• Journal of the Korean Society of Costume
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• v.64 no.1
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• pp.123-135
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• 2014

The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

• Journal of the Korean Society of Safety
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• v.37 no.1
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• pp.49-54
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• 2022

In Korea, companies which have work-related musculoskeletal burden works should have conducted legal risk assessments every three years from 2004 onwards. However, due to problems with the legal definition of work-related musculoskeletal burden works, some companies may have been exempted from the risk assessment even though their workers still experience work-related musculoskeletal pain. For example, the manufacturing process used by a particular semiconductor manufacturing company involved a great deal of legal musculoskeletal bueden works. However, this company eliminated the musculoskeletal burden works by continuously introducing automated processes, and finally, in 2016, all work which was legally defined as musculoskeletal burden work were removed from the company's manufacturing process. Nevertheless, in a 2016 survey, 9.6% of the company's workers still complained of musculoskeletal pain, and in a 2019 survey this proportion actually increased to 15.7%. This incident demonstrates the limitations and problems of the current legal risk assessment of work-related musculoskeletal burden work. Therefore, this study proposes two improvements to solve these problems. Firstly, it is necessary to broaden the current legal definition of work-related musculoskeletal burden works. For example, vibration risk factors and push/pull tasks that are currently missing from the definition should be included. Secondly, it is proposed that a survey on musculoskeletal pain should be conducted for all workers, regardless of whether they are engaged in musculoskeletal burden works. The results of this study could be used to improve the legal risk assessment of work-related musculoskeletal burden works.

• Journal of the Korean Society for Library and Information Science
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• v.58 no.1
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• pp.329-349
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• 2024

This study aims to propose guideline for uniform title of legal works. To achieve this objective, this study (1) reviewed the uniform title and authority access points of legal works targeting RDA, NCR, KCR2 and KCR5, (2) analyzed the actual application methods by investigating the guideline and bibliographic data for uniform title for legal works targeting LC, DNB, and university libraries, (3) examined the scope of application of uniform title in the bibliographic data of the National Library of Korea and suggested points to consider when developing guidelines for uniform title. Based on this, (4) a draft guideline for creating uniform title for legal works was formulated. The draft was revised after review by a librarian and consultation with experts, and then the final draft was proposed. The data were obtained through literature reviews and case studies, and additional data were obtained through e-mail interviews and expert advice.

• Journal of Korean Theatre Studies Association
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• no.40
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• pp.401-450
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• 2010

This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.

• The Journal of Fisheries Business Administration
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• v.25 no.1
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• pp.19-35
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• 1994

The objective of this study is to analize the system of legal compensation for the fishery loses caused by public works and to suggest alternatives on the current compensation system. Korea government has been performing reclamation activities in coastal region to conduct farm, urban and industrial area, and such activities are still going on in Yeongjongdo airport area, Saemangeum area and so on. Reclamation interrupts fishing activities in or around the reclaiming area, therefore, the compensation for fishery losses incurred by fishermen should be made. The system of legal compensation in Korea, however, is based on the land compensation, and the regulation of the compensation for fishery losses in the Fishery Act can not be applied for the compensation of public works because the procedure of the compensation in the Fishery Act is different from its cause of action. Therefore, this study is caried out to suggest a resonable compensation procedure and to provide a basis for establishing legal system.

• Journal of Korean Library and Information Science Society
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• v.44 no.2
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• pp.315-343
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• 2013

Public works has been created by the taxes of the people, so free access and use of public works without charge in the public sector must be guaranteed for the benefit of the public. To do this, above all, a legal basis for solving the problems of the process for copyright should be to establish. Therefore, this study examined the legal concept of public works and the concept and scope of public institutions. And this study, as legislation case to limit the copyright protection of public works, analyzed the relevant provisions of copyright law and the recent revised plan in the U.S., UK, and Germany. And then I analyzed the regulations for limitation of copyright protection of current copyright law and the draft of copyright law on public works in Korea. Based on the results of these analyses, this study suggested the legal revised plan to expand significantly the limitations of copyright in order to activate the use of public works in the library.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.41-49
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• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• Journal of Agricultural Extension & Community Development
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• v.11 no.1
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• pp.139-159
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• 2004

Since 1990s, the countrysides in Seoul Metropolitan Area have been exposed to the unprecedented forces like developing telecommunication technology, the boom of exurban housing, increasing concern about food quality. While these new forces are restructuring the social and spatial pattern of countryside, a legal regulation can be assumed as exerting an overarching moulding power. This paper shows how the legal regulation works in the restructuring rurality.

• International journal of advanced smart convergence
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• v.10 no.3
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• pp.181-186
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• 2021

Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.7
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• pp.4424-4431
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• 2015

The purpose of the study is to analyze the judicial precedents of the copyright relating to advertising focusing on the photographic works and find the characteristics of the legal principles of the copyright infringement or no. As the results of the analyses of the exact 6 precedents, the creativity of the works was the main issue of the judgment of the copyright infringement or no, comparing that 'on the basis' and 'practical similarity' were mainly applied the judgment. It is implied that the photographic works depending on the technologies are more difficult to prove their creativity, and the simple photo of the product itself without or lack of the photographer's creative effort and labor is not acknowledged as a copyrighted work in advertising area.