• Title/Summary/Keyword: Legislative cases

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The Possibility of Arbitration of Patent In Japan -focusing on Kilby case(Japanese Patent Act Article 104-3)- (일본에서 특허의 유효성에 대한 중재가능성 -킬비 판결(일본 특허법 제104조의3)을 중심으로-)

  • Yun, Sun-Hee
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.57-72
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    • 2011
  • According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

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Forecasting of the COVID-19 pandemic situation of Korea

  • Goo, Taewan;Apio, Catherine;Heo, Gyujin;Lee, Doeun;Lee, Jong Hyeok;Lim, Jisun;Han, Kyulhee;Park, Taesung
    • Genomics & Informatics
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    • v.19 no.1
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    • pp.11.1-11.8
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    • 2021
  • For the novel coronavirus disease 2019 (COVID-19), predictive modeling, in the literature, uses broadly susceptible exposed infected recoverd (SEIR)/SIR, agent-based, curve-fitting models. Governments and legislative bodies rely on insights from prediction models to suggest new policies and to assess the effectiveness of enforced policies. Therefore, access to accurate outbreak prediction models is essential to obtain insights into the likely spread and consequences of infectious diseases. The objective of this study is to predict the future COVID-19 situation of Korea. Here, we employed 5 models for this analysis; SEIR, local linear regression (LLR), negative binomial (NB) regression, segment Poisson, deep-learning based long short-term memory models (LSTM) and tree based gradient boosting machine (GBM). After prediction, model performance comparison was evelauated using relative mean squared errors (RMSE) for two sets of train (January 20, 2020-December 31, 2020 and January 20, 2020-January 31, 2021) and testing data (January 1, 2021-February 28, 2021 and February 1, 2021-February 28, 2021) . Except for segmented Poisson model, the other models predicted a decline in the daily confirmed cases in the country for the coming future. RMSE values' comparison showed that LLR, GBM, SEIR, NB, and LSTM respectively, performed well in the forecasting of the pandemic situation of the country. A good understanding of the epidemic dynamics would greatly enhance the control and prevention of COVID-19 and other infectious diseases. Therefore, with increasing daily confirmed cases since this year, these results could help in the pandemic response by informing decisions about planning, resource allocation, and decision concerning social distancing policies.

The Comparative Law Research On The Mandatory Control About Illegal Foreign Workers in China (중국의 불법체류 외국인근로자에 대한 법적 규제에 관한 비교법적 연구)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.14 no.9
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    • pp.236-246
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    • 2014
  • Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

Case Studies for the Establishment of Korean National Urban Park (사례로 본 한국 국가도시공원 조성 연구)

  • Choi, Hyeyoung;Seo, Young-Ai
    • Journal of the Korean Institute of Landscape Architecture
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    • v.50 no.2
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    • pp.116-126
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    • 2022
  • Although the 'Act on Urban Parks and Green Spaces' was revised in 2016 to provide a legal foundation for national urban parks, there was no further discussion or follow-up research for the implementation of national urban parks. This study investigates Korea's park and green space regulations and national urban park cases from across the world. It aims to analyze worldwide cases and set a course for a viable national urban park system in Korea. The importance and characteristics of national urban parks were evident after reviewing the cases of Japan, Sweden, Finland, and Canada, which have national urban park systems, and the United States and Germany, which aid city parks with national budgets. Each country determined the plans and procedures by assessing the scope of government intervention and the government's role. The importance of communication between the state and municipal governments and private sector participation and governance was recognized. A system was also formed in which local governments actively participate in the nomination, establishment, administration, and management of national urban parks. The results of this study are as follows. First, the concept of equitable national development should be implemented to activate the national urban park system. Second, the national urban park should be a land management tool that may be used to balance development and preservation. Third, a specific method of securing, constructing, administering, and operating national urban parks should be supplemented by the current legislative framework amendment. Furthermore, the establishment of a sustainable research institute is needed to comprehensively analyze parks and green space systems and make appropriate decisions.

A Study on the Construction of an Ideal Internet Fashion Cyber Mall Focused on Web Design, Merchandising and Management

  • Hong, In-Sook;Ryu, Jin-Kyeung;Park, Eun-Jung;Lee, Kyung-Ah;Lee, Keum-Hee;Kim, Moon-Sook
    • The International Journal of Costume Culture
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    • v.3 no.3
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    • pp.201-211
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    • 2000
  • The purpose of this study is to pinpoint currently arising issues concerning cyber fashion mall by analysing present status and contents of its web design, management and planning within the limits o business to customer (B2C) commerce, and to suggest a direction for building an ideal fashion mall on the internet. As for the study method, conceptual definitions were given based on previous studies. And a positive study was implemented, in which the cases of 23 chosen cyber fashion malls among 60 or so domestic and foreign malls selling fashion products were found by internet search engines and analysed. Results of the case analysis of cyber fashion malls are as follows : 1) cybermall must provide customers with an integrated service as well as e-commerce. 2) various products assortment and price differentiation must be developed, 3) the techniques of graphics, coloring and texturing, and layout design must be adopted to process and express product information, 4) the legislative system is needed to deal with the security, and 5) design and management of customer oriented interface are needed to process and express product information matter of electronic payment and customer protection. Considering the issues in internet fashion cybermalls, are suggested the important factors that are necessary or web design, planning and management to build an ideal cyber fashion mall. These results will contribute to the development of fashion e-commerce.

