• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.137-178
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• 2006

The purpose of this paper is to analyse the present situation and legal problems of u-health. U-health plays an important role in enlarging the healthcare service and making the healthcare service efficient. The use of Korean excellent IT technology can lead us to a world wide competitive healthcare industry. Although u-health has the weakness in privacy protection, the usefulness and convenience of u-health is great. Therefore we must analyse the legal issues of security technology, RFID, telemedicine and EMR pertaining to u-health and construct the appropriate legislative structure to resolve the legal problems of u-health.

• The Journal of the Korea Contents Association
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• v.22 no.10
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• pp.506-514
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• 2022

The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• International Commerce and Information Review
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• v.9 no.4
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• pp.351-374
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• 2007

Recently, there has been rapid and spectacular increase in world wide counterfeiting and other forms of piracy. According to the World Customs Organization(WCO), counterfeiting accounts for 5 to 7 percent of global merchandise trade, equivalent to lost sales of as much as US$512 billion last year. Also Korean firms' damages arising from the infringement of intellectual property rights in global markets, especially in China market, are increasing. However, the existing studies on the intellectual property rights(IRP) protection have mainly focused on legal protection. Because the law is often not the best defense against theft of intellectual property rights, we must develop more effective defensive weapons for protection of IRP. Given this troublesome trend, the intention of this paper is to discuss strategic and tactical efforts, including legal protection, that can serve as proactive measures to deter counterfeiting and thus to assure the protection of Korean firms' intellectual property rights.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.27-44
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• 2016

The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

• Journal of the Korean Society of Costume
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• v.66 no.1
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• pp.28-41
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• 2016

This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

• Asian Journal of Innovation and Policy
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• v.7 no.1
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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.

• Journal of Information Technology Services
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• v.10 no.4
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• pp.21-32
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• 2011

The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

• Journal of Information Technology Services
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• v.22 no.6
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• pp.1-15
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• 2023

This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

• International Journal of Computer Science & Network Security
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• v.22 no.9
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• pp.59-62
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• 2022

In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.