• 복식
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• 제64권1호
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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.

• 한국안전학회지
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• 제37권1호
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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.

• 한국문헌정보학회지
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• 제58권1호
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• pp.329-349
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• 2024

본 연구는 국내 도서관 현장에 적용가능한 통일된 형식의 우선표제 작성지침 제안을 목적으로 두고, 법률저작에 집중하여 논의를 진행하였다. 이를 위해 이 연구에서는 (1) 국내·외 목록규칙 중 RDA, NCR, KCR2, KCR5 개정안을 대상으로 법률저작의 통일표제 그리고 전거형접근점 규칙을 분석하고, (2) LC, DNB, 북미권 대학도서관을 대상으로 법률저작의 통일표제 입력지침과 입력사례를 조사함으로써 실제 적용되는 방식을 분석한 후, (3) 국립중앙도서관 법률저작의 서지데이터를 임의추출하여 통일표제의 적용범위를 검토해보고 통일표제 작성지침 개발시 고려할 점을 도출하였다. 이를 근거로 (4) 법률저작의 통일표제 작성지침 초안을 도출한 후, 국립중앙도서관 실무진의 검토와 법률 및 통일표제 전문가 자문을 거쳐 최종안을 제안하였다. 논의에 필요한 데이터는 문헌연구와 사례조사를 통해 확보하였으며, 추가적인 데이터는 업무담당자와의 이메일 면담과 전문가 자문을 통해 확보하였다.

• 한국연극학
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• 제40호
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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.

• 수산경영론집
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• 제25권1호
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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.

• 한국도서관정보학회지
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• 제44권2호
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• pp.315-343
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• 2013

공공저작물은 국민의 세금에 의해 작성된 것이므로, 공공의 이익을 위해 민간의 무상의 자유로운 접근 및 이용이 보장되어야 한다. 이를 위해서는 무엇보다도 저작권 처리 문제를 해결할 수 있는 법률적 근거가 마련되어야 한다. 이에 본 연구는 공공저작물의 법적 개념과 공공기관의 개념 및 범위에 대해 검토하였다. 공공저작물의 저작권 보호를 제한하는 입법사례로 미국, 영국 및 독일의 저작권법 관련 규정과 최근에 입법 예고된 개정안들을 분석하였고, 이어서 공공저작물과 관련한 국내 현행 저작권법상의 저작권 보호의 제한 규정 및 저작권법 일부개정안을 상세히 분석하였다. 이러한 분석 결과에 기초하여, 본 연구는 도서관에서의 공공저작물의 이용 활성화를 위하여 저작권 제한을 큰 폭으로 확대하는 법률개정안을 제시하였다.

• 한국컴퓨터정보학회논문지
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• 제22권5호
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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.

• 농촌지도와개발
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• 제11권1호
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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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• 제10권3호
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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.

• 한국산학기술학회논문지
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• 제16권7호
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• pp.4424-4431
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• 2015

본 연구는 최근 문화 산업의 발전과 함께 부각되고 있는 저작권 문제를 광고 저작물의 시각에서 접근하였으며 광고에 사용된 사진 저작물 관련 판례를 질적 내용 분석하여 그 법리적 특성을 알아보았다. 최종적으로 수집된 6건의 판례에 대한 분석 결과에 의하면, 저작권 침해를 인정한 경우와 인정하지 않은 경우 모두에게서 공통적으로 나타난 법리적 특성은 해당 사진 저작물의 창작성 여부가 판시의 관건이었음을 알 수 있었다. 이것은 타 저작물의 저작권 침해 문제에 있어서는 주로 '의거성'과 '실질적 유사성'이 주요하게 다루어지고 있다는 점을 고려하면 차이를 보이는 부분이라고 하겠다. 이러한 연구결과는 광고에 타인의 사진 저작물을 사용할 경우에는 창작성 여부를 고려할 필요가 있으며 또한 촬영자의 개성이나 창조성이 결여된 제품 자체에 대한 사진은 저작물로서 보호받지 못한다는 시사점을 남긴다.