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Needs of Home Care Services for the Arthritic Patients of One Hospital (일개 병원에 내원하는 관절염 환자의 가정간호 요구)

  • Lee, Eun-Ok;Yoo, Kyung-Hee
    • Journal of muscle and joint health
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    • v.1 no.1
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    • pp.88-96
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    • 1994
  • Treatment for the arthritic is mostly on the out-patient basis. The present rheumatologists practicing in Korea do not cover the total number of the patients. Also patients with arthritis need medical treatment for long period of time. Therefore, the number of patients waiting for the treatment is huge in number. This vicious cycle need to be broken in some way. Purpose of this study is to identify the need for home care of the arthritic patients. Nineteen hundred and sixty two subjects were interviewed in one hospital for one month. The following findings were observed : 1. The rates for demanding home care were from 60% to 100% depending on the areas. 2. Reasons for no need of home care were mainly credibility and short distance from the hospital. 3. Time spent for one way transportation was more than 3.3 hours except from Seoul and Kyungki area. The longer they spend time for transportation, the more they want home care services. 4. The number of patients who asked other persons to travel for prescription was 446(22.73%) and average number was 3.26 per year in those 446 cases. 5. Average expenses for transportation and other cost for each time of hospital visit were 21,073won ranged from 8,373 won to 132,571 won. The more spend money for visiting the hospital, the more they want home care services. In order to reduce the physical and economical burden of the arthritic patients living in remote areas, hospital-based home care services are justified on the bases of patients' demand and legislative support.

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An Experimental Study on the Safety Performance of the Rear Safety Guard with Air Bag for Truck (화물차량용 에어백 후부안전판 안전성능에 대한 실험적 연구)

  • Park, In-Song;Yun, Kyung-Won;Park, Kwang-Jong;Kim, Hyo-Jun
    • Transactions of the Korean Society of Automotive Engineers
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    • v.22 no.4
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    • pp.10-19
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    • 2014
  • Despite the movement of safe traffic by the Korean government to reduce deaths in traffic accidents, the casualties increase year by year. In particular, more and more accidents and casualties are reported from car collisions from the back of the vehicles parked for managing traffic accidents on the road, cleaning main roads and medial strips, repairing roads. In order to response to these accidents, the government should take protective measures for road users. In the last decade, seventy-one cases have been reported to occur during highway repair and maintenance. As a result, eight persons were killed and seventy-six were injured, showing the high death rate of 11.3 percent. Therefore, it seems urgent to take some actions against it. The United States and European countries legislate that vehicles of road repair and maintenance should be mandatorily equipped with shock absorber at the back. Korea, however, does not have such legislative measures, which are needed at this time to protect workers on the road. This study compares the performance of the traditional shock absorber for road maintenance vehicles with that of the rear safety guard using air bag, manufactured in accordance with related laws in Korea. Based on the results of the 60km/h rear collision test, this paper proposes improvements in related laws and regulations in an attempt to reduce casualties.

A Study on the Possibility of Introducing Electoral Eligibility for Permanent Alien Residents (정주외국인의 피선거권 도입 가능성에 관한 연구)

  • Lee, Youn-Hwan
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.13-22
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    • 2013
  • With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

A Study on Legislation for the Improvement of the Marine Environment and Safety Act for Deep Sea Drilling (심해 시추와 관련된 국내 해양 환경 및 안전 관련법 개선에 대한 입법론적 연구)

  • Hong, Sung-Hwa;Lee, Chang-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.1
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    • pp.73-82
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    • 2017
  • This study is focused on concepts and types of drilling investigating the scope of activity and problems the application of marine environment and safety acts related to deep-sea drilling for the development of the continental shelf in Korea. For the systemic development of subsea mineral resources, this study suggest a legislative proposal for the establishment of a separate law based on the UK Offshore Installation (Safety Case) regulation and improvement of the marine environment management act, maritime safety act and oil & mining safety regulation. Specially, this study emphasized on the necessity of establishing education, training and evaluation system according to the international certification training for the domestic work force based on accident cases related to overseas offshore plants.

How is the Social Problem-Solving R&D Done? (사회문제 해결형 연구개발은 어떻게 수행되는가?)

  • Song, Wichin;Seong, Ji-Eun
    • Journal of Science and Technology Studies
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    • v.18 no.3
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    • pp.255-289
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    • 2018
  • The social problem-solving R&D is different from the goal and process in comparison with research aimed at scientific excellence and industrial innovation. It pursues social values and active participation of the end-user civil society. In this study, we try to derive its characteristics by analyzing the cases that are evaluated as successful social problem solving R&D project. In order to analyse the social problem-solving R & D case, these four variables are selected; 1) social and technological planning for problem solving 2) participatory technological development 3) law, system and delivery system development for innovation deployment 4) scale-up of new R&D process. Those are important issues identified through case studies: 1) the tools and support services needed to carry out social and technical planning effectively, 2) the role of the Living Lab to coordinate opinions with experts and users, 3) the legislative and institutional improvement activities as important as technological development, 4) researcher's change through interaction with end user.