, study should examine closely into whether any system for the effect of increase in change of risk is more proper and rational system provide the supplementing points through our principle of insurance law and the study by comparing method.by comparing method.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Structural Engineering and Mechanics
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• v.52 no.5
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• pp.903-918
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• 2014

Large space structures may have resonant low eigenvalues and often these appear with closely-spaced natural frequencies. Owing to the coupling among modes with closely-spaced natural frequencies, each eigenvector corresponding to closely-spaced eigenvalues is ill-conditioned that may cause structural instability. The subspace to an invariant subspace corresponding to closely-spaced eigenvalues is well-conditioned, so a method is presented to design the feedback control law of intelligent structures with closely-spaced eigenvalues in this paper. The main steps are as follows: firstly, the system with closely-spaced eigenvalues is transformed into that with repeated eigenvalues by the spectral decomposition method; secondly, the computation for the linear combination of eigenvectors corresponding to repeated eigenvalues is obtained; thirdly, the feedback control law is designed on the basis of the system with repeated eigenvalues; fourthly, the system with closely-spaced eigenvalues is regarded as perturbed system on the basis of the system with repeated eigenvalues; finally, the feedback control law is applied to the original system, the first order perturbations of eigenvalues are discussed when the parameter modifications of the system are introduced. Numerical examples are given to demonstrate the application of the present method.

• Nuclear Engineering and Technology
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• v.54 no.12
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• pp.4759-4775
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• 2022

The RVACS is a versatile and robust safety system driven by two natural circulations: in-vessel coolant and ex-vessel air. To observe interaction between the two natural circulations, SINCRO-IT facility was designed with two different similarity laws simultaneously. Bo' based similarity law was employed for the in-vessel, while Ishii's similarity law for the ex-vessel excluding the radiation. Compared to the prototype, the sodium and air system, SINCRO-IT was designed with Wood's metal and air, having 1:4 of the length reduction, and 1.68:1 of the time scale ratio. For the steady state, RV temperature limit was violated at 0.8% of the decay heat, while the sodium boiling was predicted at 1.3%. It showed good accordance with the system code, TRACE. For an arbitrary re-criticality scenario with RVACS solitary operation, sodium boiling was predicted at 25,100 s after power increase from 1.0 to 2.0%, while the system code showed 30,300. Maximum temperature discrepancy between the experiments and system code was 4.2%. The design and methodology were validated by the system code TRACE in terms of the convection, and simultaneously, the system code was validated against the simulating experiments SINCRO-IT. The validated RVACS model could be imported to further accident analysis.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.4 no.1
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• pp.8-24
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• 1979

Including the Qualfication of Staffer required for Commuinication, the National Law of Professional qualification is a basic law for supply with manpower of high growth industry, and it is aiming at perfect the national Policy Concerned improvement for education and training of staff, carrying out of state examination for qualification and getting an occupation or application for special qualification. This law has established a management committee for qualification system in The Ministry of Science and Technique ROK, and authorized competence Minister according to kind of special qualification aiming at getting employment, practical use and courteous treatment in society and economy for national qualification, and also regulated their each official duty. A qualification of staffer required for communication is an administrative measure giving as occupational certificate after some examination for knowledge, technique and faculty in vocational ability to adapt to intrinsic of telecommunication. This certificate has the cause of an attribution of over the sphere of telecommunication, and so it has been originated in international situation, and then some of them is forced by international law, otherwise it be in common use between the nations. The Characteristic and orthodox of communication certificate has been succeded continually in company with development of telecommunication and the appliable field of them is specified, but the sovereign power of nation is approved by ITU that she can extent the applicable position for communication certificate and coordinate the utility of qualification for telecommunication value. Korean telecommunication law excepted the application of communication certificate in public communication field. It is unreasonable and even disobeyed against the theory of communication science and intrinsic of telecommuncation. Therefore it should be corrected immediately and then communication certificate have to accept in the public communication field at all, if so, the application field of communication certificate can have more than useful extenxion such as administration measure should be achieved by the management committee for qualification system in Ministry of Science and Technique and competemce Minister appointed according to special kind of certificate and the administration have to manage by the method and proccess caused by communication science or cooperative system between administration, industry, education and science. And, then, every acquisitor of qualification also has to try to perfect his vocational duty sincerely and to promote each self-realization.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.43 no.8
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• pp.731-738
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• 2015

The rapid prototyping process and development tool which enable the control law evaluation efficiently are needed to minimize the development cycle, cost and risk of aircraft flight control system. This paper describes a development process that integrates the designed control law into HETLAS to evaluate simulation effectively using nonlinear mathematical models. The desktop engineering simulator was developed using HETLAS for the piloted simulation evaluation of a various control modes and the procedure was developed, which quickly integrates the HETLAS into HQS(Handling Quality Simulator) and HILS(Hardware In the Loop Simulation) environments. This paper presents a rapid prototyping process using HETLAS that significantly shortens the integration process of the control law into the nonlinear math model, HETLAS, and allows the control law designs to be quickly tested in the piloted simulation and HILS environments.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• The Journal of the Convergence on Culture Technology
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• v.4 no.2
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• pp.33-42
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• 2018

The Patient Safety Act was enacted on July 26, 2016. Patient safety law is a method to prevent harm by collecting and accumulating various errors through the reporting system. Therefore, in order for this law to be successfully implemented, it is necessary to vitalize 'the autonomous reporting and reporting learning system of patient safety accidents'. And In order for this system to be activated, a large amount of reporting data accumulation is a prerequisite. Nevertheless, there were only two reports in about 17 months. In this paper, I will criticize the validity of the current autonomous reporting system and the two proposed amendments, I would like to propose the introduction of a partial obligation reporting system.

• Korean Journal of Construction Engineering and Management
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• v.7 no.2 s.30
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• pp.62-70
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• 2006

As buildings are changing variously from the side of use, efficiency and size, the construction qualities are more importantly recognized. Supervision system was enacted in the Residential Building Law in 1990 and responsibility supervision system in the Construction Engineering Management Law in 1994, respectively. However, recently revised supervision system in 2003 has some limitations: the present problems of appointing supervisor, disposing the supervisors, supervisor's works. Therefore, the aim of this study is to improve the present supervision system for mix-use residential building. By implementing the proposed revised supervision system, it will be able to expect quality improvement, confidence of the owner and the user, development of construction technology, and increase international competitiveness of supervision company.