• Asian Journal of Innovation and Policy
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• 제7권1호
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• pp.190-206
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• 2018

This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

• International Journal of Computer Science & Network Security
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• 제21권11호
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• pp.189-192
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• 2021

The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.

• 의료법학
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• 제9권1호
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• pp.129-162
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• 2008

Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

• 융합보안논문지
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• 제14권1호
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• pp.43-50
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• 2014

민간경비원은 특별한 법적 권한이 주어지지 않은 일반인과 동등한 법적 지위를 보유하고 있다. 그러나 민간경비산업은 그동안 업무영역의 확대를 가져와 제한적이지만 일부 법적 권한을 보유할 시기가 되었다는 주장이 있다. 이 연구에서는 일본 미국 등 주요국가의 경비원 법적 지위를 비교 분석하고 우리나라 민간경비원의 법적 지위에 관하여는 현행법인 경비업법상의 경비원의 법적 지위를 분석함으로써 우리나라의 민간경비원 법적 지위의 문제점을 도출하고 그에 대한 대안을 제안하는데 목적이 있다.

• 임상간호연구
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• 제19권3호
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• pp.369-382
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• 2013

Purpose: This study aimed to develop an educational program on nursing records especially focused on legal issues, and to test the effects of the educational program on nurses' knowledge, performance, and behavior. Methods: A textbook on legal issue-focused nursing records and an instrument with 36 items rated on a 5-point scale (1-5) for measuring the nurses' charting-related performance and behavior were developed from November 2007 through March 2008. A nonequivalent control group pretest-posttest design was employed to test the effects of the education program. Knowledge was self-reported by the Nurse Charting Knowledge Scale, while performance and behavior were measured by their nurse managers. The pretest and posttest were conducted from March through May in 2008. A total of 226 Korean nurses participated in this study. Data were analyzed with descriptive statistics, t-test, Chi-square, paired t-test, Spearman's coefficient, and multiple regression. Results: Nurses who received the intervention showed greater levels of knowledge (t=10.28, p<.001), performance (t=2.53, p=.013), and behavior scores (t=3.07, p=.002) than those of the control group. The factors influencing the improvement of knowledge were 'job attitude' (t=-3.32, p=.001) and 'career in present unit' (t=2.95, p=.004). The factor influencing the improvement of performance was 'career in present unit' (t=-3.39, p=.001). The factor influencing the improvement of behavior was 'job attitude' (t=-3.46, p=.001). Conclusion: The educational program on legal issue-focused nursing records was effective in improving nurse charting-related knowledge, performance, and behavior.

• 의료법학
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• 제13권1호
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• pp.125-153
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• 2012

The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.89-105
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• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• 호남수학학술지
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• 제44권4호
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• pp.572-593
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• 2022

Crime committed by civilians and criminals using legal and illegal firearms and conversion of legal firearms into illegal ones has become a common practice around the world. As a result, policies to control civilian gun ownership have been debated in several countries. The issue arose because the linkages between firearm-related mortality, weapon accessibility, and violent crime data can imply diverse options for addressing criminality. In this paper, we have projected a mathematical model in terms of the Caputo fractional derivative to address the issues viz. input of legal guns, crime committed by legal and illegal guns, and strict government policies to monitor the license of legal guns, strict action against violent crime. The boundedness, existence and uniqueness of solutions and the stability of points of equilibrium are examined. It is observed that violent crime increases with the increase of crime committed by illegal guns, crime committed by legal guns and, decreases with the increase of legal guns, the deterrent effect of civilian gun ownership, and action of law against crime. Further, legal guns increase with the increase of the limitation of trade of illegal guns and decrease with the increase of conversion of legal guns into illegal guns and increase of the growth rate of illegal guns. Again, as crime is committed by legal guns also, the policy of illegal gun control does not assure a crime-free society. Weak gun control can lead to a society with less crime. Theoretical aspects are numerically verified in the present work.

• 무역상무연구
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• 제69권
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• 디지털융복합연구
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• 제19권11호
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• pp.1-10
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• 2021

본 연구에서는 빅데이터 기법 중에 하나인 텍스트마이닝을 활용하여 소셜플랫폼에서 외국인근로자에 대한 인식을 알아보고 시사점을 도출하고자 하였다. 연구를 위해서 2020년 1월 1일부터 12월 31일까지를 기준으로 '외국인근로자' 검색 키워드를 수집하여 빈도분석, TF-IDF 분석, 연결중심성 분석으로 상위 키워드 100개를 도출하고 비교분석을 수행하였다. 또한 Ucinet6.0과 Netdraw를 이용해 의미연결망을 분석하였으며, CONCOR 분석을 통해 외국인정책 이슈, 지역사회 이슈, 사업주 관점 이슈, 고용 이슈, 근로환경 이슈, 법적 이슈, 출입국 이슈, 인권 이슈로 8개 클로스터로 군집화하였다. 이러한 분석 결과를 바탕으로 외국인근로자 국민적 인식, 주요 이슈를 파악하였으며, 향후 외국인근로자에 대한 정책 및 관련 연구에 필요한 기초자료를 제공하고자 한다.